[Adopted 10-21-1974 by Ord. No. 24-74; amended in its entirety 5-3-1999 by Ord. No. 20-99]
For the purposes of this article, the terms used herein are defined as follows:
CONSTRUCTION AND DEMOLITION DEBRIS
Concrete, brick, tree parts, nonferrous and ferrous metals and corrugated cardboard, where practical.
[Added 7-14-2009 by Ord. No. 20-2009]
GARBAGE
Any waste material in the process of or subject to decomposition or decay incidental to ordinary domestic or business use or purpose and shall include, among other things, kitchen refuse, animal or vegetable matter, decaying and decomposing substances. This does not include any construction or renovation debris, recyclable materials, garden refuse, heavy trash or white goods.
GARDEN REFUSE
Tree branches of less than 1/2 inch in diameter; hedge, brush and vine trimmings; stalks of vegetables and plants and grasses, weeds and similar substances and/or materials found in residential yards. This does not include any dirt, soil, rocks or stones.
HEAVY TRASH
Household furniture or small appliances excluding white goods, construction or renovation debris.
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification may be appropriate and effective for its enforcement.
PERSON
Any individual, partnership, corporation, firm or aggregation or association of persons.
RECYCLABLE MATERIALS
Newspapers, corrugated cardboard, commingled, electronic waste, junkmail (mixed paper), grass clippings, motor oil, dry-cell batteries, small sealed lead-acid batteries, fluorescent bulbs and leaves. "Newspapers" include all papers distributed at regular and irregular intervals to convey or report news or advertisements, excluding glossy printed magazines, books or any periodicals with glued binding, posters or similar materials. "Corrugated cardboard" includes boxes and bindings, but excludes paperboard boxes (example: dry goods, food boxes). "Commingled" includes glass, tin, aluminum, and type 1 and 2 plastic bottles. "Junkmail" (mixed paper) includes magazines, soft cover books, dry good and food boxes, hard cover books, excluding the covers, office paper, envelopes, etc. "Electronic waste" includes TVs, radios, computers and small appliances not considered white goods. "Dry-cell batteries" are household batteries used in flashlights, toys, etc., including rechargeable batteries. "Small sealed lead-acid batteries" are rechargeable batteries used in power tools, cellular phones, etc., excluding car batteries.
[Amended 7-14-2009 by Ord. No. 20-2009]
RUBBISH
Larger or heavier items of nonrecyclable solid waste that do not fall within the definition of "garbage," such as nonmetal furniture, refuse, or garden or other types of debris, which are not liable to prompt decay, and including "heavy trash" but excluding "construction and demolition debris," as separately defined herein. The City Manager shall have the authority to determine whether a particular item of solid waste shall be encompassed within this definition and therefore subject to pickup by the City as elsewhere provided in this chapter.
[Added 2-20-2024 by Ord. No. 05-2024]
SUITABLE GARBAGE RECEPTACLE
A thirty-five-gallon, sixty-five-gallon or ninety-five-gallon receptacle provided by, or purchased from, the City of Hackensack. Such receptacles shall be specifically designed for use with the automated/semiautomated garbage collection system owned and operated by the City of Hackensack.
SUITABLE RECEPTACLE FOR MATERIALS OTHER THAN GARBAGE
Either a watertight metal or plastic container, which is equipped with a close-fitting metal or plastic cover and adequate handles and which is sufficiently strong for collection purposes and has a capacity of not more than thirty-two-gallons; or plastic trash bags, securely tied and of sufficient strength to permit them to be lifted without tearing or breaking.
WHITE GOODS
Any large appliance such as refrigerators, freezers, dishwashers, washing machines, dryers, air conditioners, etc. This includes, but is not limited to, large metal items such as a metal filing cabinet, metal desk, etc.
[Amended 3-5-2024 by Ord. No. 09-2024]
A. 
Except where specifically otherwise provided herein, owners, agents of owners, managing agents and superintendents shall each have the duties imposed by this article. No person shall be relieved from any duty herein by reason of the fact that an occupant or other person shall have the same or similar duties or shall have failed to report a violation; nor shall any person be relieved of liability by the terms of any lease or agreement.
