As used in this article, the following terms
shall have the meanings indicated:
ASHES
The residues from the burning of wood, coal, coke or other
combustible materials.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
PRIVATE CONTRACTOR
A person, owner, operator, firm, corporation or partnership
engaged in the business of collecting any waste material within the
Borough and disposing of the same.
[Added 5-25-2021 by Ord. No. 2580-2021]
REFUSE
All putrescible and nonputrescible solid wastes (except body
wastes), including street cleanings, dead animals, abandoned personal
property and solid market and industrial wastes.
RUBBISH
Nonputrescible solid waste consisting of both combustible
and noncombustible waste, and including all crockery, glassware, discarded
receptacles and utensils, sweepings, and all discarded and waste material
of every nature and description not elsewhere defined.
SANITARIAN
The duly qualified enforcing official of the Borough Department
of Health and Human Services, appointed by the Borough Manager.
SCAVENGER
A person engaged in the business of collecting any waste
material within the Borough and disposing of the same.
[Added 5-25-2021 by Ord. No. 2580-2021]
Materials placed at the curb are the property of the Borough
or its authorized agent or an authorized agent of the establishment
where private collection is being conducted. It is a violation of
this article for any person unauthorized by the Borough to collect,
pick up or cause to be collected or picked up any material placed
at the curb.
[Amended 5-25-2021 by Ord. No. 2580-2021]
No garbage shall be collected into trucks other
than trucks of the automatic packer type, which shall be, at all times,
clean and in good operating mechanical condition and provided with
heavy covering for containing the contents. Trucks collecting other
waste material and carrying same shall also be provided with tarpaulin
or other heavy cover to prevent the littering of the Borough. All
vehicles used by the private contractor shall be at all times subject
to inspection by the Sanitarian and the members of the Borough Police
Department to assure compliance with the provisions of this article.
[Amended 5-25-2021 by Ord. No. 2580-2021]
A. All waste material collected or received by a private
contractor which shall spill or fall while being carried or conveyed
to a truck or from a truck, or other collection vehicle or container,
or while being loaded in or transported by any such truck, vehicle
or other container, shall be immediately removed and broom-cleaned
so as to leave the premises or street in a clean condition.
B. All private contractors shall be required to faithfully
perform all private contracts entered into for the removal of waste
material from premises within the Borough. In the event that any private
contractor shall fail to carry out its contractual obligations for
the removal of waste material from premises within the Borough, and
as a result of such failure waste material is caused to overflow or
spill from any containers provided for the deposit of such waste material
on said premises, the Borough Department of Health and Human Services,
in addition to all other remedies provided herein, shall have the
right to declare such condition a public nuisance and a danger to
the health and welfare of the community, and shall have the right
to declare said private contractor as being in violation of the provisions
of this article.
[Amended 5-25-2021 by Ord. No. 2580-2021]
No private contractor shall commence collection
of any waste materials from any residential zone of the Borough before
7:00 a.m. or after 6:00 p.m.
The provisions of this article shall not be
construed to alter, amend or change any definition, condition, clause
or portion of any present or future agreement between the Borough
and any scavenger doing business in the Borough under a contract with
the Borough of Fair Lawn.
[Amended 5-25-2021 by Ord. No. 2580-2021]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, General Provisions, Article
III.