[HISTORY: Adopted by the Bloomfield Board of Health 12-1-1976 as Ch. 14 of the 1976 Revised Ordinances (Ch. 340 of the 1987 Code); amended in its entirety 5-18-2017 by BOH Ord. No. 003-2017. Subsequent amendments noted where applicable.]
As used in this chapter, the terms "motor vehicle," "omnibus," "road tractor," "trailer," "truck," "truck tractor" and "vehicle" shall have the meanings stated and as defined in N.J.S.A. 39:1-1 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor and vehicle which:
- (1) Is parked without the current year's registration or identification markers as required by law.
- (2) Has been continuously parked in any of the places mentioned in this chapter for a period of 48 hours.
- (3) Is so disabled as to constitute an obstruction to traffic, and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it will not obstruct traffic.
- (4) Is found to be mechanically inoperative.
- (5) Is found without one or more tires.
- BULK WASTE/ITEMS
- Large residential waste, Type 13 DEP designation, and includes white metals but excludes construction debris.
- COMMERCIAL WASTE
- Any waste Type 10 DEP designation, as defined by N.J.A.C. 7:26-2.13, generated by wholesale, retail, or service establishments.
- CONTAINER(S) PLACEMENT AND COLLECTION
- The time allowed to place and remove suitable receptacles and the time of collection.
- An arrangement for the provision of services on a regular basis. A contract does not have to be in writing unless state law requires it to be in writing.
- Any housing in which three or more units of dwelling space are occupied or are intended to be occupied by three or more persons who live independently of one another.
- NUMBER OF RECEPTACLES
- Each residential or commercial establishment shall be responsible for providing a sufficient number of suitable receptacles to contain all waste that accumulates between collections.
- PAYABLE FINE
- A fine imposed for the violations noted, paid directly to the court. A court appearance is not required, unless a plea of not guilty is entered.
- PROOF OF COLLECTION SERVICE
- A written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within the Township of Bloomfield.
- Waste composed of or comprising some portion of animal, vegetable or other organic matter that is capable of decay or decomposition during storage or awaiting collection, such as food or food products or animal waste, that will create offensive odors or liquids and be food for vermin or otherwise create a nuisance if not properly stored.
- Nonputrescible solid waste.
- REGULAR SOLID WASTE COLLECTION SERVICE
- The scheduled pickup and removal of solid waste, from residential, commercial or institutional premises located within the boundaries of the Township of Bloomfield, at least once a week.
- REGULAR SOLID WASTE GENERATOR
- Any property owner, tenant or occupant of any single-family residential dwelling or multiple dwelling, or the owner of any commercial or institutional building or structure located within the boundaries of the Township of Bloomfield, who generates solid waste at those premises.
- SOLID WASTE
- Garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials.
- SOLID WASTE COLLECTION
- Any activity related to the pickup and transportation of solid waste from its source or location to a solid waste facility or other destination.
- SOLID WASTE CONTAINER
- A receptacle, container or bag suitable for the depositing of solid waste.
- SOLID WASTE FACILITIES
- Includes the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of this or any other act, including transfer stations, incinerators, resource-recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
- SUITABLE RECEPTACLES/DISPOSAL METHOD
- Suitable receptacles for household garbage, food waste, organic and putrescible solid waste collection shall mean solidly constructed receptacles made of metal or rigid plastic, in a watertight container with tight-fitting lids, handles, with a capacity of no more than 35 gallons or 50 pounds. Plastic bags with a maximum capacity of 30 gallons and a thickness sufficient to prevent tearing or ripping so as to prevent spillage or leakage of contents and weighing not more than 50 pounds when placed for collection are suitable for paper and refuse. Paper or plastic shopping bags and cardboard boxes are not suitable receptacles for garbage. All containers must be tightly covered, tied or sealed to prevent spillage or leakage and the intrusion of rainwater and animals.
- SUITABLE RECEPTACLES/DISPOSAL METHOD FOR VEGETATIVE WASTE (i.e., limbs, branches, loose wood, brush, etc.)
- Shall be cut and tied in lengths not exceeding three feet in length and not to exceed 25 pounds.
- SUITABLE RECEPTACLES/DISPOSAL METHOD FOR YARD WASTE
- Must be placed in biodegradable bags only.
