City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 7-2-1963 by Ord. No. 3506 (Article 9 of Chapter 18 of the Revised Ordinances of the City of Clifton, New Jersey, 1960). Amendments noted where applicable.]
GENERAL REFERENCES
Health Department — See Ch. 47.
Coin-operated dry-cleaning establishments — See Ch. 207.
Fire prevention — See Ch. 233.
Littering — See Ch. 307.
Diesel-powered vehicles — See Ch. 441.

§ 127-1 Definitions.

[Amended 2-18-1969 by Ord. No. 3893]
As used in this chapter, the following terms shall have the meanings indicated:
AIR POLLUTION
Includes the presence in the outdoor atmosphere of substances in quantities which cause or tend to cause the loss of purity and cleanness of said atmosphere and which are injurious to human, animal or plant life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout the City of Clifton and/or in such areas of the City of Clifton as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
ECONOMIC POISONS
Includes those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
FLY ASH
Includes particles of gasborne and airborne solid matter arising from the combustion of solid fuel, but does not include process materials.
FUEL-BURNING EQUIPMENT
Includes any furnace, incinerator, marine installation, internal-combustion engine, refuse-burning equipment, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel, refuse or other combustible material.
GARBAGE
Includes animal and vegetable matter originating in houses, kitchens, restaurants and hotels, produce markets, etc.
MARINE INSTALLATION
Includes equipment for propulsion, power or heating on all types of marine craft and floating equipment.
OPEN BURNING
Includes any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint companies, as well as individuals.
REFUSE
Includes garbage, rubbish and trade waste.
RINGELMANN SMOKE CHART
Includes the Ringelmann's Scale for Grading the Density of Smoke published by the United States Bureau of Mines or any chart, recorder, indicator or device for the measurement of smoke density which is approved by the Department of Health of the State of New Jersey as the equivalent of said Ringelmann's Scale.
RUBBISH
Includes solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Includes any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.
SMOKE
Includes small gasborne particles arising from a process of combustion in sufficient number to be observable.
SOLID FUEL
Includes a fuel which is fired as a solid, such as anthracite or semianthracite, bituminous or subbituminous coal, lignite, coke breeze, wood, or any solid by-product of a manufacturing process that may be substituted for any of the above specifically mentioned fuels.
STACK or CHIMNEY
Includes a flue, conduit or opening permitting particulate or gaseous emissions into the open air, or constructed or arranged for such purpose.
TRADE WASTE
Includes all solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.

§ 127-2 Open burning of refuse; application for permit.

[Amended 2-18-1969 by Ord. No. 3893]
A. 
No person shall cause, suffer, allow or permit open burning of refuse except as provided in Subsection D of this section.
B. 
No person shall conduct a salvage operation by open burning.
C. 
No person shall dispose of refuse in such a manner as to cause air pollution.
D. 
The open burning of trade waste where no other method of disposal can be used without hazard to health, life or property may be permitted; provided, however, that the persons engaged in the burning of trade waste shall first obtain permission from the State Commissioner of Health and then obtain a permit therefor from the Board of Health of the City.
(1) 
An applicant for a permit under this subsection shall file with the City Clerk a sworn application in writing, upon a form to be furnished by the City Clerk, which application shall set forth and contain the following information:
(a) 
The name, address and telephone number of the applicant. If a corporation, the names and addresses of the officers, directors and registered agents of the corporation; if any entity other than an individual or corporation, the names and addresses of all members thereof.
(b) 
The name, address and telephone number of the person in charge of the premises where trade waste is to be burned.
(c) 
The type of business or activity involved.
(d) 
The proposed operating practice, including the type and quantity of trade waste to be disposed of by open burning.
(e) 
Whether the open burning is to be carried on for a single instance or intermittently.
(f) 
The exact location where open burning will be used to dispose of trade waste.
(g) 
Reasons why no method other than open burning can be used for disposal of trade waste without resulting in a hazard to health, life or property.
(2) 
Upon receipt of such application together with the annual fee, the City Clerk shall forward a copy of the application to the Fire Prevention Bureau.
(3) 
Upon receipt of said copy, the Fire Prevention Bureau shall make such investigation of the type of business or activity involved, the proposed operating practice, including the type and quantity of trade waste to be disposed of by open burning, and the location where open burning will be used to dispose of trade waste as may be necessary to determine if the open burning will result in a hazard to health, life or property. Upon completion of such investigation, the Fire Prevention Bureau shall determine if the open burning will result in a hazard to health, life or property and shall recommend granting or denial of the permit sought. Said determination, recommendation and reasons therefor shall be forwarded to the City Clerk.
(4) 
Upon receipt of said determination, recommendation and reasons therefor from the Fire Prevention Bureau, the City Clerk shall forward the same together with the application to the Board of Health.
(5) 
The Board of Health, in its discretion and subject to the provisions of this subsection, may grant a permit. It may not grant the permit unless the Fire Prevention Bureau has recommended granting of the same. It may deny the application for any of the following reasons:
(a) 
That methods other than open burning can be used for disposal of trade waste without resulting in a hazard to health, life or property.
(b) 
That the location and use of the property covered by the application does not conform to all ordinances of the City, and to all laws, rules and regulations of the State of New Jersey or of any body, board or commission thereof, which may be applicable thereto.
(c) 
That said open burning will result in a hazard to health, life or property.
(6) 
The Board of Health shall notify the City Clerk of the grant or denial of the permit.
(7) 
The fee for a permit for the open burning of trade waste shall be $5 for a period of one year or any part thereof, which fee shall be paid to the City Clerk upon the filing of the application for such permit, and which fee shall be returned to the applicant if the permit is denied.

§ 127-3 Certain smoke prohibited; exceptions.

A. 
No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment, the shade, density or appearance of which is darker than or equal to that shade, density or appearance described as No. 1 on the Ringelmann Smoke Chart, to be admitted into the open air.
B. 
The provisions of Subsection A of this section shall not apply to the following:
(1) 
Smoke emitted during the cleaning of a firebox or the building of a new fire, the shade, density or appearance of which is not darker than that shade, density or appearance described as No. 2 on the Ringelmann Smoke Chart, for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
(2) 
Smoke emitted from locomotives, the shade, density or appearance of which is equal to but not darker than that shade, density or appearance described as No. 2 on the Ringelmann Smoke Chart, for a period or periods aggregating no more than 30 seconds in any three consecutive minutes, or smoke of said shade, density or appearance for a period or periods aggregating no more than four minutes in any 15 consecutive minutes when building a new fire.
(3) 
Smoke resulting from any fire ignited solely for the purpose of training or research in fire protection or prevention.[1]
[1]
Editor's Note: Original Section 18-94.4, which originally followed this section, was repealed 2-18-1969 by Ord. No. 3893.

§ 127-4 Emission of polluting substances prohibited.

A. 
No person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution.
B. 
The provisions of this section shall not apply to the use of economic poisons.

§ 127-5 Enforcement.

This chapter shall be enforced by the Health Department, Engineering Department and Police Department of the City of Clifton.

§ 127-6 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969; 6-21-1988 by Ord. No. 5270-88]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both. On a second or subsequent conviction, such person shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 127-7 Repealer.

Sections 18-90 to 18-94, inclusive, of the Revised Ordinances of the City of Clifton be and they are hereby repealed, and all other ordinances or parts of ordinances and all parts of the Fire Prevention Code inconsistent herewith be and they are hereby repealed as to such inconsistency only.