[Adopted 12-2-1985 by Ord. No. 85-13]
The Mayor and Council of the Borough of Westwood is hereby authorized to enter into such contracts as may from time to time appear necessary to provide for scavenger service, which contracts may be authorized by resolution.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 64-1, Findings of fact, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this article, the following terms shall have the meanings indicated:
CLEANUP
Refers to the long-standing practice whereby Borough residents are permitted to place unwanted trash, furniture, toys, branches and the like at the curbside for pickup as part of a program to promote property maintenance within the Borough. Branches shall be in four-foot lengths and shall be tied.
CONTAINER
A device with an approximate volume of 30 gallons, made of plastic, fiberglass or metallic substances, with a tight-fitting but removable lid and fully enclosed sides and bottom, commonly known and referred to in general usage as a "garbage can."
DUMPSTER
Any container which is intended or actually used for the storage of trash or rubbish, which has a capacity in excess of 55 gallons.
GARBAGE
Waste or decayed vegetable matter that has been used or was intended to be used as food and the waste therefrom and dead plant life or parts of the same, including condemned food. This definition shall also include broken crockery, ashes, glassware, utensils, house sweepings, old clothing and all discarded and waste materials of every nature and description customarily generated by residential living. "Garbage" is intended to include material customarily designated as household refuse. To the extent that such materials are subject to recycling pursuant to an approved recycling program, they shall be excluded from the foregoing.
[Amended 9-29-1989 by Ord. No. 89-8[1]]
MIXED LOCATION
A location which generates both residential and nonresidential solid waste as a consequence of the existence of residential and nonresidential land uses thereat.[2]
SCAVENGER, PRIVATE
Such person or persons, duly licensed by the State of New Jersey, as may engage in the business, for profit, on an individual competitive contract basis, for the collection of such forms of solid waste generated within the Borough of Westwood as may not be collected by the public scavenger hired by the Mayor and Council.
SCAVENGER, PUBLIC
Such person or corporation, licensed by the appropriate state regulatory agencies, as the Mayor and Council of the Borough of Westwood may from time to time contract with for scavenger service.[3]
TRASH
All readily combustible materials; excelsior; straw; boxes; crates and materials of similar nature; debris; bric-a-brac; household equipment, such as bicycles and apparatus of all kinds; furniture and household appliances; and any other rubbish which is not constituted as garbage, ashes, building and construction materials and automotive parts. "Trash" shall only refer to the above materials which are the by-products of residential living in premises otherwise qualified for collection pursuant to these specifications. To the extent that such materials are subject to recycling pursuant to an approved recycling program, they shall be excluded from the foregoing.
[Amended 9-29-1989 by Ord. No. 89-8]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The original definition of "Sanitation Committee," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The definition of "side yard pickup," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Mayor and Council shall provide for the collection of residential garbage and trash, as hereinabove defined, from the side or rear yard pickup sites meeting the requirements of this article, at such times as shall be designated from time to time by the Mayor and Council. The Mayor and Council or the public scavenger may refuse to collect garbage and trash not placed at an approved location.
B. 
On days designated as cleanup days, two containers of trash or six items of trash not in containers may be placed inside the curb within the municipal right-of-way at any premises within the Borough of Westwood which are eligible for public scavenger collection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No earth, stone, excavated material or construction or demolition debris shall be collected by the public scavenger, nor shall the same be included within any garbage or trash placed for collection at any eligible property.
D. 
Collection by public scavengers and private scavengers shall begin no earlier than 7:00 a.m. and shall be concluded no later than 6:00 p.m. and shall not, in any case, take place on Sunday.
E. 
Notwithstanding that garbage or trash may be placed upon a property in a manner contrary to this article, the Mayor and Council may nonetheless cause said garbage or trash to be collected by the public scavenger and bill the costs of said collection to the owner and/or occupant of the premises in question. This billing shall be in addition to any penalty or fine which may be levied arising out of the violation of this article and is for the sole purpose of providing a means for the protection of public health.
F. 
Notwithstanding any other provisions of this article, the Mayor and Council reserves the right to reject any type or item of garbage or trash which, in its sole discretion, shall be unsuitable to be collected, removed or disposed of under the system hereby established. The Mayor and Council may delegate this discretionary power, in whole or in part, to the Sanitation Committee established hereunder, to the employees of the Borough of Westwood or to the public scavenger.
G. 
No container shall be packed with garbage or trash in excess of a total weight of 50 pounds per container, nor shall any container exceed 30 gallons in volume. All containers shall be made of plastic, fiberglass or metallic substances, unbreakable in ordinary usage, with tight-fitting but easily removable lids and fully enclosed sides and bottoms.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Containers shall be placed outside any building or garage but may be placed in an easily accessible and suitably marked shed of the type customarily designed and/or sold for the purpose of holding garbage cans. All containers to be collected pursuant to this article shall be placed at a location no more than 10 feet from the rearmost projection of the building and located between the nearest side property line and the nearest side projection of the building to that property line and, in any case, not more than 65 feet from the curb. No containers shall be placed closer to the street than the forward-most projection of the building towards the street. There shall be no more than three containers at any permissible pickup location.
