[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-21-1987 by Ord. No. 379 (Ch.
36A of the 1967 Code)]
[Amended 4-18-2011 by Ord. No. 658]
The purpose of this article is to cause the
Borough to comply with the mandatory statewide recycling program,
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.11 et seq.), and the Clean Communities
Program Act, N.J.S.A. 13:1E-213 et seq.
As used in this article, the following terms
shall have the meanings indicated:
Recyclable aluminum cans.
The recyclable materials listed in § 280-4 which are to be source separated in the Borough pursuant to P.L. 1987, c. 102, Section 3 (N.J.S.A. 13:1E-99.13).
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
The transportation, placement, reuse, sale, donation, transfer
or temporary storage for a period not exceeding six months of designated
recyclable materials for all possible uses except for disposal as
solid waste.
Computers, laptops, games consoles, printers, fax machines,
copiers, televisions, monitors, DVD players or VCRs, as well as individual
electronic parts such as motherboards and hard disk drives, should
be recycled to prevent the toxic chemicals that they contain from
contaminating the natural environment.[1]
All residential, commercial and institutional solid waste
generated within the boundaries of the Borough as measured in tons.
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All residential, commercial and institutional property in
the Borough.
Those materials which would otherwise become municipal solid
waste and which are to be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
[Amended 4-18-2011 by Ord. No. 658]
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any facility designed and operated solely for receiving,
storing, processing and transferring source-separated designated materials
from residential, commercial and industrial premises.
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
The services provided by persons engaged in the business
of recycling, including the collection, processing, storage, purchase,
sale or disposition, or any combination thereof, of recyclable materials.
Recyclable materials, as listed in § 280-4, from commercial and industrial premises, which are kept separate and apart from all other residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
The following types of appliances: freezers, refrigerators,
dishwashers, washing machines, dryers, hot-water heaters, stoves and
the like.
There is hereby created the position of Harrington
Park Recycling Coordinator.
[Amended 10-17-1988 by Ord. No. 407; 3-15-1994 by Ord. No.
461; 1-30-1995 by Ord. No. 468; 11-17-2008 by Ord. No. 631; 7-20-2009 by Ord. No. 643]
The following materials are designated as mandatory
recyclables under the Harrington Park mandatory program:
A.
Residential sector:
(1)
Leaves.
(2)
Newspapers.
(3)
Aluminum
cans.
(4)
White
goods.
(5)
Glass
beverage containers.
(6)
Ferrous
scrap, mixed paper, and high-grade paper.
(7)
Tin
cans.
(8)
Grass.
(9)
Construction
and demolition debris (concrete, brick, tree parts, nonferrous/ferrous
metal, asphalt, and corrugated cardboard, where practicable).
(10)
Corrugated
cardboard.
(12)
Types
1 and 2 plastic containers.
B.
Commercial sector:
(1)
Corrugated
cardboard.
(2)
High-grade
office paper.
(3)
Glass
beverage containers.
(4)
Ferrous
scrap.
(5)
White
goods.
(6)
Aluminum
cans.
(7)
Mixed
paper.
(8)
Construction
and demolition debris (concrete, brick, tree parts, nonferrous/ferrous
metal, asphalt, and corrugated cardboard, where practical).
(9)
Types
1 and 2 plastic containers.
(10)
Leaves.
(11)
Newspaper.
A.
On and after the effective date of this article, it shall be mandatory for all persons who are owners, lessees and occupants of property within the Borough to separate or cause to be separated the recyclable materials designated in § 280-4 above from all other solid waste.
B.
The owner, lessee and occupant of every property within the Borough who shall separate or cause to be separated the recyclable materials designated in § 280-4 above shall do so in strict conformity with the regulations of the garbage hauler and regulations on leaf placement and collection in Chapter 291, Stormwater Management, Article VI, Yard Waste Collection and Disposal.
[Amended 4-18-2011 by Ord. No. 658]
C.
Newspapers and aluminum cans shall be placed or caused
to be placed by the owner, lessee or occupant of every property at
the curb no earlier than 6:00 p.m. of each day which is the day preceding
a day established by the Mayor and Council for pickup within the district
in which the property in question is located, the schedule for all
such pickups to be in the form of a calendar setting forth the dates
for specific pickups.
D.
White goods shall be placed or caused to be placed
by the owner, lessee or occupant of every property at the curb for
collection only after special arrangements for their pickup by the
Borough have first been made in person or by telephone or the mail
with the Recycling Coordinator.
