[HISTORY: Art. I adopted by the Township
Committee (now Township Council) of the Township of Hillside as indicated
in article histories. Art. II et seq. adopted by the Township Council
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 103.
Animals — See Ch. 113.
Building, housing and property maintenance — See Ch. 121.
Junkyards and junk dealers — See Ch. 182.
Land use — See Ch. 188.
Peddling and soliciting — See Ch. 232.
Streets and sidewalks — See Ch. 265.
Abandoned vehicles — See Ch. 288.
Sanitation and drainage — See Ch. 375.
[Adopted 12-21-1971 as Ch. XV of the 1971 Code]
A.
Until otherwise provided, all ashes, garbage and other
refuse shall be collected and removed in the Township by a contractor
employed for that purpose. The cost and expense thereof shall be assessed
and collected as a part of the general tax levy of the Township.
B.
The Township Council shall advertise for bids for
the removal of ashes, garbage and other refuse from the Township by
a competent person under rules and regulations as may be established
by the Township Council and shall award the contract to the lowest
responsible bidder. The contractor receiving the bid shall give satisfactory
bond or security for the faithful performance of the work. If, in
the judgment of the Township Council, it should be advised to award
a contract for a period of time longer than one year, the Council
shall have the power to do so.
[Amended 5-5-1987 by Ord. No. G-270-87; 3-7-1989 by Ord. No. G-290-89; 3-25-2008]
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.
Includes all disposable containers fabricated primarily of
aluminum and commonly used for soda, beer or other similar beverages
and usually having a capacity of seven ounces or larger.
Includes all thin, stiff pasteboard of the type used to make
boxes and shall also include corrugated cardboard and boxes.
Clean soil which contains nonsaturated soil material and
which is generally free from bricks, masonry material, rocks over
four inches in diameter, wood, trees, brush, glass, rubber, plastic,
oil, rubbish or any garbage or discarded material.
Wholesale, retail or service establishments, including, but
not limited to, restaurants, markets, retail and wholesale outlets,
theaters, hotels, warehouses, all primary and secondary schools, clinics,
hospitals, houses of worship, institutions, research facilities, offices
and gas stations, when any such establishments place at the curb for
collection at any time an amount of waste in excess of three suitable
and sufficient receptacles or 100 pounds in the aggregate of any collection
period. If such excess amount of waste is present, the entire amount
of waste placed at the curb shall be considered a "commercial source."
Any amount of waste that is produced by any of the following sources
shall be considered as a "commercial source": all court, state and
federal buildings, all nonmunicipal governmental and/or quasi-governmental
buildings or any residential premises that contain four dwelling units
or more.
A facility to which solid waste is brought for disposal and
one that is properly licensed and permitted under the laws of the
State of New Jersey.
Includes all products made from silica or sand, soda ash
and limestone, the products being transparent or translucent and being
used for packaging or bottling of various matter and all other material
commonly known as "glass," excluding, however, blue and flat glass
commonly known as "window glass."
Any waste which poses a present or potential threat to human
health, living organisms or environment. It shall include waste material
that is toxic, corrosive, irritating or sensitizing, radioactive,
biologically infectious, explosive, ignitable or reactive.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar or can, or any top,
cap or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any container or equipment used in conjunction with vehicles
designed and/or equipped with hoisting mechanisms for either dumping
refuse or loading a container onto a truck chassis.
All waste materials produced as a result of the practice
of medicine, psychiatry, chiropractic, dentistry, veterinary medicine
or the operation of a medical laboratory, including, but not limited
to, any body fluids or parts, any instruments or devices, syringes,
hypodermic needles, gauze, bandages, casts and alike, as used in the
examination or treatment of humans or animals; and all laboratory
materials, including, but not limited to, chemicals, medicines, drugs,
test tubes, slides and other laboratory equipment.
Any person who has a legal title to any dwelling or building
or land, with or without accompanying actual possession thereof; or
who has equitable title and is either in actual possession or collects
rents therefrom; or who, as executor, executrix, trustee, guardian
or receiver of the estate of the owner, or as mortgagee or as vendee
in possession either by virtue of a court order or by agreement or
voluntary surrender of the premises by the person holding the legal
title, or as collector of rents, has charge, care or control of any
dwelling or building or land. Any person who is lessee or assignee
subletting or assigning any part or all of any dwelling or building
or land shall have joint responsibility over the portion of the premises
sublet or assigned, and any person who is designated by the owner
and who agrees.
Includes all newspaper, high-grade office paper, fine paper,
bond paper, offset paper, xerographic paper, mimeo paper, duplicator
paper and related types of cellulosic material containing not more
than 10% by weight or volume of noncellulosic material such as laminates,
binders, coatings or saturants.
Any paper items or commodities, including, but not limited
to, paper napkins, towels, corrugated and other cardboard, construction
material, toilet tissue, paper and related types of cellulosic products
containing not more than 10% by weight or volume of noncellulosic
material such as laminates, binders, coatings or saturants.
A park, reservation, playground, beach, recreation center
or any other public areas in the Township owned or used by any public
agency and devoted to recreation purposes.
Includes all individuals, partnerships, corporations, owners,
tenants, lessees, occupants, guests, associations, organizations,
or political subdivision of this state subject to municipal jurisdiction,
including but not limited to any such person residing in, attending,
visiting, owning, operating, managing, leasing or otherwise occupying
any residential, commercial, institutional, educational, or industrial
premises within the Township of Hillside.
A process by which materials which would otherwise be disposed
of as a solid waste are separated, collected, processed and converted
into economically valuable raw materials or products.
A for-profit business which collects, processes, sells, purchases
or converts recyclable materials.
Any solid waste facility utilized to separate or process
solid waste into marketable materials.
Any discarded materials.
Households and other dwelling units not defined as a commercial
source.
The collection, separation, recycling and recovery of metals,
glass, paper and other materials for reuse or for energy production.