- VEGETATIVE GROWTH/WASTE
- Tree limbs, branches, loose wood, large brush, and any other similar organic material generated from the property.
- YARD GROWTH/WASTE
- Leaves, grass, clippings, small brush and lawn rakings, compost, and any other similar yard waste generated from the property.
Storage of receptacles between collections.
Household waste must be stored in a suitable receptacle. All garbage, refuse, bulky waste, white metal or trees and vegetative waste must be stored in a manner that does not create a nuisance, free from offensive odors and accumulation.
No garbage, refuse, bulky waste, white metal, or trees and vegetative waste awaiting collection may be stored between the front or side building setback lines and the curb on noncollection days.
Suitable receptacles are required for each type of solid waste.
Days and hours for collection.
No garbage, refuse or rubbish shall be collected by any person lawfully providing solid waste collection services within the Township of Bloomfield on a Township-maintained street prior to 6:30 a.m. and no later than 6:30 p.m.
No garbage, refuse or rubbish shall be collected by any person lawfully providing solid waste collection services within the Township of Bloomfield on a county-maintained street prior to 6:30 a.m. and no later than 6:30 p.m.
Deposit into waters.
No person shall place or permit to be placed or discharged or permit to be discharged or cast or deposit or cause or suffer to be deposited into any of the brooks or rivers within the limits of the Township or into any tributary thereof, which brooks or rivers empty into the Passaic River, any sewage or waste matter, article or substance, liquid or solid, of any kind, which creates odors or gases or fumes, due to the putrefaction of organic matter, or the presence of chemicals or which discolors the waters of the brooks or rivers or their tributaries or results in the presence of oil or grease on the surface of the waters of the brooks or rivers or any of their tributaries or which reduces the dissolved oxygen content thereof to such an extent as to interfere with major fish life in the waters.
It shall be unlawful for any person to dump, deposit or place or caused to be dumped, deposited or placed any rubbish, refuse or other material in any brook, stream or watercourse or the bed thereof in the Township that may, in any manner, hinder or obstruct the free flow of water in such watercourse.
Deposit on public or private property.
No person shall place any refuse or waste material, cause to be placed or throw or permit to be thrown any refuse, waste material or wastepaper or discard any article in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Township, nor shall any person throw or deposit any refuse in any stream or any other body of water, nor shall any person cause, place, sweep or deposit, anywhere within the Township, any refuse or discard any item, article, thing or material of any kind or nature whatsoever in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, park or parkway or other public place or onto any occupied premises privately or publicly owned.
It shall be unlawful for any person to deposit refuse, rubbish or waste matter or material of any kind upon any field, vacant lot or building plot in the Township.
Deposits into public litter baskets.
Commercial, institutional and multifamily sources.
Any commercial, institutional or multifamily source unable to comply with suitable receptacles of this chapter may place refuse out for collection in plastic bags, with a capacity of no more than 30 gallons or weight of not more than 50 pounds putrescible garbage; plastic bags must be of a thickness sufficient to prevent tearing or ripping and sealed to prevent spillage or leakage of contents while awaiting collection.
The cleanup of any spillage or leakage from said plastic bags shall be the responsibility of the building owner and/or business owner. Any spillage or leakage must be cleaned up within two hours of collection.
Private haulers collecting from the curbside shall collect on the same day municipal collection occurs in the area affected.
The owners or occupants of stores or other places of business shall keep the sidewalks and street curbs in front of their respective premises in a clean and orderly condition.
In order to properly maintain a clean and orderly condition as hereinabove set forth, it shall be the duty of the owners or occupants to broom-clean the sidewalks and street curbs within 30 minutes after the opening of the premises for business, and upon closing of business as needed to comply with Subsection G(3)(a) above.
Placement of receptacles for collection; days and hours for collection.
No solid waste receptacle or bulky wastes shall be placed at the curb, on the sidewalk or on any public right-of-way prior to 5:00 p.m. on the day preceding the scheduled collection day.
No receptacle shall be permitted to remain at the curb longer than two hours in any commercial or business area after its collection.
No residential receptacle shall be permitted to remain at the curb longer than 24 hours after being set out for collection.
