Borough of North Arlington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of North Arlington 11-13-1975 by Ord. No. 15-75 (Ch. 225 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES

Dumping and dumpsters — See Ch. 147.

Littering — See Ch. 221.

Property maintenance — See Ch. 273.

Dumping and littering — See Ch. 386.

Public health nuisances — See Ch. 417.

§ 398-1
Definitions. 

§ 398-2
Garbage collection by Borough. 

§ 398-3
Standards for refuse receptacles. 

§ 398-4
Preparation of refuse for collection. 

§ 398-5
Rules for collection; frequency. 

§ 398-6
Collection vehicle standards; responsibilities of licensee. 

§ 398-7
Enforcement. 

§ 398-8
Violations and penalties. 

As used in this chapter, the following terms shall have the meanings indicated:

OFFAL, REFUSE, RUBBISH, GARBAGE and COMBUSTIBLE AND NONCOMBUSTIBLE WASTES
Are interchangeable and include the following:
A. 

Refuse, garbage and combustible and/or noncombustible waste solids.

B. 

Animal and/or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food. Animal waste shall not include animal excrement. Disposal of any animal excrement shall be in accord with regulations promulgated by the Board of Health.

C. 

Rubbish, including miscellaneous materials such as rags, paper products, cardboard, periodicals, leather goods, rubber, bottles, tin cans, broken glass, crockery, metal, cuttings and similar materials. Rubbish shall not include material in the nature of trees, stumps, branches, logs, earth, sand, lumber, brick, stone, plaster or other substances that may accumulate from building operations.

Editor's Note: Amended at time of adoption of Code (see Ch. 365, General Provisions, Board of Health, Art. I).

D. 

Ashes, including residue of combustion from any type of solid fuel, such as wood, coal, coke, charcoal or like substances.

Editor's Note: Amended at time of adoption of Code (see Ch. 365, General Provisions, Board of Health, Art. I).

E. 

Nonputrescible solid wastes of both combustible and noncombustible wastes.

F. 

Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes and solid market and industrial wastes.

PERSON
Any individual, partnership, association, corporation or other legal entity.

Every person placing garbage, ashes, refuse or other matter, hereinbefore defined, for the collection from, on or in connection with residential property or residential units, food-handling establishments or businesses and factories, which property shall be within the boundaries of a garbage collection district heretofore established by the Borough of North Arlington, shall have such collection and removal provided for them by the Mayor and Council of the Borough of North Arlington.

A. 

Residential refuse receptacle.

(1) 

The owner, agent, lessee, tenant or occupant of every dwelling house or other premises where waste accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight-fitting covers for receiving and holding the waste. As used in this subsection, the following terms shall have the meanings indicated:

(a) 

The term “sufficient” is defined, for the purpose of this subsection, to be at least one receptacle for each family unit or other occupant of premises, but each occupant of premises shall provide sufficient receptacles to store all waste which may be accumulated between the times when such refuse is disposed of as hereinafter provided.

(b) 

The term “suitable” is defined, for the purpose of this subsection, to be a watertight metal or unbreakable rubber or plastic receptacle with a tight-fitting cover, so constructed as to prevent spilling or leakage of its contents. Each receptacle for use by a single residence shall have a capacity of not more than 20 gallons and be equipped with a pull handle or handles.

(2) 

Receptacles for waste from multidwelling units may have a greater capacity than that prescribed in Subsection A(1)(b) hereof, provided they meet the qualifications established by the Board of Health of the Borough of North Arlington and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle, if removed for emptying.

(3) 

Receptacles that are badly broken or otherwise fail to meet the requirements of this section may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable, under the definition in this section, at some previous time; then, in that event, there shall be given a written notice to the owner of the fact that the receptacle is not deemed suitable, at least five days before the receptacle is collected.

(4) 

Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner, with the cover in place, as to prevent creation of a nuisance or menace to public health.

B. 

Food-handling establishment refuse receptacles.

Editor's Note: See Ch. 394, Food Handling.
serving food on the premises.