Any facility which accepts solid waste for the purpose of
primarily generating energy or producing a fuel derived from solid
waste.
Includes items such as aluminum cans, cardboard, glass, used
newspapers and any other item which may be included through regulations
authorized by the Township Council.
Nonputrescible solid waste consisting of both combustible
wastes, such as paper, wrappings, cigarettes and cardboard and tin
cans, yard clippings, wood, glass, bedding and crockery, and similar
materials. "Rubbish" includes all of the accumulations and waste substances
from private houses and premises, boardinghouses, commercial and industrial
establishments and all public places and shall include discarded furniture,
appliances, equipment, grass, rakings of yards and lawn, when free
from earth and stones, building materials, refuse from any building
or refuse from old buildings which have been torn down or construction
refuse from renovations and repairs.
Garbage, refuse, litter and other discarded materials resulting
from industrial, commercial and agricultural operations and from domestic
and community activities and shall include all other waste materials
including liquids except for liquids which are treated in public sewage
treatment plants. Solid waste shall include:
Any garbage, refuse, sludge or any other waste
material.
An "other waste matter" is any solid, liquid,
semisolid or contained gaseous material resulting from industrial,
commercial, mining or agricultural operations or from community activities
which:
A material is "disposed of" for purposes of
this section and article if it is discharged, deposited, injected,
dumped, spilled, leaked or placed into or on any land or water so
that such material of any constituent thereof may enter the environment
or be emitted into the air or discharged into groundwater or surface
water.
The activity related to the collection and transportation
of solid waste from its source or location to a disposal site, a resource
recovery facility or a recycling facility.
The storage, treatment, utilization, processing, resource
recovery or final disposal of solid waste.
Includes all activities related to the collection and disposal
of solid wastes by any person engaging in such process.
Any container permitted herein to properly secure solid waste
consistent with the provisions of this article and includes mechanical
refuse container equipment.
At least one metal or plastic freestanding can or barrel
for each family unit residing on the premises. Nothing in this article
shall prohibit the additional use of plastic bags for the disposal
of solid waste during collection periods. Such plastic bags shall
be of appropriate thickness and strength to prevent them from tearing
or ripping when full.
A receptacle, can or barrel made of metal of a substantial
nature such as galvanized iron or plastic, so constructed as to prevent
spillage or leakage of its contents; or, in the alternate, plastic
bags during collection periods. They shall be waterproofed, not more
than 18 inches in diameter and 26 inches in height, not more than
30 gallons in capacity and, in the case of a can or barrel, equipped
with a pull handle or handles.
All waste material produced by any business, trade or industry
conducted for profit, as well as all solid waste from all commercial
sources as defined herein.
Any motor vehicle, car or truck that is used for a primary
or intended purpose of collecting and/or transporting solid waste
within the Township of Hillside.
The Township Council shall have power from time to time to establish and promulgate rules and regulations governing the removal and disposal of ashes, garbage and refuse and to carry out the terms and provisions of this article. A violation of any rule or regulation established by the Township Council shall be considered a violation of the terms of this article, and any person failing to comply with the rules and regulations shall be subject to the penalties provided in § 261-28.
A.
Equipment and labor expense of contractor. The contractor
shall at his expense perform and execute all of the work necessary
in the collection, removal and disposal of ashes, garbage and refuse.
The contractor shall furnish all vehicles, equipment and labor necessary
for the collection of rubbish and garbage.
B.
Collection of garbage and rubbish.
(1)
The contractor shall remove or cause to be removed
all offal, garbage and household refuse placed by the curb by dwelling
houses, stores and other buildings or premises in the Township (not
including buildings or premises in which steam power is used for manufacturing
purposes) and deposit the same outside the corporate limits of the
Township. The contractor shall furnish the Township Council with a
permit consenting to such deposit from the governing body or Board
of Health of the municipality in which the materials are to be disposed
of.
(2)
The contractor shall not permit any ashes, garbage
or refuse matter to be thrown, to fall or to leak on the streets or
sidewalks of the Township either by his employees engaged in emptying
the materials into the vehicles or from his vehicle while standing
upon or passing along the street. It shall be the duty of all employees
and persons engaged in the collection of the materials to gather up
and place in the vehicles all materials that may by chance fall or
be thrown upon the streets or sidewalks in the course of the removal
of the same.
(3)
On or after the date fixed and promulgated by the
Public Works Superintendent, it shall be mandatory for all persons
to separate the recyclable materials as designated by the Public Works
Superintendent for separate collection from all other solid waste
produced in or disposed of by such persons.
[Added 5-5-1987 by Ord. No. G-270-87]
(4)
On the dates and in the manner set forth in the regulations
promulgated hereunder, the recyclable materials shall be placed at
curbside for collection by the contractor.
[Added 5-5-1987 by Ord. No. G-270-87]
(5)
From the time of placement at the curb by any person
or persons of any recyclable material for collection by the Township
of Hillside pursuant to the program established hereby and the rules
and regulations issued hereunder, such materials shall become the
property of the Township of Hillside and it shall be a violation of
this article for any person other than authorized personnel of the
Department of Public Works, contractor or the resident to collect,
pick up or cause to be collected or picked up such materials. Each
such collection in violation hereof from one or more persons during
said period shall constitute a separation and distinct offense.
[Added 5-5-1987 by Ord. No. G-270-87]
(6)
This subsection shall not prohibit or restrict any
owner, agent, lessee or occupant of premises from making his or her
own arrangements for private collection of its recyclable materials
or garbage, provided that notice of said private arrangement or agreement
is registered with the Department of Public Works, and provided further
that the recyclable materials are not placed at curbside on or immediately
preceding regular municipal collections.
[Added 5-5-1987 by Ord. No. G-270-87]
(7)
The Township of Hillside is not required to collect
solid waste from any occupant or owner who includes newspaper, glass
or used aluminum cans with his or her solid waste or does not place
and contain with separated items for collection in accordance with
this article or authorized regulation.