B. 
An occupant shall be liable for violations of this article to the extent that he or she has the power to prevent a violation or assist in abating a violation. Occupants shall be deemed to have the power to abate a violation if the violation is caused by their own act or the act of a member of their family or household or their guests.
C. 
The Division of Sanitation of the Department of Public Works within the City of Hackensack, along with those inspectors designated by the City Manager, shall be the enforcement authority charged with the responsibility of enforcing the provisions of this article.
A. 
No garbage, rubbish, garden refuse, recyclable materials or heavy trash shall be collected or disposed of except in accordance with the provisions of this article.
B. 
The owners or duly authorized agent of all commercial establishments, institutional establishments or multifamily dwellings of four or more units shall annually register for the city's recycling program on or before January 10 of each year. Such registration shall provide a contact person or registered agent who will be responsible for the establishment or multifamily dwelling. Such registration shall be made on a registration form approved by the City Manager. When required, such owner or agent shall submit all necessary documentation and verification of the information required by the registration form.
C. 
All new commercial establishments, institutional establishments and multifamily dwellings of four or more units shall register for the city's recycling program within 45 days of the issuance of a certificate of occupancy.
D. 
All commercial establishments, institutional establishments or multifamily dwellings of four or more units, are required to submit a monthly recycling report. Said report shall be made on a form to be approved by the City Manager. All such reports shall be submitted to the Department of Sanitation and shall be submitted by the 10th day of the month for the month next preceding. When required, such owner or agent shall submit, all necessary documentation and verification of the information required by the monthly recycling tonnage report.
E. 
If the commercial establishment, institutional establishment or multifamily dwelling of four or more units is unable to secure a collection system for the designated recyclable materials, the municipality shall assist them in arranging such service.
A. 
City function. Within the limitations hereinafter established, the collection and disposal of trash, rubbish, garden refuse, garbage and recyclable materials within the jurisdiction of the City of Hackensack is hereby declared to be a municipal function of the City of Hackensack, for which the City of Hackensack assumes responsibility for the collection and disposal.
B. 
Division of Sanitation. The collection, removal and disposal of trash, rubbish, garden refuse, garbage and recyclable materials within the jurisdiction of the City of Hackensack shall be done by the Division of Sanitation of the City of Hackensack in accordance with the provisions of this article and only duly adopted supplemental rules and regulations, provisions of state law or state administrative rules and regulations and the ordinances of the City of Hackensack.
C. 
Private collectors. Individual property owners may contract with refuse haulers who are licensed by the New Jersey Department of Environmental Protection and/or the Board of Public Utilities and the City of Hackensack to service their specific properties. Private collectors are not permitted to remove ashes, trash, rubbish, garden refuse, garbage and recyclable materials placed out for collection by the City of Hackensack unless so licensed. Said private collectors shall not commence pickup before 5:00 a.m. and must complete all pickups prior to 7:00 p.m.
[Amended 6-19-2007 by Ord. No. 21-2007]
D. 
Scavengers. Individual property owners may contract with scavengers to collect recyclable materials from their specific properties, provided that these scavengers receive a permit from the City of Hackensack, the recyclable materials are taken to an approved vendor and the City of Hackensack receives a report on the tons of recyclable materials so removed. Scavengers may not remove recyclable materials placed at the curb by occupants for collection by the City of Hackensack. All scavengers must have the proper equipment to prevent littering, and their permit can be revoked if they violate the provisions of this article. Said scavengers shall not commence pickup before 5:00 a.m. and must complete all pickups prior to 7:00 p.m.
[Amended 6-19-2007 by Ord. No. 21-2007]
E. 
Nonprofit/for-profit dropoff centers. Individual property owners may conduct or allow to be conducted on their property dropoff centers for recyclable materials, provided that they receive a permit from the City of Hackensack for this center, all recyclable materials are taken to an approved vendor, the City of Hackensack receives a report on the tons of recyclable materials so removed and all relevant ordinances and land use regulations of the city are complied with.