E.
Collection from curbside of all recyclable materials
shall be made by the Borough, either through its employees or under
contract for outside services as directed by the Mayor and Council
of the Borough, with primary administrative supervision under the
control of the Recycling Coordinator.
[Amended 4-18-2011 by Ord. No. 658]
Nothing in this article shall be deemed to prohibit
any owner, lessee or occupant from disposing of recyclable materials
privately through a sale or gift; provided, however, that in no event
shall any such recyclable materials be left at the curb for any private
pickup.
From the time recyclable materials are placed
at the curb by the owner, lessee or occupant for collection by the
Borough, such recyclable materials shall become the property of the
Borough. Once recyclable materials have been so placed at the curb,
it shall be a violation of this article for any unauthorized person
to collect or pick up or cause to be collected or picked up any such
recyclable materials for any purpose whatsoever. Any and each such
collection from a single property shall constitute a separate and
distinct offense punishable as hereinafter provided.
The Recycling Coordinator is authorized from
time to time to sell and deliver, by bid or by contract approved by
the Mayor and Council, recyclable materials so collected in order
to obtain the best possible price.
[Amended 4-18-2011 by Ord. No. 658]
The Recycling Coordinator shall, on or before
July 1 of each year, submit a recycling tonnage report to the New
Jersey Office of Recycling in accordance with rules and regulations
adopted therefor by the Department of Environmental Protection.
[Amended 4-18-2011 by Ord. No. 658]
The Recycling Coordinator shall notify at least once every six
months all persons occupying residential, commercial and institutional
premises within the Borough of local recycling opportunities and the
source-separation requirements of this article. Said notification
shall be accomplished by placing an advertisement in the Borough newsletter
and by posting a notice in public places where public notices are
customarily posted by the Borough.
This article shall be referred to the Borough's Planning Board which, under N.J.S.A. 40:55D-28, is responsible for preparing, adopting and maintaining the Borough's Master Plan to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare. In accordance with N.J.S.A. 13:1E-99.16c, the Borough's Planning Board shall, within 30 days of the effective date of this article and at least every 36 months thereafter, conduct a review and make such revisions to the Master Plan and development regulations adopted by the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq. as are necessary to reflect changes in state, county and Borough policies and objectives (including those set forth in this article) concerning the collection, disposition and recycling of designated recyclable materials and to cause said Master Plan and development regulations to contain provisions requiring any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing, and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, to provide for the collection, disposition and recycling of designated recyclable materials. The Planning Board shall also make recommendations to the Mayor and Council for the amendments to Chapter 350, Zoning, and Chapter 303, Subdivision and Site Plan Review, in accordance with this section.
The Recycling Coordinator, or his designee,
is hereby authorized and directed to enforce this article. He is hereby
authorized and directed to establish and promulgate reasonable regulations
as to the manner, days and times for the collection of designated
recyclable materials in accordance with the terms hereof, said rules
and regulations to be subject to change, modification, repeal or amendment
by a majority vote of the Mayor and Council.
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
Any person, firm or corporation violating the provisions of this article shall be punishable as set forth in Chapter 164, Fines and Penalties.
[Adopted 11-21-1988 by Ord. No. 406 (Ch.
17A of the 1967 Code)]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food and wastes from handling,
storage and sale of produce.
Includes any uncontainerized man-made or man-used waste which,
if deposited within the Borough otherwise than in a litter receptacle,
tends to create a danger to public health, safety and welfare or to
impair the environment of the people of the Borough. "Litter" may
include, but is not limited to, any garbage, trash, refuse, debris,
grass clippings or other lawn or garden waste, newspaper, magazines,
glass, metal, plastic or paper container or other construction material,
motor vehicle parts, furniture, oil or nauseous or offensive matter
of any kind or any object likely to injure any person or create a
traffic hazard. Without limitation, "litter" includes junk vehicle,
wrecks, machinery, motorized equipment or vehicles, tools or equipment
that is inoperable or broken beyond repair considering its commercial
value.
[Amended 6-19-2000 by Ord. No. 532]
Includes any container which is designed to receive litter
and to prevent the escape of litter deposited therein, which is of
such size or sufficient capacity to hold all litter generated between
collection periods.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Includes any and all property, including but not limited
to vacant land or any land, building or other structure designed or
used for residential, commercial, business, individual, institutional
or religious purposes, together with any yards/grounds, walk, driveway,
fence, steps and other structures appurtenant thereto.