[Added 5-5-1987 by Ord. No. G-270-87]
(8)
The Township Council may, in accordance with its statutory
authority, negotiate and enter into franchises or agreements with
qualified persons to make collection of one or more of said recyclable
materials and for the sale or disposition of said recyclable materials
for the resultant benefit of the municipality.
[Added 5-5-1987 by Ord. No. G-270-87]
C.
Preparation of garbage for collection; containers.
All property owners, tenants or persons in possession are required
to provide durable garbage containers equipped with a portable top.
All newspapers and other paper material, including cardboard and cartons,
shall be securely wrapped in bundles convenient for handling and so
as to prevent separation and blowing about by the wind, and all cartons
shall be broken down so as to be wrapped as flat pieces of cardboard.
The use of paper cartons, baskets and wooden boxes in the disposal
of garbage is prohibited. Durable plastic bags suitable for garbage
container use may be used for collection purposes only.
[Amended 7-15-1975 by Ord. No. G-71-75]
D.
Placement at curb; hours of collection.
(1)
Placement at curb. All containers used for the disposal
of materials shall be placed at the curbline not more than 12 hours
before the time fixed for the collection thereof by the contractor
and shall be removed from the curbline within 12 hours after being
emptied.
(2)
Hours of collection. The date and hours of collection
and the regulations governing the disposal of these materials shall
be made known to all residents of the Township, who shall be furnished
with a card containing the rules and regulations provided by this
article or hereafter promulgated by the Township Council.
E.
Regulations.
[Added 5-5-1987 by Ord. No. G-270-87]
(1)
Subject to the approval of the Township Council, the
Public Works Superintendent and the Municipal Engineer are authorized
to establish and promulgate reasonable regulations for administration
and publication of the procedures and manners of collection provided
for by this article.
(2)
Said regulations shall be published and circulated
within the Township at least 30 days prior to the effective date of
the regulations.
(3)
The regulations shall be subject to amendment, modification
or supplementation by the Township Council.
F.
Administration and enforcement. The Health Department, Building Department, Police Department and Department of Public Works are hereby authorized and empowered to perform solely with respect to the enforcement of the provisions of this article by being empowered to issue summonses for any violation of this article, except hazardous waste and Subsection D of the definition of "solid waste" found in § 261-2 of this article only enforceable by the Health Department thereof in accordance with the rules governing the courts of the State of New Jersey.[1]
[Added 3-7-1989 by Ord. No. G-290-89]
[1]
Editor's Note: Former Subsection G, Enforcement, added 5-5-1987
by Ord. No. G-270-87, which immediately followed this subsection,
was repealed 8-20-2013 by Ord. No. O-13-011.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall prevent or interfere with any
Township agent or employee in the discharge of his or her duties in
the enforcement of this article and the Code of the Township of Hillside.
[Added 3-7-1989 by Ord. No. G-290-89]
It shall be the duty of any owner, tenant or
person in possession of any lands in the Township:
A.
To keep all lands at all such times free of brush,
high weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris, where the same are inimical to the
preservation of public health, safety or general welfare of the Township,
may constitute a fire hazard or are harmful to the aesthetic appearance
of the neighborhood. This section shall not be construed to prohibit
the storage of refuse in proper receptacles for collection.
B.
The owner may designate another person to be responsible
for maintaining the premises free of litter and refuse by filing a
notice with the Health Department and Building Department, describing
the name and address of the person responsible for maintaining the
premises free of litter. The person so designated shall be jointly
responsible with the owner for maintaining the premises free of debris,
litter and solid waste.[1]
[1]
Editor's Note: Former Subsection C, Violations and penalties,
added 8-10-2004, which immediately followed this subsection, was repealed
8-20-2013 by Ord. No. O-13-011.
[Added 3-7-1989 by Ord. No. G-290-89; amended 3-25-2008]
A.
It shall he unlawful for any person to dispose of,
deposit, discharge, throw, drop, place or dump or spill or to allow
or permit the dumping, disposing of, depositing or placing of any
litter, other than in a proper solid waste or litter receptacle, solid
waste, refuse, rubbish, trade waste, medical waste or hazardous waste
or other material in this article upon or in any land or public or
private place or waterway or stormwater system within this Township.
B.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
[Added 3-7-1989 by Ord. No. G-290-89]
A.
All property owners, tenants or persons in possession
are required to provide durable garbage containers equipped with portable
tops. All newspapers and other paper material, including cardboard
and cartons, shall be securely wrapped in bundles convenient for handling
and so as to prevent separation and blowing about by the wind, and
all cartons shall be broken down so as to be wrapped as flat pieces
of cardboard. The use of paper cartons, baskets and wooden boxes in
the disposal of garbage is prohibited. Durable plastic bags suitable
for garbage container use may be used for collection purposes only.
It shall be unlawful for any person to store or permit storage of
any bulky household waste, except in a full receptacle or enclosure
or during days designated for the collection of such items.
B.
All refrigerators placed on the curbside on a Township
street for removal must have the door removed from the same and separately
placed on the street for collection.
[Added 1-2-1992 by Ord. No. G-314-92]
[Added 3-7-1989 by Ord. No. G-290-89]
A.
Solid waste which has been declared by the Health
Department as being hazardous waste or medical waste or other recyclable
materials or special wastes, and which has been declared as being
unacceptable for collection and removal to solid waste transfer stations
or disposal at sanitary landfills or resource recovery facilities,
shall not be placed for collection by the Township contractor but
shall be disposed of by the generator or owner in accordance with
laws and regulations of the State of New Jersey at the expense of
the generator or owner.
B.
Whenever any person fails, neglects or refuses to
remove said medical waste from outside of any premises, the removal
shall be arranged according to the provisions as set forth in this
article.
