[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:
Concrete, brick, tree parts, nonferrous and ferrous metals
and corrugated cardboard, where practical.
[Added 7-14-2009 by Ord. No. 20-2009]
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.
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.
Household furniture or small appliances excluding white goods,
construction or renovation debris.
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.
Any individual, partnership, corporation, firm or aggregation
or association of persons.
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]
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.
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.
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.
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.
(1)
Collection shall be on such days and at such times
and hours as shall be designated by the City Manager. 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 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 debris or garden refuse placed at
the curb for collection for any one weekly collection day.
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.
[1]
Editor's Note: Former § 93-10, Licensing
of private garbage haulers, was repealed 9-7-1999 by Ord.No. 27-99.
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.
