[Adopted 12-31-1975 as § 4-9
of the 1975 Code]
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:
The residue of any materials used as fuel for heating or
cooking purposes after combustion has taken place.
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]
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]
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]
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]
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.
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]
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]
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]
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.
Those readily combustible materials, such as paper and materials
of a similar nature.
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.
[1]
Editor's Note: Former § 358-4, Equipment
and provisions for collection, was repealed 8-2-2004 by Ord. No. 1467.
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.