[Added 3-7-1989 by Ord. No. G-290-89; amended 12-1-2009 by Ord. No. O-09-29]
It shall be unlawful for any person to keep
or permit the keeping, on streets, vacant lots and any outdoor portion
of residential property including driveways, except in a fully enclosed
structure, any motor vehicle, trailer or semitrailer which is missing
tires, wheels, engine or any essential parts; or which displays extensive
body damage or deterioration; or which does not display a current,
valid state license; or which is wrecked, disassembled or partially
disassembled; or which is generally considered as being in an inoperable
condition.
[Added 3-7-1989 by Ord. No. G-290-89]
For purposes of health, safety and aesthetics,
it shall be unlawful for any owner or person in possession to park
or permit to be parked, motor vehicles on the front or side or rear
yards which are considered as being lawn, garden or buffer areas.
[Added 3-7-1989 by Ord. No. G-290-89]
It shall be unlawful for any residential property
owner or commercial establishment to store or permit the storage of
tires, except in a fully enclosed structure or on days designated
for the collection of tires.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall drive or move any truck or other
vehicle unless the vehicle is so constructed or loaded as to prevent
any litter, refuse or solid waste from being blown or deposited upon
any street, alley or other public or private place. No person shall
drive or move any vehicle or truck if the wheels or tires carry onto
or deposit in any street, alley or other public place mud, dirt, liquid
substances or foreign matter of any type described herein.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit refuse, litter
or solid waste from a vehicle upon any street or other public or private
place.
[Added 3-7-1989 by Ord. No. G-290-89]
Every person distributing or offering for sale
in any street or public place any food or drink for consumption shall
provide in a conspicuous place a receptacle for all refuse. The vendor
shall maintain and empty the receptacle in such a manner and with
such a frequency so as to prevent the spillage of refuse, litter or
solid waste.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall use any litter or refuse receptacle
placed on public property by the Township or on private property for
the deposit of residential or commercial solid waste, refuse, rubbish,
garbage or other waste material.
[Added 3-7-1989 by Ord. No. G-290-89]
No person, including merchants owning or occupying
a place of business, shall sweep into or deposit in any gutter, street
or other public place or adjoining private property within the Township
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying property
shall keep the sidewalk in front of their premises free of litter.
[Added 3-7-1989 by Ord. No. G-290-89]
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain or empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall cast or cause to be cast or
placed any advertisement, handbill, circular or paper on any public
street, on sidewalks, into any vestibules or yards, upon porches of
any dwelling house or other buildings or into any vehicle while on
the public highway or on private property within the Township, except
that advertisements, handbills, circulars and papers may be distributed
in the Township, provided that they are securely placed at each dwelling
so as not to be blown away by the wind. This section shall not apply
to newspapers and addressed envelopes delivered to subscribers and
addresses.
[Added 3-7-1989 by Ord. No. G-290-89]
A.
No person shall throw or deposit any handbill in or
upon any sidewalk, street or other public place.
B.
No person shall hand out or distribute or sell any
handbill in any public place; provided, however, that it shall not
be deemed unlawful for any person to hand out or distribute without
charge.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit litter on any
open or vacant private property, whether owned by such person or not.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit litter in any
park except in public receptacles and in such a manner as to prevent
such litter from being carried or deposited by the elements upon any
part of the park or upon any street or other public place. Where public
receptacles are not provided, all litter shall be carried from the
park by the person responsible for its presence and shall be properly
disposed of elsewhere.
[Added 3-7-1989 by Ord. No. G-290-89]
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water.
[Added 3-7-1989 by Ord. No. G-290-89]
No person who owns or occupies a place of business
shall sweep into or deposit in any gutter, street or other public
place the litter from any building or lot or from any public or private
sidewalk or driveway. Every person who owns or occupies a place of
business shall keep the sidewalk and/or public way in front of his
business premises free of litter.
[Added 3-7-1989 by Ord. No. G-290-89]
Exterior property areas and vacant lots shall
be free of all weeds and brush, whether noxious or harmless. A growth
higher than six inches above the ground shall be considered to be
weeds.
[Added 3-7-1989 by Ord. No. G-290-89]
A.
Any location at which any person, property owner or
tenant utilizes and maintains mechanical refuse container equipment
shall be so located that it will not cause a health problem or create
a nuisance for the general public or for owners or residents of the
property in question or of abutting properties. At no time shall said
equipment or solid waste be stored under or next to windows or immediately
next to the doors of adjacent dwellings or buildings to said equipment
or solid waste. Equipment as described shall not block pedestrian
traffic or shall not be placed on any right-of-way except during periods
of disposal and removal.
B.
Placement and storage or receptacles. Receptacles
awaiting collection shall be stored or kept in such places so as to
ensure that said receptacles do not cause a health problem or create
a nuisance for the general public or for owners or residents of the
property or of abutting properties. No containers shall be stored
in the street, on the curb or in a public right-of-way except during
authorized periods of solid waste collection.
(1)
No mechanical refuse container equipment may be placed
on a street or public right-of-way without a permit. An application
for a permit must be submitted to the Health Department with the required
fee. The applicant shall specify thereon the size and location of
the equipment and the duration of time said equipment will be at the
location. If such equipment is to occupy the street or public right-of-way
for 24 hours or less, the applicant shall pay the required fee by
mail or in person within 24 hours, exclusive of weekends and holidays,
after placement of the equipment. If the equipment is to be used for
more than 24 hours, the applicant must receive a permit prior to placement.
(2)
Any person engaged in the business of furnishing solid
waste equipment, disposal bins, containers, dumpsters and mechanical
receptacles and persons who are responsible for maintaining the same
shall maintain said equipment in good repair. Said persons shall remove
accumulations of solid waste or clean solid waste equipment or remove
the equipment from the premises when it is believed by the enforcing
official that the equipment is causing a public health nuisance or
is a threat to the public health or safety. Failure to comply with
the notification by the health official after a twelve-hour notification
may result in the impounding of said equipment.
(3)
It shall be unlawful for anyone to permit overflowing
solid waste disposal equipment, disposal bins, mechanical receptacles,
dumpsters, containers, compactors and bailors. Said equipment containing
or designated to hold putrescible or garbage-type wastes shall be
provided with operable lids or effective covering. Said equipment
and premises shall be maintained in a sanitary manner and free from
vermin and pests.
