[Adopted 5-13-1958 by Ord. No. 58-14]
The collection, removal and disposal of garbage, rubbish and ashes shall include any and all waste matter in the Borough of Kenilworth, including all refuse that may be disposed of in Clean-Up Week but excepting manufacturing and industrial waste and ashes or cinders from buildings or from premises in which steam power is used for manufacturing purposes. If there should be any question as to what is intended to be collected and removed in the Borough, the Public Works Chairman shall be the judge of what was intended to be collected.
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
All kitchen refuse, animal or vegetable matter and offal, and all decaying and decomposing substances which may accumulate in the Borough, together with paper liners which may be used for sanitary purposes in containers.
RUBBISH and REFUSE
Includes all of the accumulations and waste substances from private houses and premises, boardinghouses, stores and all public places and shall include particularly such articles as ashes, paper cartons, wooden boxes, paper and paper materials, tin cans, rags, corn husks, grass, lawn and yard rakings, hedge and plant trimmings, discarded household receptacles and utensils, toys and such other household equipment as may be discarded from a private residence, and such articles and things as are daily discarded from a private residence, and such articles and objects as are daily thrown into wastebaskets and rubbish containers, but shall not include building materials nor the refuse from any new building nor the refuse from any old building which is torn down in whole or in part nor trade waste from manufacturing plants, trees, tree branches, tree stumps nor waste from excavations, broken concrete or dead animals. If there should be any question as to what is intended to be collected and removed in the Borough, the Public Works Chairperson shall be the judge of what was intended to be collected.
A. 
All wastepaper, excelsior, rags, clothes, bedding, paper cartons, wooden boxes, hedge and plant trimmings, discarded household receptacles and utensils, toys and all other such items which may be discarded from time to time but do not fall within the classification of garbage and rubbish which would be in the realm of materials that are discarded normally on every collection day shall be picked up on the last collection day of each month.
[Amended 9-14-1994 by Ord. No. 94-13]
B. 
All cardboard boxes, wooden boxes and like materials shall be broken, flattened and securely tied for convenient loading and to prevent papers and debris from being allowed to scatter onto the street or adjoining properties.
C. 
All hedge and plant trimmings shall be broken and securely tied for the same reasons.
D. 
All leaves shall be in containers, boxes, baskets or plastic bags easily handled for dumping or loading into or onto the garbage or collection trucks.
[Added 5-28-1968 by Ord. No. 68-13]
E. 
All branches shall be picked up on such days as the Mayor and Council shall by resolution designate. All branches shall be cut to or be in lengths no longer than five feet in length and shall be tied in bundles. All trunks of trees shall be in lengths between 18 inches and 20 inches. Lumber from minor home repairs will be picked up on such days as the Mayor and Council by resolution shall designate, but all such lumber shall be cut to four-foot lengths and tied in bundles.
[Added 5-28-1968 by Ord. No. 68-13]
F. 
No automobile or motor vehicle parts of any kind and no lumber from major construction or reconstruction or from demolition shall be collected, and no person shall place any such items in any place intending that they be collected as rubbish or refuse.
[Added 5-28-1968 by Ord. No. 68-13; amended 11-13-1990 by Ord. No. 90-14]
G. 
Grass, lawn and yard rakings shall be properly bagged and sealed so as to prevent the contents from spilling or leaking out when picked up. No person shall bag, permit or cause to be bagged with grass clippings any household garbage, household items, cans, bottles, construction materials or debris or any other item other than grass clippings, lawn and yard rakings.
[Added 9-14-1994 by Ord. No. 94-13]
[Amended 6-26-1990 by Ord. No. 90-6]
A. 
Collections made from manufacturing plants, stores, business operations and all locations not used as a residence shall be limited to the collecting of garbage and debris that would be expected to be found in the usual offices and rest rooms of manufacturing plants, stores, business operations and all locations not used as a residence. It shall not include any garbage or waste from the manufacture, processing or other commercially generated refuse. Commercially generated refuse includes but is not limited to decayed vegetables, fruits, foodstuffs, boxes and containers.
B. 
(Reserved)
C. 
(Reserved)
[Amended 4-13-1965 by Ord. No. 65-9; 5-14-1968 by Ord. No. 68-6]
The collection schedule which shall be adhered to in the collection of garbage and ashes in the Borough of Kenilworth shall be fixed and revised from time to time by resolution of the governing body.
[Amended 5-26-2021 by Ord. No. 2021-04]
All garbage, as defined, shall be deposited by the owner in a standard suitable container or bundle curbside. "Suitable container" is defined to be a metal, rubber or plastic receptacle with a tight-fitting cover, so constructed as to prevent spilling or leaking of its contents. Each receptacle for use in a single residence shall have a capacity of not less than 20 gallons nor more than 30 gallons and be equipped with a pull handle or handles. Plastic bags of any capacity and grade may not be used for the disposal of wet garbage. The total weight of any container shall not exceed 75 pounds.
[Amended 5-28-1968 by Ord. No. 68-13; 11-13-1990 by Ord. No. 90-16; 4-28-1992 by Ord. No. 92-7]
A. 
Collections shall start no earlier than 4:30 a.m. and shall be completed no later than 5:00 p.m., and householders and other persons, firms and corporations shall place their garbage receptacles no more than 10 feet from the curb. The placing of garbage, cleanup or recyclables at the curbside at any residence or buildings in the Borough shall not take place prior to 5:00 p.m. on the night before the regularly scheduled pickup. All receptacles shall thereafter be removed from the curb no later than 7:30 p.m. on the day of collection.
[Amended 9-12-2018 by Ord. No. 2018-14; 5-26-2021 by Ord. No. 2021-04]
B. 
It shall be the responsibility of the landlord, owner or person in charge of any residence or building to inform tenants of garbage, cleanup and recycling requirements of the Borough as set forth herein. Failure to comply with any of these requirements will be the responsibility of said landlord, owner or person otherwise in charge of the residence or building.
[Amended 11-13-1990 by Ord. No. 90-15]
No collections will be made in the Borough of Kenilworth on New Year's Day, Martin Luther King's birthday, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas. Collections will be made the next regularly scheduled collection day.
[1]
Editor's Note: Former § 106-9, Permit required; restrictions, added 5-28-1968 by Ord. No. 68-13, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation who or which shall violate any of the foregoing provisions of this article shall, upon conviction thereof, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code, for each offense.
[Added 10-9-1984 by Ord. No. 84-22]
A. 
No person or business shall place or permit to be placed garbage, trash, household items or refuse of any kind from outside of the Borough of Kenilworth on any Borough property or any other area within the Borough intending that it shall be collected or received in any manner by the Department of Public Works.
B. 
Each item so placed shall be deemed a separate violation of this section.
C. 
A fine of not less than $250 nor more than $500 shall be imposed for each such violation.[1]
[1]
Editor's Note: Former Subsection D, which immediately followed this subsection and which dealt with designation of the enforcing agent, was repealed 9-14-1994 by Ord. No. 94-13. See now § 106-10.2.
[Added 9-14-1994 by Ord. No. 94-13]
The Police Department, Board of Health and the Superintendent of the Department of Public Works are hereby designated as the enforcing agents pursuant to this article. Any summons issued pursuant to this article shall issue in the name of the Borough of Kenilworth and be prosecuted in the Municipal Court.