[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 34.
Public scavengers — See Ch. 48.
[Adopted 12-15-1987 by Ord. No. 614]
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Recyclable aluminum cans; does not include pie plates or ferrous metals.
CONCRETE, BRICK and BLOCK
Concrete, brick and block which is processed at a facility approved by the New Jersey Department of Environmental Protection and Energy (NJDEPE) to recycle this material.
[Added 12-17-1991 by Ord. No. 692]
CONSTRUCTION AND DEMOLITION DEBRIS
Source-separated, nonputrescible recyclable material generated from the construction, alteration, repair, maintenance and/or demolition of structures within Bergen County. This material shall include concrete, bricks, block, ferrous and nonferrous scrap, asphalt, asphalt shingles, recyclable woods scrap and any and all material generated from the construction, alteration, repair, maintenance and/or demolition of a structure or structures within Bergen County that a municipality may deem recyclable.
[Added 10-26-1993 by Ord. No. 722]
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
[Added 2-28-2006 by Ord. No. 908]
CORRUGATED PAPER/CARDBOARD
Structural material shaped in parallel furrows and ridges for rigidity, used to make packing and shipping containers primarily for commercial/industrial operations.
[Amended 12-17-1991 by Ord. No. 692]
FERROUS CONTAINERS
All metal containers made of steel and/or tin, the most common being food cans. Bimetal cans with steel sides and bottoms and aluminum tops are included in this material.
[Added 12-17-1991 by Ord. No. 692]
GLASS
All products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other materials commonly known as "glass," excluding, however, blue and flat glass, commonly known as "window glass."
GRASS CLIPPINGS
All grass clippings that are not mulched or composted on the respective property. The location of the compost facility and the NJDEPE facility registration number must be provided.
[Added 12-17-1991 by Ord. No. 692]
HOUSEHOLD-GENERATED BATTERIES
Any type of button coin, cylindrical, rectangular or other shaped, enclosed device or sealed container consisting of a combination of two or more voltaic or galvanic cells, electrically connected to produce electric energy, composed of lead, lithium, manganese, mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other metals, or any combination thereof, and designed for household use, including any alkaline, manganese, lithium, mercuric oxide, silver oxide, zinc-air or zinc-carbon battery, nickel-cadmium rechargeable battery or sealed lead rechargeable battery.
[Added 2-28-1995 by Ord. No. 742]
LEAVES
Those materials naturally formed from trees and shrubs that are suitable for composting and mulching purposes.
MAGAZINES
Includes all magazines or periodicals printed on glossy stock or paper or heavier paper than that recognized as newsprint.
METAL WHITE GOODS
All products made of metal, exclusive of aluminum, including washers, dryers, refrigerators, stoves, hot-water heaters, tire rims, springs, bicycles, bimetal (tin) cans or scrap metal.
MIXED PAPER
High-grade office paper, all newspaper inserts, magazines, computer paper, paper used in offices, phone books, white typing and ledger paper, white note pad paper, copier paper, computer printout paper, manila tab cards, file folders and books.
MOTOR OIL
All oil from automotive engines that is collected by an NJDEPE-registered hazardous waste transporter. The following are not eligible: antifreeze, hydraulic fluid, machine oil and transmission fluid.
[Added 12-17-1991 by Ord. No. 692]
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals, as well as any other paper products, are not considered "newspaper."
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 2-28-2006 by Ord. No. 908]
PLASTIC CONTAINERS
This includes such containers as polyethylene terephthalate (PET), soda bottles, high-density polyethylene (HDPE), milk, water or detergent bottles and vinyl (V).
[Added 12-17-1991 by Ord. No. 692]
ROOFING SHINGLES
All roofing shingles that are recycled at a facility approved by NJDEPE to recycle this material.
[Added 12-17-1991 by Ord. No. 692]
SOLID WASTE
Includes all garbage and rubbish usually disposed of by regular scavenger service for the residential and nonresidential occupants of the Borough of Ho-Ho-Kus.
