[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 6-1-1970 by Ord. No. 454. Amendments noted where
applicable.]
It shall be unlawful for any person, persons, firm or corporation
to gather, collect, remove or in any way interfere with ashes, garbage,
refuse or other refuse matter from any dwelling house, tenement, store,
or other building or place or to engage in the business or occupation
of gathering, collecting or removing ashes, garbage, refuse or other
refuse matter within the Borough of Ho-Ho-Kus, or use the streets
of the Borough of Ho-Ho-Kus for the purpose of transporting same,
without first procuring or having procured a license therefor from
the Board of Health of said Borough; provided, however, that nothing
herein contained shall prevent any property owner from gathering,
collecting or removing ashes, garbage, refuse or other refuse matter
from his own property, or himself using the streets of the Borough
for the purpose of transporting such from his own property. But no
such ashes, refuse, garbage or other refuse matter is to be dumped
or deposited within the confines of the Borough of Ho-Ho-Kus.
For the purpose of interpreting the requirements and provisions
of this chapter, the following definitions shall apply:
Intended to include the residue of any material used as fuel
for heating or cooking purposes after combustion has taken place,
broken or discarded crockery, glassware, rags, household utensils,
house sweepings, bottles, tin cans, plastic containers, paper cartons,
newspapers and similar materials, but not building materials or fixtures,
trees, grass clippings, leaves, earth, stones or industrial waste.
Intended to include the refuse of animal and vegetable matter
which has been used as food and all other household waste matter,
exclusive of ashes and refuse as herein defined.
Any person, persons, firm or corporation authorized by the Board
of Health to furnish scavenger service to any resident or building
in the Borough of Ho-Ho-Kus shall pay the nominal license fee of $300
to the Board of Health which, upon granting of the license, shall
immediately forward the license fee to the Clerk of the Borough of
Ho-Ho-Kus for the use of the Borough.
The initial licenses granted under this chapter shall expire
on December 31, 1972, and all licenses granted thereafter shall be
for a period of two years, commencing January 1 and expiring December
31 of the second year.
A.
Every applicant for a scavenger license shall submit an application
in writing to the Board of Health, together with the license fee of
$300, which shall be returned in the event said license is denied.
B.
The applicant shall further submit with his application satisfactory
proof of the following:
(1)
An itemized list of all machinery and equipment owned by the applicant,
setting forth the make and year of the various pieces of equipment.
(2)
The number of persons in the employ of the applicant and a certification
that a minimum of two men will be assigned to each truck working in
the Borough of Ho-Ho-Kus.
(3)
The applicant has a place for the disposal of the ashes, refuse,
garbage, rubbish and other collected materials, which disposal site
is assured for the period of the license.
(4)
The said place for disposal of ashes, refuse, garbage, rubbish and
other collected materials is located outside the limits of the Borough
of Ho-Ho-Kus, and the governing body of the municipality in which
said site for disposal is located has established either a dump or
a suitable incinerator by ordinance, and the applicant shall submit
a duly authenticated copy of such ordinance.
(5)
He has been granted a permit or written permission to use the disposal
site by the Board of Health or other duly constituted authority of
the municipality wherein said disposal site is located.
(6)
He has been actively engaged for at least six months in scavenger
service substantially similar to the service required in the Borough
of Ho-Ho-Kus.
C.
The applicant shall furnish proof of his financial ability to carry
on a proper scavenger service, as required by this chapter, for the
entire term of the license requested.
D.
The applicant shall further furnish to the said Board of Health a
detailed statement of the services to be rendered, together with a
schedule of fees to be charged by him for the period of the license,
and, once approved, said schedule of fees may not be altered or changed
except by a resolution of the Board of Health approving the requested
change.
The Board of Health shall act upon every application within
30 days after the same has been filed with it, and, in the event said
application is denied, then, upon request of the applicant, the Board
of Health shall conduct a hearing within 30 days of said request,
at which time the applicant may present any additional proof in support
of his application. The applicant shall be notified of the decision
of the Board of Health upon his application within 15 days after said
hearing has been conducted.
A.
Each licensee shall collect and transport all ashes, rubbish, garbage,
refuse and other collected material by such means and in such a manner
that none of such material, solid or liquid, shall escape and drop
upon the ground, and all reasonably avoidable noise incident to the
collection and transportation of such material shall be prevented.
B.
All vehicles furnished and used shall be subject to the approval
at all times of the Sanitarian and/or Borough Engineer and must be
maintained in good working order and in a clean and sanitary condition.
C.
Each licensee shall furnish a sufficient number of trucks of ample
power and capacity to carry out the particular collection service
undertaken by him and shall always have at least one spare vehicle
available to make the collection in case of a breakdown.
D.
Trucks must be special body-packer types designed specially for the
collection of garbage.
E.
Any collected material which drops from collection containers or
from trucks, either during loading or transporting, must be gathered
and cleaned up immediately.
F.
The name and address of every employee of a licensee who shall be
working in the Borough of Ho-Ho-Kus shall be registered with the Board
of Health.
G.
Garbage collections shall be provided six days per week, regardless
of holidays, commencing not earlier than 6:00 a.m. and terminating
not later than 8:00 p.m., but there shall be no collections on Sundays
without the express permission of the Board of Health.
H.
Every licensee shall be required to notify all persons desiring scavenger
service of the days upon which such collections shall be made and
shall deliver to each household, place of business or other building
having materials to be collected a printed card defining the collection
days as well as the rules and regulations governing said collections.
I.