Includes any and all streets, boulevards, avenues, lanes,
alleys or other public ways and parks, squares, plazas, grounds and
buildings frequented by the general public.
Includes any container which is used solely for the purpose
of collecting aluminum cans, glass and any other materials designated
by the Borough's Recycling Coordinator.
Includes all putrescible and nonputrescible solid wastes,
including but not limited to abandoned automobiles and parts thereof,
abandoned machinery and parts thereof, ashes, dead animals, debris,
garbage, junk, rubbish, scrap lumber, solid market and industrial
wastes, street cleanings, stumps, tires and trash.
Includes all nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, including but not limited to
bedding, paper, pieces of crockery, pieces of glass, wood, wrappings
and similar materials.
Each and every device in, upon or by which any person or
property is or may be transported or drawn upon land or water, including
devices used exclusively upon stationary rails or tracks.
It shall be unlawful for any person, individually
or through an agent, employee or servant, to cast, throw, sweep, sift,
deposit or dump, or permit or cause to be cast, thrown, swept, sifted,
deposited or dumped, in any manner in or upon any public way or any
other public place in the Borough, or any river, canal, public water,
basin, sewer or receiving basin within the Borough, any kind of litter,
garbage, refuse or rubbish, whether liquid or solid, nor shall any
person, individually or through an agent, employee or servant, cast,
throw, sweep, sift, deposit or dump any of the aforementioned items
anywhere within the Borough in such manner that it may be carried
or deposited, in whole or in part, by the action of the sun, wind,
rain or snow, into any of the aforementioned places.
It shall be unlawful for any person, individually
or through an agent, employee or servant, to throw, deposit or accumulate
litter upon any private property, occupied or vacant, within the Borough,
whether owned by such person or not, except that the owner or person
in control of such property may maintain litter receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the action of the sun, wind, rain or snow upon any
street, sidewalk or other public place or upon any private property.
A.
No person while the operator of or passenger in a
vehicle shall deposit litter upon any public or private property within
the Borough.
B.
No person shall transport in any vehicle or by any
other means or manner any loose material or article likely to sift,
fall, spill or be blown about on any public or private property.
C.
No person shall use any vehicle to transport any kind
of material, unless such material is covered or otherwise properly
secured or containerized to prevent such material, or any part thereof,
from spilling or dropping onto any public or private property.
Unless so authorized by the Borough, no person,
individually or through an agent, employee or servant, shall bring,
cart, remove, transport or collect any litter, garbage, refuse or
rubbish from any other municipality to the Borough for the purpose
of dumping or depositing such materials within the Borough, nor shall
any such person bring, cart, remove, transport or collect any such
litter, garbage, refuse or rubbish from within the Borough, without
such authorization.
A.
The owner or person in control of any private property
shall at all times maintain the property free of litter, garbage,
refuse and rubbish. Such persons shall keep the sidewalks and alleys
adjacent to such property free of litter.
B.
In maintaining private property, no owner or person
in control of such property shall sweep or deposit in any gutter,
street, or other public place within the Borough litter from any buildings
and lot or from any public or private areas whatsoever.
[Amended 4-18-2011 by Ord. No. 658]
No person, individually or through an agent,
employee or servant, shall sweep, throw or deposit litter in or upon
any public property, except in litter receptacles or official recycling
receptacles, nor shall any person deposit such litter except in a
manner so as to prevent it from being carried or deposited by the
action of the sun, wind, rain or snow upon any public property.
[Amended 4-18-2011 by Ord. No. 658]
It shall be unlawful for any commercial landscaper, tree surgeon,
arborist, gardener, horticulturist or any other person performing
services for the Borough or Borough residents to deposit for collection
within the Borough any trimmings, branches, tree stumps, clippings
or any other garden waste materials generated by the performing of
services in any other municipality.
Regulations promulgated in this article shall
be enforced by the Department of Public Works of the Borough of Harrington
Park and the Police Department of the Borough of Harrington Park.
The Department of Public Works and the Police Department are authorized
and empowered to notify any person owning private property within
the Borough to properly dispose of litter located on such property
which is dangerous to public health, safety or welfare.
[Amended 4-18-2011 by Ord. No. 658]
Any person violating this article shall, upon conviction thereof, be punished as set forth in Chapter 164, Fines and Penalties. A separate violation shall be deemed committed on each day during or on which a violation occurs or continues.