(4)
Any receptacle which is badly damaged and fails to
meet the requirements of this article or refuse collection contract
as authorized pursuant to this article may be considered as rubbish
and removed by the collector contractor.
(5)
The fee for a permit shall be the sum of $25 per container
per location. In addition thereto, no permit shall be issued until
and unless the applicant has posted an annual deposit with the Health
Department in the amount of $1,000. The deposit will cover all permits
which are issued during a one-year period and shall be used to defray
the costs of any damage or removal which may occur as the result of
the placement of mechanical refuse container equipment. The applicant
shall be required to maintain this deposit at all times during the
year. At the end of the year the remaining balance, if any, shall
be returned to the applicant or may be applied toward the next annual
deposit of $1,000. The posting of a deposit shall not be deemed to
waive any additional rights which the Township may have to pursue
any claims for damage.
(6)
The duration and the location for which a permit shall
be issued are subject to the discretion of the Health Department.
(7)
Each permit shall be deemed issued subject to and
controlled by the provisions of this article and of other applicable
ordinances and regulations of the Township.
(8)
Mechanical refuse container equipment shall prominently
display the name, address and telephone number of the owner thereof
and shall be fitted with reflectors for night safety in such a manner
as to indicate the height and width of the same.
(9)
Mechanical refuse container equipment in violation
of this article may be impounded by the Police Department after 12
hours' written or verbal notice given to the owner, agent of owner
or person in possession thereof by the Health Department and/or by
the Chief of Police.
(10)
Notwithstanding the above, any mechanical refuse
container equipment situated in such a manner as to obstruct an adjacent
owner's driveway or create a traffic or road hazard may be impounded
immediately by the Police Department.
(11)
Mechanical refuse container equipment impounded
pursuant to the subsections above shall be towed or transported to
locations within the Township designated by the Chief of Police. Whenever
such equipment is impounded as provided herein, the Police Department
shall, within five days therefrom, send a notice of such fact to the
owner thereof by certified mail, return receipt requested, and regular
mail.
(12)
Any owner of impounded mechanical refuse container
equipment or person acting on his behalf desiring to redeem the same
shall first pay a service or towing charge of $150 and, in addition,
a storage charge of $30 per day for the time the impounded equipment
was held in storage. The above charges and costs are in addition to
other penalties that may be imposed for violation of any provisions
of this article.
(13)
Whenever any mechanical refuse container equipment
impounded by the Police Department shall remain unclaimed by any person
having the right to possession of the same for a period of 30 days,
it may be used by the Township or, alternately, sold at public auction
to the highest bidder. Such auction sale shall take place after notice
of such sale has been given at least seven days prior thereto, by
publication in a newspaper circulating in the Township and upon mailing
of a copy of said notice to the owner of the equipment by regular
mail and registered mail, at least seven days prior to the sale.
[Added 3-7-1989 by Ord. No. G-290-89]
A.
The Health Department or duly designated agent is
authorized and empowered to notify the owner of any lands or the person
in possession or the tenant or agent of such owner prior to removal
by the Township to dispose properly of solid waste, garbage or litter,
high weeds, grass or brush located on such property. Notice shall
be by registered or certified mail, addressed to said tenant or owner
or his agent at the last known address or served personally upon said
tenant, owner or his agent and upon posting said notice upon the land,
if unable to effectuate service.
B.
Upon the failure, neglect or refusal of any tenant,
owner or agent so notified to comply and to dispose properly of said
litter within 10 days after receipt of written notice specified in
this section, or within 10 days after the date of such notice in the
event that it is returned to the Township by the post office because
of inability to make delivery thereof, provided that the notice was
properly addressed to the last known address of the tenant, owner
or agent, the Department of Public Works or its duly designated agent
is authorized and empowered to pay for disposing of such material
or to order its disposal by the Township.
C.
When the Township has effected the removal of the
material or has paid for its removal, the actual cost thereof shall,
unless paid by the owner prior thereto, be charged to the owner of
the property on the next regular tax bill forwarded to the owner by
the Township. The charge shall be due and payable by the owner at
the time established for payment of the tax bill.
D.
Where the full amount due the Township is not paid
by the owner within 30 days after the disposal of such material, then
and in that event the Department of Public Works or its duly designated
agent shall cause to be recorded in the Municipal Clerk's office a
sworn statement showing the cost and expense incurred for the work,
the date the work was done and the location of the property on which
said work was done. The recordation of such sworn statement shall
constitute a lien on the property and shall remain in full force and
effect for the amount due in principal and interest, plus costs of
court and counsel fees, if any, for collection, until final payment
has been made. Said costs and expenses shall be collected in the manner
fixed by law for the collection of taxes and shall be subject to a
delinquent penalty at the same rate of taxes in the event that they
are not paid in full on or before the date the tax bill upon which
the charge appears becomes delinquent. Sworn statements recorded in
accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily and shall be full notice
to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided
by law.
[Added 3-7-1989 by Ord. No. G-290-89]
A reward of up to $500 shall be paid to any person or persons providing information leading to the detection and apprehension of any person found guilty of violating § 261-6 of this article. The reward is to be payable after conviction out of a fund established for this purpose, but no such reward may be paid to any public employee or agent of the Township whose duty it is to investigate or enforce the law. The Clerk of the Township is authorized to award the reward with the concurrence of the Township Council. A reward shall be payable only when an equal fine has been assessed and collected by the Township.
[Added 3-7-1989 by Ord. No. G-290-89]
A.
Any person found guilty of violating any provision
of this chapter, for which a specific consequence for violations is
not set forth herein, shall for a first offense be subject to a fine
of $250, with court costs, no court appearance required; and shall
for a second and subsequent offenses be subject to a fine of not less
than $500 nor more than $1,000, with court costs and a mandatory court
appearance; or be subject to imprisonment for a term not exceeding
90 days, or both.
