[Adopted 12-31-1975 as § 4-9 of the 1975 Code]
[Amended 2-10-1997 by Ord. No. 1175[1]; 8-2-2004 by Ord. No. 1467]
There shall be established a system for the collection, removal and disposal of ashes, refuse, rubbish, garbage and recyclable materials, which system shall be operated by the Mayor and Council of the Borough, either through the Department of Public Works or by an independent scavenger contract under the direction of the Mayor and Council of the Borough, and the cost shall be paid by general taxation. The Mayor and Council may establish and make reasonable rules and regulations with respect to the collection of ashes, refuse, rubbish, garbage and recyclable materials.
A. 
Collection services.
(1) 
The Borough shall collect all garbage, refuse and recyclable materials for single-family dwellings in accordance with this chapter.
(2) 
The Borough shall not collect garbage, refuse and recyclable materials from any commercial buildings or establishments unless they meet the Borough garbage collection specifications.
(3) 
In accordance with the provisions of N.J.S.A. 40:66-1 et seq., the Borough shall collect all garbage, refuse and recyclable materials for qualified private communities or provide for reimbursement therefor, in the discretion of the Borough.
(4) 
In accordance with the provisions of N.J.S.A. 40:66-1.2 et seq., the Borough shall collect all garbage, refuse and recyclable materials for multifamily dwellings or may provide for reimbursement therefor, in the discretion of the Borough.
B. 
Multifamily and commercial collection. Except as provided above, arrangement for collection of garbage, refuse and recyclable materials shall be made by the property owner/agent and/or tenants for regular collection by a licensed hauler or haulers. Trash containers will be periodically inspected by the Department of Public Works to insure that no recyclable materials are mixed in with garbage and trash. The proper ways to prepare recyclable materials from garbage shall be the responsibility of the private licensed hauler. It is the responsibility of the private owner and/or its agent to educate and enforce proper source separation of the recyclable materials from garbage if the property has tenants. If violations are identified from any properties, the Department of Public Works or any duly authorized agent of the Borough may issue a warning or summons.
[1]
Editor's Note: This ordinance also provided as follows: "Pending the expiration of the existing scavenger contract executed by the Borough of River Edge which contract is scheduled to expire on December 31, 1998, the Borough shall permit the collection of garbage of commercials in accordance with the policy previously established. Upon expiration of said contract, commercial entities shall be responsible for the collection of their garbage and recyclable materials in accordance with the provisions of this amendment and in accordance with the Borough Ordinance."
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue of any materials used as fuel for heating or cooking purposes after combustion has taken place.
COMMERCIAL
Any nonresidential buildings or establishment, including but not limited to those used for retail, wholesale, dining, offices, professional services, shipping and receiving areas and cafeterias.
[Added 2-10-1997 by Ord. No. 1175]
CONDOMINIUM
The form of real property ownership provided for under the “Condominium Act,” N.J.S.A. 46:8B-1 et seq.
[Added 8-2-2004 by Ord. No. 1467]
COOPERATIVE
A housing corporation or association wherein the holder of a share or membership interest in the corporation or association is entitled to possess and occupy, for dwelling purposes, a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing constructed for or by the corporation or association.
[Added 8-2-2004 by Ord. No. 1467]
FEE SIMPLE COMMUNITY
A private community which consists of individually owned lots or units and provides for common or shared elements or interests in real property.
[Added 8-2-2004 by Ord. No. 1467]
GARBAGE
Organic waste, such as meat, fat, bones, fish, fruit, vegetables and any other articles or materials which will decay or burn. It shall not include night soil or manure or spoiled or decayed vegetables, fruit or condemned foods from storage stores engaged in the sale of food products.
HORIZONTAL PROPERTY REGIME
The form of real property ownership provided for under the “Horizontal Property Act,” N.J.S.A. 46:8A-1 et seq.
[Added 8-2-2004 by Ord. No. 1467]
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures in which five or more dwelling units are rented or leased or offered for rental or lease for residential purposes, except hotels, motels or other guesthouses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the “Hotel and Multi Dwelling Law,” N.J.S.A. 55:13A-1.