STREET
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.
[Added 2-28-2006 by Ord. No. 908]
TIRES
All truck and passenger automobile tires that are retreaded, remanufactured, recapped, used in a tire reef project or shredded for use as tire-derived fuel at a facility approved by the NJDEPE to recycle this material, unless otherwise exempted.
[Added 12-17-1991 by Ord. No. 692]
YARD WASTE
Leaves and grass clippings.
[Added 2-28-2006 by Ord. No. 908]
[Amended 12-17-1991 by Ord. No. 692]
On and after the date fixed and promulgated by regulations issued by resolution of the Borough Council in accordance with the terms hereof, it shall be mandatory for all residential, commercial/industrial and institutional facilities to separate aluminum cans, glass, corrugated paper/cardboard, mixed paper, magazines, newspapers, metal white goods, leaves, grass clippings, motor oil, plastic containers and ferrous containers from all other solid waste produced by any such facility and to separate and bundle such materials for pickup, collection or delivery to depots for recycling.
The owner or occupant of any building, residential, commercial/industrial or institutional buildings within the Borough of Ho-Ho-Kus who shall place for disposal, removal or collection the following items shall do so in strict conformity with the following regulations:
A. 
Aluminum cans shall be rinsed and placed in bags or boxes which have been securely closed and placed for curbside collection, not in the gutter, in accordance with a schedule as authorized herein.
B. 
Glass, as defined herein, shall be rinsed and separated into clear, brown and green glass and contained in suitable owner- or occupant-supplied containers and delivered to a depot at the Department of Public Works Building in accordance with a schedule as authorized herein.
C. 
Corrugated paper/cardboard shall be separately bundled and delivered to a depot at the Department of Public Works in accordance with a schedule as authorized herein. This regulation applies only to commercial/industrial operations.
D. 
Newspapers shall be bundled separately, secured by cord, the bundles not to exceed 25 pounds in weight. Newspapers shall not be bundled in plastic or paper bags. No magazines or mixed paper shall be included with newspapers. Newspapers shall be collected in accordance with a schedule as authorized herein.
[Amended 10-26-1993 by Ord. No. 722]
E. 
Mixed paper and magazines shall be bundled separately and placed for curbside pickup in accordance with a schedule as authorized herein.
[Amended 10-26-1993 by Ord. No. 722]
F. 
Metal white goods, as defined herein, shall be placed for curbside pickup on monthly trash cleanup day or dropped off at the recycling depot at the Department of Public Works.
[Amended 10-26-1993 by Ord. No. 722]
G. 
Leaves and yard waste.
[Amended 8-28-1990 by Ord. No. 660; 2-28-2006 by Ord. No. 908]
(1) 
Between September 1 and December 31 of each year, leaves, unless stored or recycled for composting or mulching, shall be placed outside the street lines for pickup in accordance with a schedule as authorized herein. Leaves shall be source separated from solid waste generated at any residential premises. Leaves shall not be placed for collection or disposal as waste.
(2) 
No person shall transport leaves to an out-of-state facility as defined in N.J.S.A. 13:1E-99.12, except in those instances where the out-of-state facility is designed and operated for the purpose of accepting leaves for recycling and the facility is designated in the District Recycling Plan required pursuant to N.J.S.A. 13:1E-99.13.
(3) 
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any manner is in violation of this article. If such placement of yard waste occurs, the party responsible for the placement of the yard waste must remove the yard waste from the street, or said party shall be deemed in violation of this article.
H. 
Ferrous containers must be rinsed and free of food solids or liquids prior to being placed in the container at the depot.
[Added 12-17-1991 by Ord. No. 692]
I. 
Grass clippings shall be placed into reusable trash containers (no plastic bags) weighing a maximum of 50 pounds. The containers must be placed at curbside and shall be collected in accordance with the respective schedule.