I. 
Garbage and trash shall be placed into containers in a manner which will permit the contents of the container to freely flow therefrom upon inversion of the container. No container shall be packed with garbage or trash projecting above the top of the container. All containers shall have lids placed upon them at all times, except when garbage or trash is being placed therein or removed therefrom.
J. 
At any location designated as a mixed location as herein defined, the containers holding the residential garbage and trash shall be labeled with the apartment or unit number of the generator of such material. At any mixed location, the residential waste shall be kept in a permissible location separate and apart from the location where the business or commercial waste is stored.
K. 
No trash may be placed for pickup prior to 6:00 p.m. on the evening preceding the scheduled pickup.[3]
[3]
Editor's Note: Original § 64-4L, pertaining to littering, added 6-25-1991 by Ord. No. 91-7 as duplicate Subsection "K," which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See Ch. 204, Littering.
L. 
Illegal dumping. It is unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purposes of solid waste storage or disposal.
[Added 6-25-1991 by Ord. No. 91-7]
M. 
Containerization of sweepings. No person will be permitted to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of man-made litter from any public or private sidewalk or driveway. Every person who owns or occupies property must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
[Added 6-25-1991 by Ord. No. 91-7]
N. 
Construction sites. It is unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It is the duty of the owner, agent or contractor in charge of the construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage of refuse.
[Added 6-25-1991 by Ord. No. 91-7]
A. 
There is hereby created within the Borough of Westwood a Sanitation Committee. The Sanitation Committee shall be comprised of the following persons: the Borough Administrator, the Superintendent of the Department of Public Works, the member of the Mayor and Council with primary responsibility for the Department of Public Works and the member of the Mayor and Council primarily responsible for finances.
B. 
The Sanitation Committee shall have the following duties and responsibilities:
(1) 
To consider requests for waivers and exceptions as herein provided for and to keep a record thereof in the manner prescribed.
(2) 
To supervise the performance of the public scavenger in accordance with the contract documents and specifications.
(3) 
To investigate and report to the Mayor and Council concerning any requests by the public scavenger for additional charges or solid waste tax or tipping fee passed through.
(4) 
To investigate and report to the Mayor and Council concerning any complaints of inadequate service by the public scavenger and to respond to and, where possible, adjust any complaints by the public scavenger concerning difficulties in the collection process or improper use or placement of containers by properties to be collected.
(5) 
To generally act as the liaison between the Mayor and Council and the public scavenger and to make recommendations from time to time to the Mayor and Council concerning solid waste collection within the Borough of Westwood.
(6) 
To develop new solid waste specifications as needed in anticipation of renewal of the public scavenger contract.
(7) 
To oversee and supervise all expenditures within the Borough of Westwood relating to the disposal of solid waste, including the disposal of waste materials collected by Borough vehicles in the course of municipal business, street cleaning and the like and the disposition of leaves and other organic debris which may from time to time be collected by the Borough of Westwood.[1]
[1]
Editor's Note: Original § 64-6, Waivers; fee; exceptions, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No dumpster shall be stored inside of or within 25 feet of any exterior wall or roof overhang of any building within the Borough of Westwood unless the specific location for said dumpster has been approved by the Code Enforcement Officer and the Fire Prevention Bureau of the Borough of Westwood, in writing, which approval shall be placed in the book of exceptions and waivers hereinabove referred to. Persons desiring to store a dumpster in a location prohibited by this article shall apply to the Sanitation Committee for an exception or a waiver as hereinabove provided for, and the Sanitation Committee, prior to making a determination, shall obtain a favorable recommendation from the Code Enforcement Officer and the Fire Prevention Bureau in writing. Any such waiver shall be separate from the zoning approval which may be required. In determining said request, the Sanitation Committee shall consider firesafety, aesthetics and safety considerations at the site in question.
B. 
Private collections shall take place between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Saturday and are prohibited on Sunday.
C. 
Private scavengers operating within the Borough of Westwood must have the appropriate state licenses and permits. In addition, any private scavenger must have the name, address and telephone number, as well as the Public Utilities Commission permit number, conspicuously placed on the vehicle.
It shall be unlawful to place rubbish and trash for collection, within the Borough of Westwood, by a private or public scavenger except in conformance with the rules and regulations herein provided for and such other rules and regulations as may from time to time be promulgated by the Mayor and Council of the Borough of Westwood.
Failure to comply with the provisions of this article will result in the issuance of a summons which may be punished by a fine of up to $500.