[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.]
[Amended 2-18-1969 by Ord.
No. 3893]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Includes those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Includes particles of gasborne and airborne solid matter arising
from the combustion of solid fuel, but does not include process materials.
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.
Includes animal and vegetable matter originating in houses, kitchens,
restaurants and hotels, produce markets, etc.
Includes equipment for propulsion, power or heating on all types
of marine craft and floating equipment.
Includes any fire wherein the products of combustion are emitted
into the open air and are not directed thereto through a stack or chimney.
Includes corporations, companies, associations, societies, firms,
partnerships and joint companies, as well as individuals.
Includes garbage, rubbish and trade waste.
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.
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.
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.
Includes small gasborne particles arising from a process of combustion
in sufficient number to be observable.
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.
Includes a flue, conduit or opening permitting particulate or gaseous
emissions into the open air, or constructed or arranged for such purpose.
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.
[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.
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.
This chapter shall be enforced by the Health Department, Engineering
Department and Police Department of the City of Clifton.
[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.
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.