[Added 12-17-1991 by Ord. No. 692]
J. 
Motor oil from automobiles must be in plastic containers with secured lids and placed at the designated location within the depot. No antifreeze, hydraulic fluid, machine oil or transmission fluid will be accepted.
[Added 12-17-1991 by Ord. No. 692]
K. 
Plastic containers shall be rinsed and crushed, with caps removed, and separated into the following types: No. 1 polyethylene terephthalate (PET), No. 2 high-density polyethylene (HDPE) and No. 3 vinyl (V), then delivered to the recycling depot.
[Added 12-17-1991 by Ord. No. 692]
L. 
Construction and demolition debris shall be separated and disposed of by private contractor or commercial recycler. Upon acquiring the necessary Uniform Construction Code permit(s) for construction or demolition, it shall be the responsibility of the permit holder, owner, occupant or lessee of said property to recycle said materials as defined in § 52-1, Definitions. All subsequent records and/or weight slips documenting the recycling of said materials shall be given to the Borough of Ho-Ho-Kus Municipal Recycling Coordinator before a certificate of occupancy can be issued.
[Added 10-26-1993 by Ord. No. 722]
M. 
Household-generated batteries shall be placed in designated containers located in the newspaper recycling barn at the recycling center on Hollywood Avenue.
[Added 2-28-1995 by Ord. No. 742]
[Amended 12-17-1991 by Ord. No. 692]
Except for recyclable material placed at curbside in connection with volunteer or charitable recycling efforts, from the time of placement at the curb for delivery to the depot by or on behalf of any residential, commercial/industrial or institutional facility, all aluminum cans, glass, corrugated paper, newspapers, mixed paper, metal white goods, leaves, ferrous containers, grass clippings, motor oil and plastic containers in accordance with the terms hereof shall become the property of the Borough of Ho-Ho-Kus or its authorized agent. It shall be a violation of this article for any unauthorized person to collect, pick up or deliver, or cause to be collected, picked up or delivered, any such recyclable material. Any such collection, pickup or delivery in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 12-17-1991 by Ord. No. 692]
Anything herein to the contrary notwithstanding, any person who is an owner, lessee or occupant may donate or sell recyclables to any person, partnership or corporation, whether operating for profit or not for profit, but weight/tonnage slips must be submitted to the Borough Recycling Coordinator; except for recyclable material placed at curbside in connection with volunteer or charitable recycling efforts, such person, partnership or corporation may not, however, under any circumstances, pick up said recyclables from curbside in the Borough of Ho-Ho-Kus, whether or not said recyclables are placed at curbside on or immediately preceding regular curbside collection.
The Superintendent of the Department of Public Works, the Sanitation Officer, the Construction Code Official and the Police Department are hereby authorized and directed to enforce this article. The Borough Administrator is hereby authorized and directed to establish and promulgate rules and regulations as to the manner, days and times for collection or delivery of recyclable materials as defined herein and initially in accordance with the terms hereof. Such regulations shall be promulgated no later than January 1, 1988. Within 60 days from the date of the promulgation and publication of said regulations, the Borough Council may, by resolution, change, modify, repeal or amend any portion of said rules and regulations.
[Amended 9-27-1988 by Ord. No. 630]
Any person, firm or corporation who or which violates or neglects to comply with any provision of this article or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine of not less than $5 nor more than $500. No enforcement of §§ 52-2 and 52-3 of this article shall be made until three months from the effective date of regulations authorized to be promulgated hereunder. A maximum two warning notices shall be issued before the issuance of a summons and complaint for all violations hereunder.
If any provision of this article is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this article but shall be confined in its effect to the provision directly involved in the controversy in which such judgment shall have been rendered.
All ordinances or parts of ordinances which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
[Adopted 11-23-1993 by Ord. No. 724]
As used in this article, the following terms shall have the meanings indicated:
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
RECYCLING AREA
Space allocated for collection and storage of source-separated recyclable materials.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.