A. 
In general. All materials and substances to be collected shall be sorted and held in receptacles as defined herein. The city reserves the right to limit collections at any one location and to refuse to pick up any materials that are improperly prepared, hazardous or pose a safety hazard to city employees or equipment or which exceed the capability and/or capacity of the city's resources to properly collect and dispose.
(1) 
Construction and demolition debris must be recycled privately and proof of same provided to the Building and Land Use Department prior to the issuance of a certificate of occupancy.
[Added 7-14-2009 by Ord. No. 20-2009]
B. 
Material preparation.
(1) 
Any garbage must be placed in a suitable receptacle, as defined herein. All heavy trash or rubbish must be placed properly in a suitable receptacle, as defined herein, or properly and securely tied into bundles or packages to prevent spilling or scattering. Such bundles or packages shall be of a size to permit ease of handling by one man and shall not in any case weigh more than 40 pounds and shall not exceed four feet in length.
[Amended 9-4-2018 by Ord. No. 39-2018]
(2) 
Residents having household items of a larger or heavier nature than permitted under this section will place these items out only on the date so established by the Division of Sanitation. Such larger or heavier rubbish is limited to two separate items for single-family homes or multifamily residential properties of up to four units. Apartment buildings, garden apartments, condominiums, or any other habitable dwelling having more than four residential units are limited to 10 items in total, with items with multiple pieces counted separately towards the limit of 10.
[Amended 10-18-2022 by Ord. No. 45-2022]
(3) 
Recyclable materials shall be separated, kept apart from other refuse and set out for special collection only on the date so established by the Division of Sanitation.
(4) 
Tree branches from 1/2 inch to four inches in diameter shall be cut into four-foot lengths, tied into bundles not exceeding 40 pounds and stacked at the curb with their larger ends facing the street only on the date so established by the Division of Sanitation with heavy trash collections.
(5) 
Garden refuse shall be cut into small pieces, placed in a suitable receptacle for materials other than garbage, as defined under § 93-3, or in brown paper bags specifically designed for garden refuse, for disposal and set out for collection only on the date established by the Division of Sanitation. This includes grass clippings. Suitable garbage receptacles provided by, or purchased from, the City of Hackensack shall not be used for garden refuse and/or grass clippings.
[Amended 9-4-2018 by Ord. No. 39-2018]
(6) 
Newspapers placed out for pickup shall be securely tied and bound with bindings of sufficient strength to permit the bundles to be lifted by the binding, the bundles to weigh not more than 25 pounds each and not exceed 12 inches in height.
(7) 
Corrugated cardboard placed out for collection shall be collapsed and tied into bundles.
(8) 
White goods, as defined herein, shall only be collected by the City of Hackensack under the following circumstances:
(a) 
The person requesting the removal of white goods shall pay a user fee of $10 per white good item to the City of Hackensack.
(b) 
At the time of the payment, the person requesting such pickup will be advised of the date of such pickup and issued a sticker to be affixed to the white good item prior to collection.
(c) 
The white good item shall be placed at the curb, or at such other location determined by the Division of Sanitation, no earlier than 6:00 p.m. of the day prior to scheduled pickup.
(9) 
Glass bottles, aluminum cans, tin cans and plastic bottles placed out for collection shall be placed in suitable receptacles, except that neither plastic bags nor paper bags shall be used for this purpose. They do not have to be separated and may be placed in the same receptacle.
C. 
Containers regulated; provision of containers; maximum pickup; exceptions.
(1) 
The owner, agent, lessee, tenant and/or occupant of every dwelling and other premises shall provide and keep on such premises a sufficient number of suitable receptacles (as defined herein) for the receiving and holding of the substance and/or materials referred herein.
(2) 
Filled receptacles shall be kept covered awaiting collection.
(3) 
The occupant shall keep all receptacles cleaned and in proper condition for safe handling.
(4) 
All garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in suitable garbage receptacles.
