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Borough of Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough of Rutherford Council 4-19-1921 by Ord. No. 945, effective 4-20-1921; amended in its entirety 10-4-1988 by Ord. No. 2517-88. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Clean environment — See Ch. 21.
Commercial property maintenance — See Ch. 21A.
Littering — See Ch. 53.
Deposit and removal of materials — See Ch. 56.
Recycling — See Ch. 82A.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
AUTOMATED CART
A thirty-two-, sixty-five-, or ninety-five-gallon container used for the removal of garbage, refuse, rubbish and permitted construction waste by the Department of Public Works which is emptied by the use of an automated sanitation truck.
[Added 11-23-2015 by Ord. No. 3380-15]
CLEAN FILL
An uncontaminated non-water-soluble, nondecomposable, inert solid, such as rock, soil, gravel concrete, glass and/or clay or ceramic products.
[Added 2-19-1991 by Ord. No. 2595-91]
CONSTRUCTION WASTE
Waste building materials and refuse resulting from construction, remodeling and repair operations on houses, commercial buildings, pavements and other structures.
[Added 2-19-1991 by Ord. No. 2595-91]
DEMOLITION WASTE
Waste generated from the razing of buildings, factories and other man-made structures, including streets, roads and fences.
[Added 2-19-1991 by Ord. No. 2595-91]
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps or vestibule belonging or pertinent to such dwelling, house, building or other structure.
PUBLIC PLACE
Any or all streets, sidewalks, boulevards, alleys or other public ways in any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid waste (except bodily waste), including garbage, ashes, street cleanings, nonrecyclable household waste and similar materials normally deposited for municipal garbage collection.
RUBBISH
Nonputrescible solid waste (commonly known as "heavy trash") consisting of both combustible and noncombustible wastes, such as appliances, furniture, wood, shingles, glass, bedding and similar materials normally deposited for municipal heavy trash collection.
[Amended 2-19-1991 by Ord. No. 2595-91; 11-23-2015 by Ord. No. 3380-15]
A. 
It shall be the duty of the owner(s) or occupant(s) of every such premises to utilize the Borough-issued plastic containers provided by the Department of Public Works for the removal of garbage, refuse, rubbish and construction waste permitted by the Department of Public Works and to remove the Borough-issued containers from the front of every such premises in accordance with § 40-4B.
[Amended 2-27-2018 by Ord. No. 3450-18]
B. 
Any owner(s) or occupant(s) shall be permitted the use of an additional thirty-two-, sixty-five- or ninety-five-gallon automated cart upon presentation of the nonrefundable one-time fee in the amount of $100 (payable to the Borough of Rutherford) and upon executing an automated cart usage agreement. Any additional carts provided under this section shall remain the property of the Borough of Rutherford and shall remain at the location referenced on the receipt for same regardless of change of residence or occupancy. The automated cart usage agreement form and additional carts shall be available at the Department of Public Works garage. All fees collected for additional automated carts shall be collected by the Department of Public Works.
[Amended 2-19-1991 by Ord. No. 2595-91]
All garbage, refuse, rubbish and permitted construction waste within the Borough of Rutherford shall be removed, as hereinafter provided, at the general expense of the borough, except material of any type generated by private contractors arising from building operations or from the altering, changing, replacing, remodeling or tearing down of buildings, structures or machinery of any kind.
[Amended 2-19-1991 by Ord. No. 2595-91]
A. 
The borough shall annually establish a schedule for the separate collection dates of garbage and refuse and permitted rubbish and permitted construction waste.
B. 
Garbage and refuse shall be placed in proper Borough-issued automated carts and left at curbside after 6:00 p.m. on the day preceding the collection of garbage and refuse in residential zones and on the day of collection in residential components of business and commercial zones. The Borough-issued auto carts left at curbside for collection in residential zones and residential components of business and commercial zones must be removed within 24 hours after collection.
[Amended 11-23-2015 by Ord. No. 3380-15; 2-27-2018 by Ord. No. 3450-18]
C. 
