[Adopted 6-7-2005 by Ord. No. 2005-790 (Ch. 8.44 of the 1992 Code); amended in its entirety 8-17-2010 by Ord. No.
2010-900]
The purpose of this article is to establish a yard waste collection
and disposal program in the Borough of Essex Fells, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves, twigs and branches. Grass clippings, tree stumps,
and roots shall not be deemed or considered yard waste.
[Amended 12-6-2022 by Ord. No. 2022-1068]
Sweeping, raking, blowing or otherwise placing yard waste that
is not in containers or biodegradable paper bags at the curb or along
the street is only permitted during spring and fall cleanup, and then
only in accordance with seasonal rules established by the Borough
for the placement of yard waste in the street during these periods.
Yard waste shall not be placed closer than 10 feet from any storm
drain inlet or 20 feet from an intersection at any time. Placement
of loose yard waste at the curb or along the street, except in accordance
with seasonal rules, shall be a violation of this article. The owner
of any property bordering the area in which the placement of yard
waste occurs shall be responsible for placement of the yard waste
and must remove the yard waste from the street or shall be deemed
in violation of this article. Containers or biodegradable paper bags
placed for yard waste collection shall conform to Borough collection
requirements.
The provisions of this article shall be enforced by the Department
of Public Works, Police Department of Essex Fells, and the Construction
Official.
Any person, firm or corporation, landowner or tenant who violates
any of the provisions of this article of this chapter shall receive
a written notice of violation and be required to correct any such
violation within 10 days of notice. If any such person, firm, corporation,
landowner or tenant fails to abate the violation, he or she shall
be subject to a penalty of $100, and each week the offense continues
will be considered a separate and distinct offense. A subsequent violation
of this article shall result in a penalty of $250 and third and subsequent
violations shall result in a minimum penalty of $500 and a maximum
penalty of $1,000 and up to 90 days in jail upon conviction.