(5) 
The Division of Sanitation may affix a notice to receptacles which do not conform to the requirements of this article, indicating that the receptacles do not conform and further use of said receptacles may result in refusal to make collections as specified in this article. Upon further use of said nonconforming receptacles, the Division of Sanitation may refuse to make collection specified in this article.
(6) 
Receptacles; dumpsters.
(a) 
With the exception of those circumstances set forth in Subsection C(6)(c), one suitable garbage receptacle shall be provided to each property located in the City of Hackensack. This receptacle shall remain the property of the city and shall be used exclusively by the person to whom it has been assigned. Any person may purchase second suitable garbage receptacle from the City of Hackensack. The second receptacle shall be the property of the person so purchasing it.
(b) 
With the exception of those circumstances set forth in Subsection C(6)(c), no person shall place more than two suitable garbage receptacles out for regular municipal garbage collection by the City of Hackensack.
(c) 
If the property to be serviced by the City of Hackensack is a house of worship, a school as defined by the Zoning Ordinance of the City of Hackensack, a multiple dwelling as defined by the Zoning Ordinance of the City of Hackensack or a municipally owned building or other premises, the City Manager or his designee may require or approve the use of a dumpster for the collection services provided to the property.
[1] 
Such dumpsters shall be not less than two cubic yards nor more than eight cubic yards in size, must be water- and rodent-tight and have a lid that prevents rainwater from entering the container. All dumpsters must be so fitted as to be handled by the refuse collection equipment used by the City of Hackensack.
[2] 
All dumpsters to be emptied by the City of Hackensack must be readily accessible to the collection vehicles with a minimum fifteen-foot-wide unobstructed access aisle. No rubbish or garbage shall be placed in front of the dumpster at any time. Following a winter weather event where there is measurable snow or ice that has accumulated, such snow or ice shall be removed from the collection area within six hours of daylight after the same shall have ceased to fall or form thereon, or prior to the next scheduled collection date, whichever is later. All dumpster covers shall be free of snow and ice at the time of collection.
[Amended 3-8-2022 by Ord. No. 11-2022]
[3] 
All dumpsters to be emptied by the City of Hackensack shall be so located that the collection vehicle can back up directly to the dumpster. City employees will not manually move the dumpsters for collection.
[4] 
The City of Hackensack is not responsible for any damage to any property caused by the collection vehicle, provided that it follows the access route approved by the property owner and the Superintendent of Sanitation.
[5] 
No more than three approved dumpsters may be collected at one pickup by the city.
D. 
Collection.
[Amended 2-20-2024 by Ord. No. 05-2024]
(1) 
Collection shall be on such days and at such times and hours as shall be designated by the City Manager except as otherwise set forth herein. The frequency of garbage collection shall be no less than once per week.
(2) 
Except as otherwise provided herein, all materials shall be set out for collection at the curb no earlier than 6:00 p.m. on the night before the scheduled collection, and all receptacles shall be returned to an appropriate storage area by 8:00 p.m. on the day of collection.
(3) 
Receptacles shall not be stored within the required side or rear yards established in Chapter 175 of the Code, unless properly screened from the adjacent property. Any receptacles stored in the front yard shall be screened from public view by an appropriate enclosure, fence or evergreen planting.
(4) 
In order to assure that all the residents seeking disposal of rubbish, such as heavy trash items and garden refuse, can be serviced once a week, there shall be no more than two large items of furniture or two cubic yards of miscellaneous rubbish, such as debris or garden refuse, placed at the curb for collection for any one weekly collection day. The City Council has established that rubbish will be picked up on the following permanent weekly schedule:
(a) 
City streets south of Central Avenue to the southern City boundary: first and third Wednesday of each calendar month.
(b) 
City streets from Central Avenue to the northern City boundary: second and fourth Wednesday of each calendar month.
(c) 
In the event of a fifth Wednesday in a calendar month, no rubbish pickup.
(d) 
There will be no rubbish pickup on Christmas Day.
(e) 
The City Manager shall retain the authority to suspend rubbish pickup in the event of emergent circumstances implicating the public's health, safety and welfare.