Rubbish (heavy trash) and permitted construction waste generated solely by the owner or owners or occupant or occupants of a premises shall be placed at curbside for collection in accordance with the following requirements and restrictions and after scheduling a pickup time with the Department of Public Works:
[Amended 5-3-1994 by Ord. No. 2705-94; 11-23-2015 by Ord. No. 3380-15]
(1) 
Any material placed in containers, boxes or cartons shall not exceed 50 pounds, except bulky fabricated materials such as furniture, bedding and appliances.
(2) 
Any loose vegetative material, such as brush, tree branches or other items, shall be cut in lengths not exceeding four feet and securely bundled or tied. No bundle shall exceed 50 pounds.
(3) 
All nails, screws and other sharp objects which could result in injury shall be removed or flattened.
(4) 
Nonrecyclable broken glass shall be placed in rigid containers or boxes.
(5) 
No residential premises shall be permitted to place for collection on any single prescheduled heavy trash collection date more than eight containers, boxes, cartons, bulky fabricated materials or bundles, including any containers, boxes, cartons, bulky fabricated materials or bundles of construction waste generated solely by the owner(s) or occupant(s).
(6) 
Appliances or other rubbish containing refrigerants, including but not limited to chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), as defined in Section 608 of the Clean Air Act and 40 CFR 82, shall be placed at curbside for collection after scheduling a pickup with the Department of Public Works.
D. 
No clean fill, demolition waste or automotive parts accumulating on any residential or business premises shall be removed by the Borough of Rutherford, and it shall be the duty of the owner or owners or occupant or occupants to effect the removal of such material so as not to be in violation of this chapter or any other applicable chapter of the Borough Code.
E. 
Business and commercial properties collection.[1]
[Added 2-27-2018 by Ord. No. 3450-18]
(1) 
Collection of garbage and refuse is not performed by the Borough of Rutherford.
(2) 
Business and commercial garbage and refuse collection is prohibited prior to 7:00 a.m. and shall take place no later than 7:00 p.m.
(3) 
Commercial establishments shall not place their waste material at the public curb for removal by their private waste hauler until after 6:00 p.m. the day prior to pickup.
[1]
Editor's Note: Former Subsection E, regarding the use of an overnight truck, was repealed 11-23-2015 by Ord. No. 3380-15.
F. 
Due to the fact that transfer stations are closed on New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, garbage and refuse generated by business and commercial properties shall not be placed at curbside the night before said holidays. Garbage and refuse may be placed at the curbside on the day of the holiday if a commercial hauler is scheduled to come the following day, or on the scheduled private hauler collection date in accordance with § 40-4E(2).
[Added 2-27-2018 by Ord. No. 3450-18]
[Added 5-3-1994 by Ord. No. 2705-94[1]]
The Superintendent of Public Works or his duly authorized designees are hereby designated and authorized as the enforcement officers of this chapter. They are hereby authorized and directed to establish reasonable regulations providing for a pre-notification and warning for the improper disposal of materials, including the noncollection of materials. Any such regulations shall be first approved by the Borough Clerk.
[1]
Editor's Note: This ordinance also renumbered former §§ 40-5 through 40-7 as §§ 40-6 through 40-8, respectively.
[Amended 2-19-1991 by Ord. No. 2595-91]
Garbage, refuse, rubbish and permitted construction waste shall be removed under the supervision of the Department of Public Works, subject to the direction of the Mayor and Council, and no such material shall be removed unless full compliance has been made with the provisions of this chapter.
[Amended 11-1-1988 by Ord. No. 2519-88; 3-27-2012 by Ord. No. 3253-12; 3-13-2018 by Ord. No. 3453-18]
Any owner or owners or occupant or occupants of every such premises or association of persons or corporations violating any of the provisions of this chapter shall be subject to penalties on the following schedule:
A. 
Commercial garbage haulers:
(1) 
First offense: $100.
(2) 
Second offense: $250.
(3) 
Third offense: $1,000 and mandatory court appearance.
B. 
Residents:
(1) 
First offense: $25.
(2) 
Second offense: $50.
(3) 
Third offense: $100 and mandatory court appearance.
This chapter shall take effect immediately upon passage and publication according to law.