[HISTORY: Adopted by the Borough of Rutherford Council 10-17-1989 by Ord. No. 2558-89. Amendments noted where applicable.]
Commercial property maintenance — See Ch. 21A.
Garbage, rubbish and refuse — See Ch. 40.
Littering — See Ch. 53.
Deposit and removal of materials — See Ch. 56.
Municipal property and grounds — See Ch. 61.
Nuisance Code — See Ch. 64.
Property Maintenance Code — See Ch. 78.
Recycling — See Ch. 82A.
Trees and shrubbery — See Ch. 120.
Abandoned or junked vehicles — See Ch. 125.
Vehicles and traffic — See Ch. 126.
This chapter is enacted pursuant to N.J.S.A. 13:1E-92 et seq., the Clean Communities Act of the State of New Jersey.
For the purpose of this chapter, certain words and terms herein are defined as follows:
- CLEAN FILL
- An uncontaminated non-water-soluble, nondecomposable, inert solid, such as rock, soil, gravel, concrete, glass and/or clay or ceramic products.
- CONSTRUCTION WASTE
- Waste building materials and refuse resulting from construction, remodeling and repair operations on houses, commercial buildings, pavements and other structures.
- DEMOLITION WASTE
- Waste generated from the razing of buildings, factories and other man-made structures, including streets, roads and fences.
- LEAF COMPOSTING FACILITIES
- A solid waste facility which is designed and operated for the purpose of composting leaves, either exclusively or in combination with other type ID 23 wastes, as identified in N.J.A.C. 7:26-2.13.
- Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
- OPEN DUMP
- A land site at which solid waste is disposed of in a manner which does not protect the environment, is susceptible to open burning or is exposed to the elements, vectors and scavengers.
- SOLID WASTE
- Any garbage, refuse, sludge and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials, including liquids, except for liquids which are treated in public sewage treatment plants and except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
- An organism, including insects, other arthropods or rodents, that is capable of transmitting a pathogen from one organism to another.
This chapter provides for regulatory authority designed to promote a clean, litter-free environment for the citizens of the Borough of Rutherford.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property other than in a litter receptacle or waste container designed for the purpose of litter storage or disposal.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any solid waste, including but not limited to rubbish, refuse, junk, vehicles or vehicle parts, rubber tires, appliances, furniture, packaging materials, construction waste or demolition waste.
It shall be unlawful for any person to discard or dump on any property, public or private, any solid waste, including but not limited to rubbish, refuse, junk, vehicles or vehicle parts, rubber tires, appliances, furniture, packaging materials, construction waste or demolition wastes or any manner of solid waste, without the express consent of the property owner and then only in a litter receptacle or waste container designed for the express purpose of solid waste storage or disposal.
Open dumps are declared to be a nuisance, hazardous to human health, and are prohibited.
The land application of clean fill, provided that it is wholly uncontaminated by the presence of any other solid waste and further provided that it is applied by a property owner or with the express written consent of a property owner shall not be regulated by this section.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations islands; shopping centers; parking lots; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins, containers or litter receptacles on his or her property.
It shall be unlawful for any residential or commercial property owner to permit the presence of waste disposal bins, containers or litter receptacles in a manner which promotes or tends to promote the presence of any disease vector.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any street, road or highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any portion of the load has fallen or otherwise escaped, which could cause an obstruction to traffic, damage a vehicle or otherwise endanger travelers or damage property, shall immediately cause the public or private property or roadway to be cleaned and shall pay the costs therefor.
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and to cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisance of every kind and to keep sidewalks, areaways, front yards, back yards, courts and alleys free from litter and other solid waste.
[Amended 11-10-1998 by Ord. No. 2856-98]
It shall be unlawful for any person to place, to cause to be placed or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, lawn, building, borough shade tree, public facility, utility pole, fence or vehicle within the borough without the consent of the property owner. This provision shall not apply to emergency postings or notices by governmental agencies.
Any person responsible for the placement of any advertisement, handbill or unsolicited material any kind in or on such location within the borough shall, in addition to other penalties herein provided, be under obligation to remove the aforementioned materials and dispose of them in a litter receptacle or waste container designed for the purpose of solid waste storage or disposal.
Any person violating any provision of this chapter shall be subject to a fine of not less than $50 and not more than $500 per day, except as provided for in Subsection B of this section.
All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed as to such inconsistencies only.
This chapter shall take effect immediately upon passage and publication as required by law.