Bulk waste items too large to be contained in a receptacle must be broken or reduced in volume and tied or bundled so that the greatest dimension is not more than three feet, except that furniture will be accepted without being broken or bundled.
No item or bundle shall weigh more than 50 pounds.
The Director of Public Works reserves the right to reject any bulky items offered for collection if its disposal is prohibited at the facility designated by the county for use by the Township.
Recycling must be put out for collection on the appropriate weekly pickup (comingled vs mixed paper).
Hedges/obstruction of vision:
The owner of lands lying within the Township shall keep all brush, hedges and other plant life growing upon his property within 10 feet of any street and within 25 feet of the intersection of two streets cut to a height of not more than 2 1/2 feet where the Township Council shall deem it necessary and expedient for the preservation of the public safety.
The owner of lands lying within the Township shall keep all brush, hedges and other plant life growing upon his property from obstructing any passage or public sidewalk.
Landscaping. The landscaping of premises shall be maintained in an orderly state, with lawns and bushes trimmed and free from litter, including brush and leaves. Open areas shall be graded to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.
Insects/rodents. Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place including the presence of burrows.
The growth, existence or presence of poison ivy, poison oak or poison sumac on any property.
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
It shall be unlawful for any person to abandon a motor vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle on any public street or highway of the Township; on any municipally owned or operated parking lot; on any property which is owned, leased or maintained by the Township; on any property which is owned, leased or maintained by the Board of Education of the Township; or on any property which is owned, leased or maintained by the Board of Recreation Commissioners of the Township.
In any case where the Health Officer or designee(s) shall determine that it is necessary and expedient for the preservation of the public health, safety and general welfare, or to eliminate a fire hazard, this section requires that the Health Officer or designee(s) is to order the immediate removal of any brush, grass, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, bulk waste/items, trash and/or debris from any land in the Township. In the event the Health Officer, or designee(s), determines that items above do not pose an immediate risk to public safety, a violation notice will be issued for items above for which the owner or tenant or person, firm, corporation and/or entity of such land shall comply within the time given in the violation notice not exceeding 10 days when issued.
When more than three bulk/waste items are deposited at curbside or in public view (line of sight) from either of the front side lines of the property creating a visible blight (nuisance) a violation notice shall be issued to the owner or tenant or person, firm, corporation and/or entity of such land shall comply within the time given, not exceeding 24 hours.
In the event that the owner or tenant shall have refused or neglected to comply with the notice as provided in the preceding section within the time specified, the Health Officer, or designee(s), shall, pursuant to N.J.S.A. 40:48-2.13 and 40:48-2.14, remove from such lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris that may be thereon, and such officer shall certify the cost thereof to the Township Council of Bloomfield, which shall examine the certificate and, if found correct, shall cause the cost shown thereon to be charged against the property. The amount so charged shall forthwith become a lien on such land and shall be added to and become part of the taxes next to be assessed and levied against such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
In no event shall the assessment of costs against the owner or tenant of such lands relieve such owner or tenant of penalties as provided for upon conviction for failure to obey the notice as required by this and the preceding section.
The following municipal ordinances are adopted by reference:
Anyone found in violation of any provision of this chapter shall be subject to the penalty provisions of this chapter of the Bloomfield Board of Health ordinances.
Any person, firm or corporation and/or entity violating this Board of Health chapter shall be punished by a payable fine of not less than $75 for each first offense; not less than a payable fine of $250 for each second offense; and not less than a payable fine of $500 for a third offense.
Any subsequent offense(s) within a twelve-month timeframe shall require a mandatory court appearance and a minimum fine of $1,000 or imprisonment in the county jail for a period not exceeding 90 days, or both such fine and imprisonment, or be subject to a civil penalty, not to exceed $500, which penalty shall be enforced or collected through any court of competent jurisdiction in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Each violation of any of the provisions of this chapter and each day or part thereof the same is violated shall be deemed and taken to be a separate and distinct offense.
When a violation is found to meet § 658-4B then the fines are as follows: First truck load of bulk waste/items removed by the Township: $500; second truck load: $1,000; and third truck load not to exceed $5,000.
Fines assessed under this article shall be recoverable from the owner and shall be a lien on the property.