(5) 
Occupants shall have an affirmative duty to promptly report to the Department of Public Works in person at its offices, via telephone, or via an electronic mail address that shall be established by the Department of Public Works and publicized on the City's website, in the event that any garbage, rubbish, garden refuse, recyclable materials or heavy trash has been placed outside of the occupant's property for collection without the occupant's authorization. If an occupant fails to do so, in the event of a violation of any provision of this article, the City shall be entitled to a rebuttable presumption that the occupant of the property is personally responsible for the violation.
[Added 3-5-2024 by Ord. No. 09-2024]
E. 
Acts prohibited. It shall be unlawful:
(1) 
Except as otherwise provided herein, to place or store any of the substances and/or materials referred to in this article in any paper bag, parcel, wooden keg or barrel, basket, drum or any type of container whatsoever other than the type receptacle herein specified.
(2) 
To commingle recyclable materials with other refuse. Recyclable materials shall be separated and kept apart from any other refuse for special collection. Any refuse which contains recyclable materials as herein defined will not be collected by city employees.
(3) 
To make alternate arrangements for disposing of recyclable materials that are contrary to provisions of the article.
(4) 
To remove, destroy or interfere with any recyclable materials placed at the curb on the designated days in accordance with this article.
F. 
Noncollectable items.
(1) 
Industrial waste materials or substances such as poisons, acids, caustics, animal feces, noxious chemicals, infected materials, explosives and ammunitions or any other materials likely to cause injury to persons employed or damage to equipment used in making collection.
(2) 
Materials resulting from the demolition, repair, excavation or construction of buildings or structures or such earth, plaster, mortar, lumber or roofing materials.
(3) 
Loose piles of vegetation or tree branches unless properly prepared for collection.
(4) 
Materials which have not been prepared for collection in accordance with the standards set forth in this article.
(5) 
Materials which cannot be disposed of in accordance with the standards and regulations prescribed by the Department of Health and State of New Jersey Department of Environmental Protection regarding disposal of waste materials.
(6) 
Materials which cannot be disposed of in accordance with the rules, regulations or standard contractual provisions issued by the Bergen County Utilities Authority or any successor thereto authorized by law to supervise the implementation of the Bergen County Solid Waste Management Plan.
The City Manager may promulgate and establish rules, regulations and programs for the effective execution of the foregoing provisions, provided that they are consistent therewith.
A. 
All persons and occupants shall separate from their garbage, refuse and trash recyclable materials as defined herein. For those locations utilizing city collection services, these recyclable materials will be collected in accordance with the provisions of this article. For those locations using private collectors, these recyclable materials shall be transported to approved recycling centers by the person or occupant or shall be collected by scavengers in the manner provided herein. Whenever in the case of a person occupying commercial or institutional premises recyclable materials are disposed of by other than city collection, the person or occupant shall annually file a notice with the Sanitation Division indicating what recyclable materials are being disposed of, who is performing this service and what vendor is receiving the materials. In addition, the person or occupant shall annually advise the Sanitation Division of the weight of the recyclable materials so disposed.
B. 
All persons and occupants who do not comply with these recycling requirements shall be subject to the violation and penalty requirements of this article.
A. 
The Division of Sanitation may refuse to service any person who fails to comply with the provisions of this article. In addition, any person, after receiving written notice of noncompliance, shall be subject for any violation, for which a citation may thereafter issue, to the following:
(1) 
First violation: a fine of $100, plus any collection costs assessed by the court.
(2) 
Second violation: a fine of $250, plus any collection costs assessed by the court.
(3) 
Third violation: a fine of $500, plus any collection costs assessed by the court. A convicted person may be ordered to perform community service in the recycling program for a period not to exceed 25 man-hours of labor.
(4) 
Fourth and each subsequent violation: a fine of $1,000, plus any collection costs assessed by the court. A convicted person may be ordered to perform community service in the recycling program not to exceed 90 days (equivalent to 720 man-hours of labor) and/or up to 90 days in jail.
B. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate violation and be punishable as such.
If any section, subsection, or clause of this article shall, for any reason, be held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this article.