[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-25-1985 by Ord. No. 85-2; amended
in its entirety 6-4-2009 by Ord. No. 2009-8]
The purpose of this article is to establish requirements for
the proper handling of household waste and recyclables in the Borough
of Chesilhurst, so as to protect public health and safety, and the
general welfare, and to prescribe penalties for the failure to comply.
For the purpose 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, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Large items of solid waste which, because of their size or
weight, require handling other than normal handling. "Bulk waste"
includes but is not limited to refrigerators, washers, dryers, stoves,
dishwashers, lawn mowers, hot water heaters, tree trunks, parts of
automobiles, demolition or construction materials, furniture, drums,
and all other metal items.
The placement of household waste in reusable occupant- or
owner-supplied trash cans, buckets, or other secure receptacle, such
as to prevent the waste from spilling out or falling or blowing into
the street and causing a public nuisance or coming into contact with
stormwater.
Animal and/or vegetable waste resulting from the handling,
preparation, consumption or cooking of food, and shall include any
fecal waste from any animal or bird (when fecal matter has been separated
from other waste and is double-bagged prior to placement for collection).
Any waste or combination of waste which poses a threat or
potential threat to human health, living organisms, or the environment,
including but not limited to waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
flammable or radioactive and any waste so designated by the United
States Environmental Protection Agency or the New Jersey Commissioner
of the Environmental Protection Department.
Includes but is not limited to all instruments, supplies,
containers, bandages, tubing, gloves, etc., used by health-care practitioners
and facilities (or personal caregivers) as described in the New Jersey
Department of Health and Senior Services Regulations and New Jersey
law, Section 306 of the Manual of Standards for Hospital Facilities
and N.J.S.A. 2C:36-6.1.[1]
Every waste accumulation of paper, sweepings, dirt, dust,
rags, bottles, cans or other matter of any kind, other than garbage,
which is usually from a residence not otherwise defined herein. For
disposal purposes, household waste also includes household batteries
(for small electronics) and latex paints which have been mixed with
kitty litter or sand and allowed to air dry.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All waste materials, listed below, having the ability to be
returned, through processing, to their former or alternate use such
as:
Corrugated paper and cardboard.
Newspaper, white paper, and computer paper.
Aluminum cans, beverage and food containers, foil and wrappers.
Plastic milk and water containers without caps.
Glass bottles and beverage containers without caps.
Soup, coffee cans, etc.
Laundry detergent, shampoo, fabric softener and bleach containers
and bottles without caps.
Recyclables are to be placed in reusable occupant- or owner-supplied
trash cans for collection, and not in plastic trash bags for collection
with other household trash and garbage.
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.
A.
The owner or occupant of any building within the Borough of Chesilhurst
who shall place for disposal, removal or collection the following
named items shall do so in strict conformity with the following regulations:
(1)
Discarded newspapers shall be securely bundled and tied with rope
or cord sufficient in strength to facilitate handling in packages
not to exceed 50 pounds and each said package shall not exceed 12
inches in height and shall be placed on the side of the street with
other recyclables on designated collection day(s).
(2)
Glass, aluminum, plastic, and metal, which may be placed together,
shall be contained in reusable occupant- or owner-supplied trash containers.
B.
Recyclable and regular household waste may be placed for collection
on the same day(s).
The following conduct is hereby prohibited and any violations
are subject to citation and penalties:
A.
The owner or occupant of any property shall not dispose of household
waste for collection unless the waste is containerized and placed
on the side of the street for garbage collection.
B.
No containers shall be placed in the roadway or in such a manner
that vehicular traffic lawfully travelling on the roadway is blocked
or impeded.
C.
No containers shall be placed on the side of the street for collection
earlier than 7:00 p.m. on the day before the day designated for collection.
D.
No containers shall be placed on the side of the street for collection
the day before the designated collection if weather conditions are
windy and stormy.
E.
If uncontained household waste is placed in the street or falls/blows
into the street, the party responsible for placement of the household
waste shall remove the waste from the street or adjoining property.
F.
Recyclables listed above are to be put in trash cans for collection
and not plastic trash bags. Recyclables may be put in paper trash
bags.
G.
Yard waste, including tree limbs, plants, etc., shall not be mixed
in with household trash. Yard waste may be set out in separate containers
with household trash containers for weekly collection. To avoid confusion
in collection, containerized yard waste should be placed several feet
away from household trash and recyclables.
H.
Liquid paint shall not be placed on the street for trash collection.
Paint shall be dried out before collection is allowed. Any liquid
paint set out for trash collection will not be collected.
I.
Motor oil shall not be put out for trash collection but should be
dropped off at a location designated by the Public Works Department
for proper disposal.
J.
Car batteries shall not to be put out for trash collection but should
be dropped off at a location designated by the Public Works Department
for proper disposal.
K.
Car, bicycle and small truck tires may be placed out for weekly collection.
No more than two tires without the rims may be put out per week.
L.
Bulky waste shall not be placed for pickup during regular weekly
collections. Arrangements with the Public Works Department for the
collection of bulky waste must be made by the person responsible for
such container or item.
M.
Bundles of loose items for collection must be tied together. Each
bundle shall not exceed four feet in length or exceed 50 pounds in
weight.
N.
Items considered hazardous waste, including but not limited to medical
waste, toxic chemicals and solvents, and flammable liquids, shall
not be placed on the street for household waste, yard waste, or recyclable
collection.
O.
No owner, tenant, lessee or occupant of any residential, commercial
or industrial building in the Borough shall bring from other locations
outside the Borough of Chesilhurst for disposal in the Borough of
Chesilhurst bulky waste, construction debris, garbage, hazardous waste,
hospital/red-bag waste, household waste, scrap materials, or any other
materials classified as solid waste for collection.
The provisions of this article shall be enforced by the Borough's
enforcement officer.
A.
Any person(s) found to be in violation of § 402-4A through N of this article shall be subject to a minimum penalty by fine not to exceed $100, a maximum penalty by fine not to exceed $2,000, a term of imprisonment not to exceed 90 days, or a period of community service not to exceed 90 days, or any combination thereof, pursuant to N.J.S.A. 40:49-5.
B.
Any person(s) found to be in violation of § 402-4O of this article shall be subject to a minimum penalty by fine of $2,500, or a term of imprisonment not to exceed 90 days, or a period of community service not to exceed 90 days, or any combination thereof, pursuant to N.J.S.A. 40:49-5. Maximum penalty by fine shall not exceed $10,000.
C.
Any person(s) convicted of violating this article within one year
of the date of a previous violation of this same article, and previously
fined for the previous violation, shall be sentenced by a court to
an additional fine as a repeat offender, and said additional fine
shall be calculated separately from the fine imposed for the current
violation, pursuant to N.J.S.A. 40:49-5.