(1) 

The owner, agent, lessee, tenant or occupant of every food-handling establishment serving food on the premises or other premises where waste accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight-fitting covers for receiving and holding the waste. As used in this subsection, the following terms shall have the meanings indicated:

(a) 

The term “sufficient” is defined, for the purpose of this subsection, to be receptacles adequate to dispose of all waste which may be accumulated between the times when such refuse is disposed of as hereinafter provided.

(b) 

The term “suitable” is defined, for the purpose of this subsection, to be a watertight metal or unbreakable rubber or plastic receptacle with a tight-fitting cover, so constructed as to prevent spilling or leakage of its contents. Each receptacle for use by a single food-handling establishment shall have a capacity of not more than 20 gallons and be equipped with a pull handle or handles.

(2) 

Any food-handling establishment requiring for the disposal of refuse, as herein defined, more than four twenty-gallon receptacles per garbage collection pickup shall use such receptacles as shall be established by regulation of the Board of Health of the Borough of North Arlington, which container shall be equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type receptacle, if removed for emptying.

(3) 

Receptacles that are badly broken or otherwise fail to meet the requirements of this section may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable, under the definition of this section, at some previous time; then, in that event, there shall be given a written notice to the owner of the fact that the receptacle is not deemed suitable, at least five days before the receptacle is collected.

(4) 

Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner, with the cover in place, as to prevent creation of a nuisance or menace to public health.

C. 

Businesses, factories or any other location, except food-handling establishments and residences.

(1) 

The owner, agent, lessee, tenant or occupant of every business, factory or any other location, except food-handling establishments and residences or other premises where waste accumulates, shall provide and keep on such premises sufficient and suitable receptacles with tight-fitting covers for receiving and holding the waste.

(a) 

The term "sufficient" is defined, for the purpose of this subsection, to be receptacles capable of being handled by motorized equipment and having specifications provided and established by regulation of the Board of Health of the Borough. No such business, factory or other location shall be allowed to use receptacles other than those specifically prescribed by the Board of Health of the Borough of North Arlington.

(2) 

Said receptacles shall be cleaned and sanitized as needed after emptying and replaced by the same type of receptacle, if removed for emptying.

(3) 

Receptacles that are badly broken or otherwise fail to meet the requirements of this section may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable, under the definition of this section, at some previous time; then, in that event, there shall be given a written notice to the owner of the fact that the receptacle is not deemed suitable, at least five days before the receptacle is collected.

(4) 

Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner, with the cover in place, as to prevent creation of a nuisance or menace to public health.

A. 

Garbage shall be placed in a receptacle as herein described.

B. 

Papers shall be secured and properly tied into bundles or other packages in a manner to prevent scattering while waiting or during collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man.

C. 

Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering. The bundles or packages shall be of a size and weight to permit ease of handling by one person and shall be packaged or otherwise assembled in quantities weighing not more than 50 pounds.

D. 

All ashes shall be placed in a container covered in such a manner as to prevent the contents of the container from becoming wet due to rain or snow. No paper or loose combustible material shall exceed 30 gallons in capacity. Ashes shall be cold and free from any hot coals to prevent possibility of fire.

E. 

All normal household refuse will be accepted, but material and refuse from construction, repairs or alterations to dwellings or structures not performed by the homeowner will not be accepted.

F. 

Hedge and shrubbery clippings, tree trimmings and garden refuse will be accepted if securely tied in bundles not exceeding 36 inches in length and 24 inches in diameter. The total volume of such hedge or tree trimmings shall not exceed 54 cubic feet for any one day's collection.

G. 

No person shall place on the curb, as herein elsewhere required, or anywhere else for collection, any explosive or highly flammable materials such as benzene, gasoline, petroleum, explosive powder or nitrocellulose film. Special arrangements, however, may be made with the collector for immediate collection and disposal of any articles or materials of any highly combustible nature.

H. 

Receptacles shall not be filled higher than three inches below the top. Metal or plastic covers shall be placed on the receptacles to prevent any refuse from being scattered about by the wind or other elements. Receptacles shall not be filled to weigh more than 50 pounds. Damaged or leaking receptacles shall be replaced at the expense of the owner.

