[Adopted 10-6-2005 by Ord. No. 14-2005; amended in its entirety 7-11-2018 by Ord. No. 10-2018]
This chapter establishes a yard waste collection and disposal
program in the Township of Pemberton, sets forth requirements for
the proper handling of yard waste and prohibited conduct to protect
public health, safety and welfare, and prescribes penalties for the
failure to comply.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text 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 work "shall" is always mandatory and not merely
directory.
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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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, getters, curbs,
sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Grass clippings generated from grass cutting or dethatching
lawns.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place, or permit
another to sweep, rake, blow or otherwise place yard waste in or adjacent
to the street unless the yard waste is containerized, and on dates
and times designated by the Township as appropriate for disposal.
The owner and/or occupant of the property and/or any other person
performs the prohibited conduct shall be jointly and severally responsible
under this chapter.
The provisions of this article shall be enforced by the Township
of Pemberton Director of Community Development, Code Enforcement Officers
of Pemberton Township, and the Pemberton Township Police Department.
Any person in violation of this article shall be issued a written
notice to abate within 10 days of receipt of said notice for a first
offense. The failure to abate within said notice period shall subject
the person to the issuance of a summons for a violation of this chapter.
Second and subsequent offenses within a period of one year from a
previous offense shall not require a notice to abate, and shall be
subject to the issuance of a summons immediately.
[Adopted 3-2-2011 by Ord. No. 4-2011]
This is an article to establish requirements for the proper
handling of leaves and other yard debris in the Township of Pemberton,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purposes of this article, the following terms, phrases
and words shall have the meanings given herein:
BRUSH
Consists of twigs and branches that arise from general landscape
and yard maintenance. It does not include any tree stumps or materials
arising from tree removal, land clearing or development activities.
LEAF DISPOSAL
The placement of leaves in plastic bags with a maximum weight
of 30 pounds, which can be composted together with pine needles, such
as to prevent the yard waste from spilling or blowing out into the
street and coming into contact with stormwater.
LEAVES
Leaves generated from residential premises located within
the Township of Pemberton which have been source separated from solid
waste, including but not limited to sticks, branches, grass clippings
generated from grass cutting or dethatching lawns, foreign material
and construction material.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
RESIDENCE
Single-family dwellings and duplex-type dwellings. No multiple-family
housing greater than a four-plex unit is eligible (i.e., apartments,
condominiums, mobile home parks, etc.).
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.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place leaves in
the street, unless the leaves are placed in plastic bags as required
herein. If leaves that are not containerized are placed in the street,
the party responsible for the placement must remove the leaves from
the street or said party shall be deemed in violation of this article.
Any person found to be in violation of the provisions of this
article shall be subject to a fine not to exceed $300 per violation.
Each violation is considered a separate offense and shall be punishable
as such.