[Adopted 3-14-2005 by Ord. No. 2873 (Ch.
208, Art. III, of the 1978 Code)]
An ordinance to establish requirements for the
proper handling of leaves in the Township of Nutley, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
For the purposes of this article, the following
terms, phrases, words, and their derivations shall have the meanings
stated herein unless their use, in the text of this article, clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future; words used in
the plural number include the singular number. The word "shall" is
always mandatory and not merely directory.
The placement of leaves in biodegradable paper bags with
a maximum weight of 50 pounds which can be composted together with
leaves, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Leaves generated from residential or commercial premises
located within the Township of Nutley which have been source separated
from solid waste, including but not limited to sticks, branches, grass
clippings, foreign material and construction material.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaf disposal shall take place at the curb of
any public roadway for collection by the Township of Nutley from October
15 through December 15 of each calendar year.
The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow, or
otherwise place leaves, unless the leaves are placed in biodegradable
bags as required herein, in the street. If leaves that are not containerized
are placed in the street, the party responsible for the placement
of the leaves must remove the leaves from the street or said party
shall be deemed in violation of this article.
The provisions of this article shall be enforced
by an authorized representative of the Department of Public Works
of the Township of Nutley or a member of the Township of Nutley Police
Department.
Any person who is found to be in violation of
the provisions of this article shall be subject to a fine not to exceed
$500.
