[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.]
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
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]
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]
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]
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]
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Any or all streets, sidewalks, boulevards, alleys or other
public ways in any and all public parks, squares, spaces, grounds
and buildings.
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.
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.Â
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.Â
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 $200
(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 2-28-2023 by Ord. No. 3636-23]
[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.Â
The borough shall annually establish a schedule for
the separate collection dates of garbage and refuse and permitted
rubbish and permitted construction waste.
B.Â
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.Â
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)Â
Any material placed in containers, boxes or cartons
shall not exceed 50 pounds, except bulky fabricated materials such
as furniture, bedding and appliances.
(2)Â
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)Â
All nails, screws and other sharp objects which could
result in injury shall be removed or flattened.
(4)Â
Nonrecyclable broken glass shall be placed in rigid
containers or boxes.
(5)Â
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)Â
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.Â
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.Â
Business and commercial properties collection.[1]
[Added 2-27-2018 by Ord.
No. 3450-18]
(1)Â
Collection of garbage and refuse is not performed by the Borough
of Rutherford.
(2)Â
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)Â
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.Â
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.
[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:
This chapter shall take effect immediately upon
passage and publication according to law.