[Amended 10-2-2001 by Ord. No. 1820]

I. 

No material aforementioned shall be disposed of in any manner inconsistent herewith.

A. 

All persons being served by the garbage collection system shall have garbage collected at such time and at such places as shall be designated by the Mayor and Council of the Borough of North Arlington.

B. 

No agent or employee of the Borough of North Arlington shall be required to enter into any building or structure to gather or collect refuse or garbage, nor is any agent or employee of the Borough authorized to solicit money for any purpose in connection with collection.

C. 

The Borough of North Arlington will not make any return call for refuse not placed out at the curb on time, nor for garbage not placed in proper receptacles.

D. 

No person shall set or place any garbage, ashes, refuse or other material on the curbline for collection from any house, apartment or residence units or businesses, or any other location, before 6:00 p.m. of the day prior to the collection day for the district in which the same is situated, nor allow any empty containers to remain on the curbline, as herein provided, after 7:00 p.m. of the day of collection, and containers must be stored in such a manner as to not create a nuisance or annoyance to adjacent neighbors.

E. 

All garbage, ashes, refuse and other materials set or placed for collection from any house, apartment or residence units or businesses, or any other location, shall be set or placed as near as possible on or along the curbline and shall not be set or placed in any gutter or road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.

F. 

No refuse, grass clippings, hedge, hedge clippings, shrubbery, shrubbery clippings, tree branches, tree cuttings or other similar material shall be placed, pushed, raked or swept in or onto any public walk, sidewalk, gutter, road, roadway or public thoroughfare. Such shall be in containers, tied, packaged or bundled for collection, and set or placed for collection as specified in Subsection E.

G. 

On Ridge Road, no person shall set or place any garbage, ashes, refuse or other material on the curbline for collection from any house, apartment or residence units or businesses, or any other location, earlier than 9:00 a.m. the day of collection, nor allow any empty containers to remain on the curbline, as herein provided, after 1:00 p.m. of the day of collection, and containers must be stored in such a manner as to not create a nuisance or annoyance to adjacent neighbors.

[Amended 10-2-2001 by Ord. No. 1820]

A. 

All vehicles for garbage collection shall be of the closed, compacting type and shall be constructed and loaded in such fashion that no part of the contents shall fall, leak or spill therefrom.

B. 

Vehicles operated under a refuse permit must be properly covered to prevent the scattering or spilling of rubbish either on private or public property.

C. 

Any licensee who shall spill or scatter any refuse collected on either public or private property shall immediately collect such refuse for disposal.

D. 

All licensees shall comply with state laws, the ordinances of the Borough and the rules, regulations and orders of the local and state Boards of Health.

E. 

Collections at residences, apartment or residence units or businesses, or any other location, shall be in accordance with the schedule promulgated by the Mayor and Council.

[Added 5-14-1980 by Ord. No. 15-75-80]

The provisions of this chapter and all the rules and regulations promulgated pursuant hereto shall be enforced by the members of the New Jersey State Police Department, Bergen County Police Department, North Arlington Police Department, Health Officer and any employee of the North Arlington Board of Health. Said persons shall have such duties and powers as shall be prescribed by the Board of Health

Editor's Note: See Ch. 433, Sanitation Standards, Article I.
of the Borough of North Arlington and shall have power to issue summonses for any violation of any section of this chapter and other violations of rules and regulations promulgated hereto.

A. 

Any person violating any provision of this chapter shall be subject to a fine not less than $5 nor more than $500. However, where the penalty for such offense is limited by the state statute, then such limitations shall be applicable notwithstanding the provisions of this chapter.

B. 

Any person found disposing of garbage, as herein defined, or disposing of building materials in areas within the Borough of North Arlington not designated as or approved as sanitary landfill areas and not having a permit issued by the Health Department shall be subject to a fine of not less than $5 nor more than $50 on first offense and a fine of not less than $5 nor more than $500 upon the second offense or any future offense.