For the purpose of this article, the terms used
herein are defined as follows:
ASHES
The cold residue from combustion of any type of solid fuel,
such as wood, coal, coke, charcoal, paper and/or any similar substance.
CLASSES OF SERVICE
A.
CLASS IA single-family residence which is a dwelling occupied by one or more persons, the occupants of which live and eat together.
B.
CLASS IIA two-family residence which is a dwelling housing two separate single families.
C.
CLASS IIIA multifamily dwelling which is one or more buildings in the same building complex housing more than two families.
D.
CLASS IVA business use which is a structure used entirely for commercial or business purposes or for commercial, business and residential purposes.
E.
CLASS VAn industrial property which is premises devoted entirely to manufacturing or for any use other than residential or commercial, or property devoted partially to manufacturing jointly with any other use, except as provided in Class VI.
F.
CLASS VISuch premises upon which there exists buildings primarily used for office purposes so long as within such buildings there are employed no more than 350 persons and so long as, in addition to the requirements contained throughout this article, the garbage and refuse to be collected therefrom shall be primarily dry paper products and contain no more than 1% food or other organic or wet waste material.
GARBAGE
Any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose, and shall include, among other things, kitchen refuse, animal or vegetable matter, any decaying and decomposing substance and/or dog feces deposited in accordance with §
124-4 of this Code.
[Amended 11-23-2010 by Ord. No. 2247]
GARDEN REFUSE
Small tree branches capable of being broken by hand and hedge,
bush and vine trimmings; excluded are grass clippings, weeds, garden
plant and vegetable cuttings and leaves, the disposal of which is
governed by another ordinance.
[Amended 3-28-1988 by Ord. No. 1456]
NEWSPAPERS
All noncoated papers sold or distributed at regular or irregular
intervals to convey or report news, opinions, advertisements or other
matters of public or private interest, but excluding all magazines,
books, periodicals, brochures, posters, cardboard boxes, containers
and other paper or paper products of any kind or nature whatsoever.
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, aggregation
or association of persons.
PRIVATE SCAVENGER
A person, firm or corporation duly licensed to render the
service of the collection of garbage or other refuse within the Borough
of Hasbrouck Heights for disposal elsewhere.
SUFFICIENT
Enough receptacles for each premises to eliminate the need
for baskets, cartons, paper bags, etc.
SUITABLE CONTAINER
A receptacle, as herein defined, having a closely fitted
cover or lid, so constructed as to prevent spillage or leakage of
its contents, having handles or other appurtenances thereto of such
type as to facilitate its emptying and which is maintained at all
times in a clean condition. Permitted as suitable shall be two types
of receptacles:
A.
A Type 1 receptacle shall have a capacity of
no more than 32 gallons, shall have handles to enable it to be handled
by one man and shall be filled to a weight no greater than 40 pounds.
B.
A Type 2 receptacle shall be one commonly known
as a "dumpster," having a capacity of no greater than two cubic yards,
and shall have standard appurtenant fixtures thereon to facilitate
dumping into standard garbage-compactor trucks.
TRASH AND RUBBISH
All miscellaneous materials such as rags, paper products,
cardboard, cartons, leather goods, rubber, bottles, tin cans, broken
glass, crockery and/or any similar materials or substances, but shall
not include logs, earth, sand, bricks, mortar or other substances
which may accumulate from building operations.
The Division of Sanitation of the Public Works
Department of the Borough of Hasbrouck Heights shall be the enforcement
authority charged with the responsibility of enforcing the provisions
of this article.
No ashes, trash, rubbish, garden refuse, garbage
or newspapers shall be collected or disposed of except in accordance
with the provisions of this article.
[Amended 3-28-1988 by Ord. No. 1454]
A. Within the limitations hereinafter established, the
Borough of Hasbrouck Heights will provide two garbage collections
per week throughout the Borough in accordance herewith, except in
the event of an emergency which prevents collection. The day and approximate
hour of such collections in the various areas of the Borough will
be publicly announced and published. In case of any change in such
schedule, such modification will be made on at least one week's notice,
except in case of emergencies.
B. As to Class I and II services, such garbage collection
shall be from rear yards or, in the event that the Superintendent
of Public Works determines that a particular rear yard is not reasonably
or practically accessible, from such other yard as he may designate
and, in either case, from Type 1 receptacles as herein defined and
as hereinafter regulated.
[Amended 6-25-1991 by Ord. No. 1590]
C. As to Class III services, such garbage collection
shall be from such places as hereinafter designated and shall be limited
to one Type 1 container per living unit or the bulk equivalent in
Type 2 receptacles.
D. As to Class IV, V and VI, only such services shall
be provided as may be authorized and directed by resolution of the
Mayor and Council hereinafter adopted. The operators of such properties
shall engage, at their own expense, the services of private, duly
licensed scavengers or collectors so as to provide collection of all
garbage from these premises with such frequency and in such manner
so that they are maintained in a safe and sanitary condition. Such
collection shall be in accordance with the standards set forth herein
and further in accordance with the regulations hereafter adopted by
resolution of the Mayor and Council. Such private scavengers or collectors
shall operate in the Borough of Hasbrouck Heights only between the
hours of 6:00 a.m. and 10:00 a.m., and all such operations shall be
only on weekdays, including Saturdays, and shall further operate only
in accordance with all other terms and conditions of this article
and in accordance with the rules and regulations which may be hereafter
adopted by resolution of the Mayor and Council.
The Mayor and Council may, by resolution, establish
additional rules and regulations covering the collections provided
herein. Said rules and regulations, upon promulgation, shall be posted
on the bulletin board maintained by the Borough of Hasbrouck Heights
and published in a newspaper acceptable for general legal advertisements
by the Borough of Hasbrouck Heights. The Mayor and Council shall have
specific authority to amend the provisions of the schedule of collections,
as provided herein, by resolution, to increase, decrease or change
the number of collections per week and the days of collection in any
zone.
Nothing herein contained shall prevent the municipality
from seeking injunctive relief to prevent violations of the provisions
of this article, and said remedies shall be considered to be in addition
to such other remedies as are specified in this article.
[Amended 2-10-1986 by Ord. No. 1344; 5-23-1988 by Ord. No. 1463; 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
A. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to such penalties as are provided in Chapter
204 of this Code.
B. In fixing the fine provided under Chapter
204, the court shall consider the additional or extraordinary cost to the Borough resulting from the violation of the terms of this article as such cost may be certified to the court by the Superintendent of Public Works.