B.
Each violation, and each day a violation is committed
or permitted to continue, shall constitute a separate violation and
shall be punishable as such.
C.
In addition to the penalties outlined above, any person
found guilty of violating any provision of this article may be assessed
the treble costs of clean up, investigation and counsel fees.
[Amended 8-20-2013 by Ord. No. O-13-011]
D.
Nothing in this article shall be construed to impair
or limit in any way the power of the Township of Hillside to define
and declare nuisances and to cause their removal and abatement by
summary proceedings or otherwise. This chapter is not intended to
limit or impair the authority of the Township to abate nuisances.[1]
[Amended 8-20-2013 by Ord. No. O-13-011]
[1]
Editor's Note: Former Subsection E, regarding violations and
penalties, added 9-10-2002, which immediately followed this subsection,
was repealed 8-20-2013 by Ord. No. O-13-011.
[Adopted 6-12-2012 by Ord. No. 0-12-012[1]]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 262 but was renumbered to maintain the organizational structure
of the Code.
As used in this article, the following terms shall have the
definitions set forth hereinbelow:
Retail, wholesale, restaurants, taverns, schools, institutions
(including government), warehouses, construction sites, factories,
offices, etc., but specifically excludes fairs, parks, concerts and
other temporary outdoor events.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Constitutes a subset of electronic waste which shall include
only the following: a computer central processing unit of a laptop
computer or desktop computer; a cathode-ray tube; a cathode-ray-tube
device; a flat-panel display or similar video display device with
a screen that is greater than four inches measured diagonally and
that contains one or more circuit boards, including a television;
and cell phones.
Those materials designated below that shall be source-separated
for the purpose of recycling. These materials include:
Designated materials for residential waste generators:
|
Aluminum, tin, and steel
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Corrugated cardboard
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Glass containers
| |
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Grass, brush, and leaves
| |
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Household batteries
| |
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Leaves
| |
|
Mixed paper
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|
Motor oil
| |
|
Motor oil filters
| |
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Newspaper
| |
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Office paper
| |
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Plastic containers (No. 1 and No. 2)
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Tires
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Universal waste
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Vehicle batteries
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White goods (air conditioners and refrigerators)
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Wood
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Designated materials for commercial, institutional and industrial
waste generators:
|
Aluminum, tin, and steel
| |
|
Computers and peripherals
| |
|
Corrugated cardboard
| |
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Fluorescent bulbs
| |
|
Glass containers
| |
|
Grass, brush, and leaves
| |
|
Household batteries
| |
|
Leaves
| |
|
Masonry (asphalt, brick, block, and concrete)
| |
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Mixed paper
| |
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Motor oil
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Motor oil filters
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Newspaper
| |
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Office paper
| |
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Plastic containers (No. 1 and No. 2)
| |
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Tires
| |
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Universal waste
| |
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Vehicle batteries
| |
|
White goods (air conditioners and refrigerators)
| |
|
Wood
|
A computer central processing unit ("CPU") and associated
hardware, including keyboards, modems, printers, scanners and fax
machines; a cathode-ray tube; a cathode-ray-tube device; a flat-panel
display or similar video display device with a screen that is greater
than four inches measured diagonally and that contains one or more
circuit boards, including a television; and cell phones.
Any building or structure, or complex of buildings, in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include hotels, motels or other guesthouses
serving transient or seasonal guests as those terms are defined under
Subsection (j) of § 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The Township of Hillside, New Jersey.
The person or persons appointed by the Township Council and
who shall be authorized to, among other things, enforce the provisions
of this article, and any rules and regulations which may be promulgated
hereunder.
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Township
of Hillside.
Those materials which would otherwise become solid waste
and which may be collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Recyclable materials which are separated from solid waste
at the point of generation, by the generator thereof, for the purposes
of recycling, including, where applicable, universal waste.
The process by which recyclable materials are separated from
solid waste at the point of generation, by the generator thereof,
for the purposes of recycling.
A specific hazardous waste stream that has been designated
by the Environmental Protection Agency (EPA) or those waste streams
identified in the New Jersey Universal Waste Rule (N.J.A.C. 7:26A-7).
Only the following materials may be managed as universal waste:
A.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial premises, as well as government, schools and other institutional
premises within the Township of Hillside, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be deposited separate and apart from other solid waste generated by
the owners, tenants or occupants of such premises and shall be placed
separately at the curb or other designated location(s) in a manner
and on such days and times as may be hereinafter established by regulations
promulgated by the Township of Hillside.
B.
Exemptions. Certain persons occupying commercial or institutional
premises (hereinafter also referred to as a "commercial/institutional
generator") within the Township of Hillside may obtain an exemption
from the source-separation requirements contained within this article
if they demonstrate that they meet the specified exemption criteria.
To be eligible for an exemption pursuant to this article, a commercial
or institutional generator of solid waste shall file an application
for exemption with the Municipal Recycling Coordinator on forms to
be provided for this purpose. The form shall include, at a minimum,
the following information:
(1)
The name of the occupant of the commercial or institutional premises;
(2)
The street address location and lot and block designation upon which
the premises is located;
(3)
The name, official title and phone number of the person making application
on behalf of the occupant of the commercial or institutional premises;
(4)
The name, address, official contact person and telephone number of
the facility which provides the recycling services provider for the
applicant's designated recyclable materials;
(5)
A certification by the applicant indicating that:
(a)
The applicant's designated recyclable materials will be
recycled; and
(b)
On no less than an annual basis, said recycling services provider
or commercial/institutional generator shall provide written documentation
to the Municipal Recycling Coordinator of the total number of tons
collected and recycled for each designated material.
The collection of recyclable material shall be in the manner
prescribed, as follows:
A.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or, in the absence of curb and sidewalk, as near to the street as
not to constitute a danger, where such receptacles shall be readily
accessible to the collector without providing obstruction to pedestrians.
The owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 6:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, all containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
A.
The owner of every residential property shall be responsible for
compliance with this article. Citizens are responsible for source-separating
all designated recyclable materials according to this article and
delivering all designated recyclable materials to the Township of
Hillside's collection system (including curbside collection and
the Township's electronic waste dropoff center and used-motor-oil
dropoff center). All designated recyclable materials must be source-separated.
No designated recyclable materials are permitted to be placed in or
mixed with garbage put out for garbage collection. No garbage is permitted
to be placed in or mixed with recyclable materials which are placed
in the Township of Hillside's recyclables collection system.
B.
For multifamily unit residential dwellings, the owner and manager
are jointly responsible for the following:
(1)
Establishing and maintaining a recycling system for the premises
and ensuring that recycling is carried out on the premises in compliance
with the requirements of this article. The property owner/manager
is responsible for setting up and maintaining the recycling system.
The property owner/manager is responsible for receiving and responding
to warnings, notices of violation, and penalty assessments and for
correcting violations. The property owner/manager will be expected
to correct violations promptly and to make necessary direct contacts
with residents.
(2)
The recycling system must provide for all designated recyclables
in the residential waste stream. The recycling system may utilize
separate containers for each recyclable material, or it may provide
for two or more materials to be placed in one container, provided
that the recycling transporter can collect commingled materials. Containers
must be clearly marked and the area neatly maintained. Container capacity
must be adequate to hold the amount of materials generated between
pickups. It must be clear to an inspector that the system is being
serviced.
(3)
Ensuring that the system is being used properly by employees and
tenants. There must not be garbage in the recycling containers or
recyclables in the garbage containers. The property owner/manager
is responsible for resolving problems which may arise from the improper
use of containers and for training employees and tenants to properly
understand and use the recycling system.
(4)
Written notification of recycling collection rules ("notice") shall
be issued by the owner/manager to new tenants on or prior to the initial
date of occupancy and to all residents on a quarterly basis. Copies
of the quarterly notice, or other proof of distribution of the notice,
must be provided to the Municipal Recycling Coordinator at the time
of each quarterly notice mailing or distribution, but not later than
two weeks after the first day of each calendar year quarter (January
1, April 1, July 1, and October 1).
(5)
In the event that the property owner/manager chooses not to utilize
the Township's curbside recyclables collection program, then
the property owner/manager is responsible for arranging to have recyclables
collected by a properly registered recycling transporter and for resolving
any problems with the transporter of recyclables. In addition, a property
owner/manager choosing to utilize its own recycling transporter shall
comply with the following:
(a)
The property owner/manager must arrange to obtain sufficient
documentation from the recyclables transporter in order to report
the actual tonnages of materials recycled at the subject property
at least once per year. The property owner/manager may also satisfy
this requirement by arranging to have the recyclables transporter
provide such documentation directly to the municipality. In the event
that the owner/manager arranges for the transporter to report directly
to the municipality, the owner/manager remains obligated to maintain
documentation demonstrating that its obligations to report annual
tonnages have been satisfied. In the event that the municipality provides
recyclables collection service to the subject property, annual tonnage
reporting and proofs are not required to be made or maintained under
this section.
(b)
Single- or dual-stream recycling. Multifamily dwelling property
owners/managers may opt to collect recyclables in a single stream
or dual stream (fiber, commingled), provided that the receiving facility
has the ability to separate and maximize the capture rate of the designated
recyclables.
A.
The owner/operator of commercial or institutional premises or, in
the case of a construction site, the contractor (hereinafter referred
to within this section as the "responsible party") shall ensure that
a recycling system is established and that it is operated in compliance
with the requirements of this article. The responsible party shall
set up and maintain an on-site recycling system. The responsible party
is responsible for receiving and responding to warnings, notices of
violation, and penalty assessments and for correcting violations promptly.
For purposes of this section, in the event that the identity of the
contractor cannot be determined, then the owner of the property shall
be deemed the responsible party.
B.
The recycling system must be established and maintained so that it
is conveniently accessible to users. The recycling system must provide
for the recycling of all designated recyclables in the commercial/institutional
waste stream. The recycling system may utilize separate containers
for each recyclable material, or it may provide for two or more materials
to be placed in one container, provided that the recyclables transporter
can take the materials commingled. Containers must be clearly marked
and the area neatly maintained. Container capacity must be adequate
to hold the amount of materials generated between pickups. It must
be clear to the inspector that the system is being serviced.
C.
The responsible party must ensure that the recycling system is being
used properly by employees, customers and tenants. There must not
be garbage in the recycling containers or recyclables in the garbage
containers. The responsible party shall instruct all employees, tenants
and customers as to the obligation to use, and the methods for using,
the recycling system. The responsible party shall resolve all problems
which may arise from the use of, or failure to use, the recycling
system.
D.
If tenants, customers or employees are involved in the waste disposal
process (i.e., fast-food stores or company cafeterias), the recycling
system must take this participation into account and provide for ready
recycling of appropriate materials, and the responsible party shall
furnish adequate written notice to tenants, customers and employees
as to their respective responsibilities.
E.
The responsible party shall arrange for recyclables to be removed
from the premises and for assuring that such materials ultimately
enter the recyclables market. The responsible party shall arrange
to have recyclables collected by a properly registered recycling transporter
and shall resolve any problems with the transporter of recyclables.
F.
The responsible party shall arrange to obtain documentation from
the applicable recyclables transporter(s) sufficient to report the
actual tonnages of materials recycled from the subject premises at
least once per year. The tonnage report shall be filed with the Recycling
Coordinator no later March 1 of each year for the preceding year's
recycling tonnages. The responsible party may satisfy this requirement
by arranging to have the recyclables transporter(s) provide such documentation
directly to the municipality. In the event that the responsible party
arranges for the transporter to report directly to the municipality,
the responsible party remains obligated to maintain documentation
demonstrating that its obligations to report annual tonnages have
been satisfied and to alert the Recycling Coordinator as to such arrangement.
In the event that the municipality provides recyclables collection
service to the subject property, annual tonnage reporting and proofs
are not required to be made or maintained under this section.
G.
Single- or dual-stream recycling. Commercial and institutional establishments
may opt to collect their recyclables in a single stream or dual stream
(fiber, commingled), provided that the receiving facility has the
ability to separate and maximize the capture rate of the designated
recyclables.
H.
Recycling containers. Commercial and institutional establishments
that have outdoor garbage containers for their customers must also
have outdoor recycling containers. There must be sufficient recycling
containers for any mandated recyclables in the commercial/institutional
waste stream.
I.
At the beginning of each school year, all schools must provide written
notice, to all students, teachers, and other staff, of the recycling
requirements. The notice must contain a contact number to call if
they observe any problems associated with recycling or if recycling
is not properly occurring.
J.
Single-stream recycling of mixed classes of construction recyclables.
So long as the practice is permitted by the New Jersey Department
of Environmental Protection (NJDEP), construction/demolition sites
may opt to collect all recyclables in one container, provided that
there are no other nonrecyclable materials (including solid waste)
in that container. To qualify for this provision, recyclables must
be transported to a recycling facility or materials recovery facility
(MRF) that is properly permitted by the NJDEP and has certified that
they have the ability to separate out and maximize the capture rate
of the mandated materials. The specific materials that may be commingled
together will be determined by the provisions in the receiving facility's
permit or other formal operating approval. Only MRFs that have entered
into an agreement with the Union County Utilities Authority are permitted
to lawfully accept recyclable construction materials generated from
within the Township of Hillside. The Union County Utilities Authority
maintains a list of such MRF facilities.
K.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products and maintain such records, as may be prescribed, for inspection by any code enforcement officer. All food service establishments, in addition to the reporting requirements contained within the Township Code at § 253-45B, governing the reporting of grease and cooking oil use, treatment and disposal, shall report to the Township Recycling Coordinator for the subject quarter the following information: the amount of grease and cooking oil recycled and the name, address, phone number and contact person for each recycling entity or entities collecting their grease and/or oil. The required reports shall be due on the 15th day of January, April, July and October of each year.
A.
For each outdoor event, the event organizer, property owner and operator
of the location at which such an event takes place (hereinafter referred
to within this section as the "responsible parties") are jointly responsible
for providing a recycling system that is operated in compliance with
the requirements of this article.
B.
The recycling system must provide for the collection in appropriate
containers, of any mandated recyclables generated at the event. It
must be clear to an inspector that the system is being serviced. Containers
must be clearly marked and the area neatly maintained. There must
not be garbage in the recycling containers or recyclables in the garbage
containers. Container capacity must be adequate to hold materials
between pickups. There must be sufficient recycling containers for
any mandated recyclables generated at the event.
C.
The responsible parties for the event location are jointly responsible
for arranging for recyclables to be removed from the premises and
for ensuring that they are taken to an approved recyclables market.
The owner/operator/contractor may make arrangements to deliver the
recyclables to the municipal collection system (dropoff center or
curbside collection) if permitted by the municipality. Otherwise,
the responsible parties are jointly responsible for arranging to have
recyclables collected and transported and for resolving any problems
with the transporter of the recyclables.
D.
The recycling system must be made accessible and available to all
patrons, customers and employees. Notices/signs must be provided to
ensure that all are aware of their responsibilities.
E.
The responsible parties are jointly responsible for obtaining pertinent
documentation in order to report, and shall report to the Recycling
Coordinator, the tonnages of materials recycled at least once per
year, or else they must arrange to have the collector provide that
documentation directly to the Recycling Coordinator.
F.
Single- or dual-stream recycling. The recycling system may utilize
separate containers for each recyclable material, or it may provide
for two or more materials to be placed in one container. The responsible
parties may opt to collect recyclables in a single stream or dual
stream (fiber, commingled), provided that the receiving facility has
the ability to separate and maximize the capture rate of the designated
recyclables.
Pursuant to N.J.S.A. 13:1E-99.13(a) and 13:1E-99.16(c):
A.
Any application to the Hillside Township Planning Board for subdivision
or site plan approval for the construction of multifamily dwellings
of three or more units, single-family developments of 50 or more units
or any commercial, institutional or industrial development proposal
for the utilization of 1,000 square feet or more of land must include
a recycling plan. This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
(2)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, and convenient
location and shall contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Hillside, the owner of any new multifamily housing or commercial,
institutional or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
A.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the bag or container contains designated recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such nonseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local Sanitary
Code.
C.
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
The Public Works Department Code Enforcement Official, the Department
of Health, the Building Department Code Enforcement Officials, the
Police Department, the Union County Office of Health Management and
the Union County Utilities Authority are hereby individually and severally
empowered to enforce the provisions of this article. An inspection
may consist of, but is not limited to, sorting through bags and other
containers to detect the presence of solid waste and/or any recyclable
materials.
A.
Any person or entity that violates or fails to comply with any provision
of this article or any of the rules and regulations promulgated hereunder
shall, upon conviction thereof, be punishable by a fine of not less
than $25 nor more than $2,000 for a first offense and by a fine of
not less than $50 nor more than $2,000 for a second offense and subsequent
offenses. In addition to a mandatory fine, violators may also be subject
to a period of community service of not less than five days but not
to exceed 90 days. Each day for which a violation of this article
occurs shall be considered a separate offense.
B.
Fines levied and collected by the Township pursuant to the provisions
of this article shall be immediately deposited into a Municipal Recycling
Trust Fund, which fund is hereby authorized to be, and shall be, established
by the Township's Chief Financial Officer for the purposes expressed
herein. Monies in the Municipal Recycling Trust Fund shall be used
for the expenses of the municipal recycling program, including but
not limited to the employment of enforcement officers, equipment,
and other employees necessary to discharge the Township's obligations
to abide by and enforce this article.