All ashes, refuse, garbage and refuse materials defined herein which
a licensee undertakes to collect shall be collected with all reasonable
speed and efficiency and shall be transported and disposed of by the
licensees, and all matter so collected shall be transported to the
place of disposal in the same vehicle or vehicles on which collected
and on the same day as collected, and no part of the collected contents
of one vehicle shall be transferred to another vehicle within the
limits of the Borough, unless a truck in operation becomes disabled
and nonoperable; then such transfer may be made as an emergency, except
that, in certain locations of the Borough designated by the Board
of Health, a pickup truck approved by the Board of Health may be used
to collect ashes, garbage, refuse or other refuse materials and transferred
to a regular packer truck for transportation to the disposal site.
J.
Licensees shall not place receptacles containing collected material
along the curb awaiting arrival of the trucks. The collected material
must be carried directly from the premises where collected to the
truck and dumped into the truck, and the empty receptacles shall be
immediately returned to their proper places.
K.
Each licensee shall maintain an office with local telephone connections
and keep said office open and in charge of a competent person in attendance
daily, except Sundays and holidays, from 8:00 a.m. until 5:00 p.m.,
and on Saturdays from 8:00 a.m. until 12:00 noon, to receive and transmit
to operators of the scavenger service any complaints from persons
concerned and notices and directions from the Sanitarian or other
duly designated employee of the Board of Health and to see that such
complaint, notices or directions receive prompt and proper attention.
L.
The license number of all trucks used by a licensee in the Borough
of Ho-Ho-Kus shall be registered with the Board of Health.
M.
Every truck of a licensee, while collecting the ashes, garbage, refuse
and refuse material, shall be manned by a minimum of two employees.
N.
The Board of Health may supplement these rules and regulations from
time to time, by resolution, whenever, in its opinion, it is necessary
to do so in order to safeguard the health of the inhabitants of the
Borough of Ho-Ho-Kus.
Every licensee shall be subject to the supervision of the Board
of Health of the Borough of Ho-Ho-Kus, and all provisions of this
chapter, as well as the rules and regulations promulgated hereby,
and all orders or regulations promulgated by the Board of Health shall
be enforced by such person or persons as the Board of Health, by resolution,
may designate from time to time.
Any licensee undertaking to furnish scavenger service to any
residents of the Borough, or to the owners or occupants of any commercial
or industrial establishments located within the Borough, upon commencing
such undertaking, shall be deemed conclusively to have entered into
a contract with such person or persons to supply scavenger service
to the persons owning residences in the Borough no less frequently
than twice a week and to the persons who are owners or occupants of
any commercial or industrial establishment as often each week as may
be determined by the Board of Health in order to maintain proper health
standards. Such contract shall remain in full force and effect during
the entire term of the license, and said scavenger service may not
be discontinued by the licensee except for nonpayment of the bill
for the service, and then only if such nonpayment continues after
the licensee has given the person or persons involved 15 days'
notice, in writing, of the nonpayment by certified mail, return receipt
requested.
Simultaneously with the granting of the license, every licensee
must deliver to the Board of Health an executed bond in the sum of
$50,000 as security for the faithful and uninterrupted performance
of the contracts which the licensee is to undertake with each resident
and each owner or occupant of the commercial or industrial establishments
to supply them with scavenger service during the entire term of his
license, as more particularly set forth herein, and to further insure
said licensee will comply with all the provisions of this chapter,
as well as the rules and regulations contained herein, and any other
orders or regulations promulgated by the Board of Health. Said bond
must have as surety thereon such surety company or companies as are
acceptable to the Borough of Ho-Ho-Kus and as are qualified to do
business in the State of New Jersey.
Every licensee, prior to undertaking to supply scavenger service
in the Borough of Ho-Ho-Kus, must file with the Borough Clerk certificates
of insurance which contain a provision that, in the event of their
cancellation, the Borough of Ho-Ho-Kus is to receive notice of such
intended cancellation 20 days in advance, and, without such notice
to the Borough of Ho-Ho-Kus, such cancellation shall be ineffective,
and such certificates shall indicate that the following coverage is
in full force and effect:
A.
Public liability insurance on each truck used in the performance
of scavenger service in the Borough of Ho-Ho-Kus, with limits of bodily
injury liability of not less than $300,000 for each person and not
more than $500,000 for each accident.
B.
Property damage liability on each truck used in the performance of
scavenger service in the Borough of Ho-Ho-Kus in the amount of not
less than $50,000 for each accident.
C.
Standard workmen's compensation insurance as required by the
workmen's compensation laws of the State of New Jersey.
D.
Public liability insurance covering accidents that may be caused
by employees of the licensee in the amount of $300,000 for each person
and $500,000 for more than one person and property damage coverage
in the amount of not less than $50,000.
Any license issued under the provisions of this chapter may
be revoked at any time by the Board of Health for just cause or if
the licensee, after 10 days' notice in writing, continues to
violate any of the provisions of this chapter, any of the rules and
regulations contained herein, or any of the orders or regulations
promulgated by the Board of Health.
Any person, firm or corporation violating any of the provisions
of this chapter or any of the rules and regulations contained herein
or any of the orders or regulations promulgated by the Board of Health
pursuant hereto shall be subject to a fine not exceeding $500 or imprisonment
in the county jail for a term not exceeding 90 days, in the discretion
of the Judge before whom such conviction shall be had. Each and every
violation and nonconformance of this chapter, or each day that any
provision of this chapter shall have been violated, shall be construed
a separate and distinct violation thereof.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
This chapter shall take effect when published, as required by
law.
Ordinance No. 233, entitled "An Ordinance to Provide for the
Licensing and Regulation of Public Scavengers in the Borough of Ho-Ho-Kus,"
together with all amendments thereto, is hereby repealed; and any
licenses granted thereunder are hereby revoked, except that any licensee
holding a license under the repealed ordinance may reapply under this
chapter without the necessity of paying another license fee.