[Added 2-10-1997 by Ord. No. 1175; amended 8-2-2004 by Ord. No. 1467]
QUALIFIED PRIVATE COMMUNITY
A residential condominium, cooperative, fee simple community, or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, home-owners’ association, or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community.
[Added 8-2-2004 by Ord. No. 1467]
REFUSE
Inorganic waste, such as sweepings, bottles, glass, crockery, tin cans and other food containers, oyster and clam shells and similar domestic refuse which will not burn.
RUBBISH
Those readily combustible materials, such as paper and materials of a similar nature.
SINGLE-FAMILY DWELLING
Any single-family home or any apartment building or housing complex containing less than four dwelling units, plus any housing complex consisting of four or more dwelling units in which the majority of such units are separately owned in fee or as condominiums. The ownership of 50% or more of the dwelling units in any such housing complex by a single individual, group of individuals or entity(s) shall disqualify such complex from being a single-family dwelling for purposes of this article. To the extent that the provisions of this article shall be in conflict with the Condominium Municipal Services Act, N.J.S.A. 40:67-23.2, the above statute shall be dispositive.
[Added 2-10-1997 by Ord. No. 1175]
The Mayor and Council of the Borough shall not remove garden rubbish, tree or hedge clippings, building materials or refuse of any kind resulting from building operations or repairs, nor shall trade waste of any kind be removed, except garbage, as defined above, from places of business.
A. 
The receptacles or containers for garbage shall be metallic or hard plastic watertight vessels fitted with proper covers, which vessels shall be not less than 10 inches nor more than 20 inches in diameter and not less than eight inches nor more than 36 inches in height. The receptacles or containers for ashes shall be no more than 26 inches in height and 20 inches in diameter and shall not be filled higher than three inches below top of the receptacle. Heavy-duty plastic bags are permitted for the holding of rubbish and garbage, provided that it is of sufficient strength and has been approved by the Department of Public Works. The plastic bags shall be tied and watertight. In no event shall any receptacle, container, vessel or bag contain more than 50 pounds of rubbish, refuse, garbage, leaves, grass, clippings, etc.
[Amended 11-26-1979 by Ord. No. 753]
B. 
All garbage, as defined in Article II, must be placed in separate receptacles or containers and shall not be mixed with ashes or refuse; and all rubbish must be placed in separate receptacles or containers and shall not be mixed with ashes or refuse; otherwise, the Department of Public Works or scavenger contractor may refuse to remove the same.
[Amended 11-26-1979 by Ord. No. 753]
[Amended 12-9-0005 by Ord. No. 1520]
The Mayor and Council of the Borough may establish, make and amend rules and regulations for the government of the employees or person engaged in the collection, removal and disposal of ashes, rubbish, garbage and recycling; they shall also fix the number and time and manner of collection thereof, not inconsistent with the provisions of this article. Nothing herein contained shall be construed to affect, alter, change or modify any rule, regulation or ordinance of the Board of Health.
A. 
No refuse, waste materials, rubbish or garbage of any kind or any recycling materials will be removed from the rear of any private building at the expense of the Mayor and Council of the Borough
[Amended 12-9-0005 by Ord. No. 1520]
B. 
Restrictions on materials collected. No garbage, refuse, rubbish and containers or receptacles for garbage, refuse or rubbish shall be placed or be permitted to remain forward of the building line of any premises and at the curb in the Borough for collection except between 5:00 p.m. of the day preceding the regular collection and 8:00 p.m. of collection day. At all other times the area forward of the building line and at the curb shall be clear of garbage, refuse, rubbish and containers or receptacles for garbage, refuse or rubbish.
[Amended 11-26-1973 by Ord. No. 753[1]]
[1]
Editor's Note: Former Section h, Permission to dump automobiles, which immediately followed this subsection, was deleted 12-16-1996 by Ord. No. 1172.
[Added 12-16-1996 by Ord. No. 1172]
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof.