[Adopted 7-27-1982 as Section 17-5
of the 1981 Revised General Ordinances]
This article shall be known and may be cited
as the "Solid Waste Ordinance of the Borough of Fair Lawn, New Jersey."
As used in this article, the following terms
shall have the meanings indicated:
Rags, waste wood or other combustible waste solids of a nonvolative
or explosive nature.
Animal and/or vegetable waste solids resulting from the handling,
preparation, cooking and/or consumption of foods.
All solid waste material which does not burn, with the exception
of building materials.
Garbage, combustible and/or noncombustible waste solids.
The owner, agent, lessee, tenant or occupant
of every dwelling or other premises where refuse accumulates shall
provide and keep on such premises sufficient and suitable receptacles,
with tight-fitting covers, for receiving and holding the aforesaid
refuse.
A.
"Sufficient" is defined, for the purpose of this article,
to be at least one receptacle for each family unit or other occupant
of premises and at least two such receptacles for each restaurant,
market, store or similar business establishment where the aforesaid
refuse shall accumulate.
B.
"Suitable" is defined, for the purposes of this article,
to be a watertight metal or plastic receptacle with a tight-fitting
cover, so constructed as to prevent spilling or leakage of its contents.
Each receptacle for use at a single residence shall have a capacity
of not more than 40 gallons and be equipped with a pull handle or
handles.
[Amended 5-25-2021 by Ord. No. 2576-2021]
Receptacles that are badly broken or otherwise
fail to meet the requirements of this article may be classed as refuse
and collected and disposed of as such by the person or agency responsible
for the collection of refuse.
[Amended 5-25-2021 by Ord. No. 2576-2021]
No owner, agent, tenant, lessee or occupant
of any house, store, building, premises or any part thereof in the
Borough shall place any garbage containers upon the sidewalk of the
premises any earlier than 6:00 p.m. on the day before the day appointed
by the proper authorities for the collection of garbage. All such
garbage containers shall be placed upon the sidewalk of the premises
as near to the curb as the same can be conveniently placed. The garbage
containers shall, after the same are emptied, be removed from curbside
promptly, but not later than 9:00 p.m. of the day of collection. No
receptacle shall be placed within the curb lines of the street nor
within the right-of-way.
[Amended 5-25-2021 by Ord. No. 2576-2021]
Every owner, agent, tenant, lessee or occupant
of any house, store, building, premises or any part thereof in the
Borough shall, upon the days appointed by the proper authorities for
the collection of refuse other than garbage, place every barrel or
receptacle containing noncombustible waste upon the sidewalk of his/her
premises as near to the curb as the same can be conveniently placed.
The receptacles shall, after the same are emptied, be removed from
curbside promptly, but not later than 9:00 p.m. of the day of collection.
No receptacles shall be placed within the curblines of the street
nor within the street right-of-way. Nothing herein contained, however,
shall limit any person from contracting with those who have the collection
and disposal of ashes, dirt and other household refuse so that the
collections may be made from their premises rather than from the sidewalk
area abutting the public street.
A.
It shall be the duty of the owner, tenant, lessee
or occupant of every residential or apartment dwelling to maintain
and keep all receptacles for storage of refuse and garbage, except
such premises employing underground containers, within the areas of
the premises or within the confines of the building structure other
than during such periods when said receptacles have been placed upon
the sidewalk of the premises for garbage and refuse pickup purposes.
The owner, tenant, lessee or occupant of every residential or apartment
dwelling shall be required to keep garbage containing animal or vegetable
substances at all times within covered metal or plastic containers.
B.
All receptacles for storage of refuse and garbage
maintained on single-family detached residential premises if not stored
within the confines of the building structure shall be placed on the
side of such residential premises (if not stored in the rear thereof)
and shall not extend beyond the footprint of the premises closest
to the front curbline. For premises, as defined herein, that are situated
on corner lots, the receptacles shall not be stored beyond the footprint
of the primary structure on the premises closest to the street curbline
on the side of the primary structure where the receptacles are stored.
[Added 1-24-1995 by Ord. No. 1587-95]
Refuse shall be prepared as follows:
A.
Garbage shall be thoroughly and completely drained
of all liquids and wrapped securely in paper or plastic before being
placed in the garbage receptacle.
B.
Refuse prepared for collection shall be packaged or
otherwise assembled in quantities weighing not more than 50 pounds.
[Amended 5-25-2021 by Ord. No. 2576-2021]
A.
The owner, agent, lessee, tenant or occupant of each
and every building occupied for the purpose of transacting business
and located in the business zone as officially designated in the Zoning
Ordinance of the Borough and the amendments thereto shall provide
a covered metal container or containers for the storage of all garbage
and shall have constructed either within the building or as a separate
building on the premises a fireproof compartment for the purpose of
storing the garbage receptacles and all other rubbish and waste materials
which accumulate on the premises between collections.
B.
All compartments required to be provided for the business and commercial establishments hereunder shall be built large enough to contain the number of refuse receptacles as herein specified under § 204-3. The compartments shall be constructed of such material as will avoid absorption of moisture and shall be arranged as to be easily cleansed and ventilated. The construction or alteration of any such compartments shall not be commenced unless a permit for the construction or alteration of such shall first be obtained from the Code Enforcement Officer of the Borough.
Refuse shall be disposed of only through use
of sanitary landfills established, conducted and operated and maintained
in accordance with standards established by law.
[Added 12-14-1982 by Ord. No. 1277-82; amended 10-9-2007 by Ord. No. 2092-2007]
This article shall be enforced by the Health
Officer who may delegate such enforcement to either the Assistant
Code Enforcement Officer/ Property Maintenance Officer, the Borough
Sanitarian or the Recycling Coordinator, or all of the foregoing,
as required.
[Added 12-14-1982 by Ord. No. 1277-82]
A.
Whenever the enforcement officer determines that there
is a violation of any provision of this article, he/she shall give
notice of such violation to the person, persons or entities responsible
therefor under this article. Such notice shall be in writing and shall
include a concise statement of the reasons for its issuance. Such
notice shall be deemed properly served if a copy thereof was sent
by registered or certified mail to the last known address of the person
or entity upon whom served as that address was shown by the most recent
tax lists of the Borough of Fair Lawn; or a copy thereof handed to
said person or entity; or a copy thereof left at the usual place of
abode of such person or at a regular office of said entity. Notice
may be given if effected within or without the Borough. The notice
shall also state that unless the violation is abated, cured or desisted,
a summons shall be issued for such violation against the person or
entity so notified.
[Amended 5-25-2021 by Ord. No. 2576-2021]
B.
All notices required pursuant to this article shall
be served within any twelve-month period and this notice shall remain
valid for the ensuing twelve-month period as notice for any subsequent
violations.
[Added 7-24-1984 by Ord. No. 1307-84]
