[HISTORY: Adopted by the Bloomfield Board
of Health 12-1-1976 as Ch. 14 of the 1976 Revised Ordinances (Ch. 340 of the 1987 Code);
amended in its entirety 5-18-2017 by BOH Ord. No. 003-2017. Subsequent amendments noted
where applicable.[1]]
A.
As used in this chapter, the terms "motor vehicle," "omnibus," "road
tractor," "trailer," "truck," "truck tractor" and "vehicle" shall
have the meanings stated and as defined in N.J.S.A. 39:1-1 et seq.
B.
BULK WASTE/ITEMS
COMMERCIAL WASTE
CONTAINER(S) PLACEMENT AND COLLECTION
CONTRACT
MULTIFAMILY
NUMBER OF RECEPTACLES
PAYABLE FINE
PROOF OF COLLECTION SERVICE
PUTRESCIBLE
REFUSE
REGULAR SOLID WASTE COLLECTION SERVICE
REGULAR SOLID WASTE GENERATOR
SOLID WASTE
SOLID WASTE COLLECTION
SOLID WASTE CONTAINER
SOLID WASTE FACILITIES
SUITABLE RECEPTACLES/DISPOSAL METHOD
SUITABLE RECEPTACLES/DISPOSAL METHOD FOR VEGETATIVE WASTE (i.e.,
limbs, branches, loose wood, brush, etc.)
SUITABLE RECEPTACLES/DISPOSAL METHOD FOR YARD WASTE
VEGETATIVE GROWTH/WASTE
YARD GROWTH/WASTE
As used in this chapter, the following terms shall have the meanings
indicated:
Large residential waste, Type 13 DEP designation, and includes
white metals but excludes construction debris.[1]
Any waste Type 10 DEP designation, as defined by N.J.A.C.
7:26-2.13, generated by wholesale, retail, or service establishments.
The time allowed to place and remove suitable receptacles
and the time of collection.
An arrangement for the provision of services on a regular
basis. A contract does not have to be in writing unless state law
requires it to be in writing.
Any housing in which three or more units of dwelling space
are occupied or are intended to be occupied by three or more persons
who live independently of one another.
Each residential or commercial establishment shall be responsible
for providing a sufficient number of suitable receptacles to contain
all waste that accumulates between collections.
A fine imposed for the violations noted, paid directly to
the court. A court appearance is not required, unless a plea of not
guilty is entered.
A written record, log, bill or document evidencing receipt
of service for the collection of solid waste for the preceding month
from a person lawfully engaging in private solid waste collection
services within the Township of Bloomfield.
Waste composed of or comprising some portion of animal, vegetable
or other organic matter that is capable of decay or decomposition
during storage or awaiting collection, such as food or food products
or animal waste, that will create offensive odors or liquids and be
food for vermin or otherwise create a nuisance if not properly stored.
Nonputrescible solid waste.
The scheduled pickup and removal of solid waste, from residential,
commercial or institutional premises located within the boundaries
of the Township of Bloomfield, at least once a week.
Any property owner, tenant or occupant of any single-family
residential dwelling or multiple dwelling, or the owner of any commercial
or institutional building or structure located within the boundaries
of the Township of Bloomfield, who generates solid waste at those
premises.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities, and shall include all other waste materials.
Any activity related to the pickup and transportation of
solid waste from its source or location to a solid waste facility
or other destination.
A receptacle, container or bag suitable for the depositing
of solid waste.
Includes the plants, structures and other real and personal
property acquired, constructed or operated or to be acquired, constructed
or operated by any person pursuant to the provisions of this or any
other act, including transfer stations, incinerators, resource-recovery
facilities, sanitary landfill facilities or other plants for the disposal
of solid waste, and all vehicles, equipment and other real and personal
property and rights therein and appurtenances necessary or useful
and convenient for the collection or disposal of solid waste in a
sanitary manner.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
Suitable receptacles for household garbage, food waste, organic
and putrescible solid waste collection shall mean solidly constructed
receptacles made of metal or rigid plastic, in a watertight container
with tight-fitting lids, handles, with a capacity of no more than
35 gallons or 50 pounds. Plastic bags with a maximum capacity of 30
gallons and a thickness sufficient to prevent tearing or ripping so
as to prevent spillage or leakage of contents and weighing not more
than 50 pounds when placed for collection are suitable for paper and
refuse. Paper or plastic shopping bags and cardboard boxes are not
suitable receptacles for garbage. All containers must be tightly covered,
tied or sealed to prevent spillage or leakage and the intrusion of
rainwater and animals.
Shall be cut and tied in lengths not exceeding three feet
in length and not to exceed 25 pounds.
Must be placed in biodegradable bags only.
Tree limbs, branches, loose wood, large brush, and any other
similar organic material generated from the property.
Leaves, grass, clippings, small brush and lawn rakings, compost,
and any other similar yard waste generated from the property.
A.
Storage of receptacles between collections.
(1)
All garbage containers required hereunder shall be of safe construction
and design, shall be maintained in good and serviceable condition
at all times and shall be able to secure the lid to the container.
Cans shall be stable and freestanding. No plastic bags are to be used
for standalone placement at the curb.
[Amended 7-12-2023 by Ord. No. BOH 03-2023]
(2)
No garbage, refuse, bulky waste, white metal, or trees and vegetative
waste awaiting collection may be stored between the front or side
building setback lines and the curb on noncollection days.
B.
No person shall place any garbage for collection in any paper/plastic
bags, wooden barrels, baskets, oil drums, paper drums, plywood drums
or any other type of container other than garbage containers as specified
herein.
[Amended 7-12-2023 by Ord. No. BOH 03-2023]
C.
Days and hours for collection.
(1)
No garbage, refuse or rubbish shall be collected by any person lawfully
providing solid waste collection services within the Township of Bloomfield
on a Township-maintained street prior to 6:30 a.m. and no later than
6:30 p.m.
(2)
No garbage, refuse or rubbish shall be collected by any person lawfully
providing solid waste collection services within the Township of Bloomfield
on a county-maintained street prior to 6:30 a.m. and no later than
6:30 p.m.
D.
Deposit into waters.
(1)
No person shall place or permit to be placed or discharged or permit
to be discharged or cast or deposit or cause or suffer to be deposited
into any of the brooks or rivers within the limits of the Township
or into any tributary thereof, which brooks or rivers empty into the
Passaic River, any sewage or waste matter, article or substance, liquid
or solid, of any kind, which creates odors or gases or fumes, due
to the putrefaction of organic matter, or the presence of chemicals
or which discolors the waters of the brooks or rivers or their tributaries
or results in the presence of oil or grease on the surface of the
waters of the brooks or rivers or any of their tributaries or which
reduces the dissolved oxygen content thereof to such an extent as
to interfere with major fish life in the waters.
(2)
It shall be unlawful for any person to dump, deposit or place or
caused to be dumped, deposited or placed any rubbish, refuse or other
material in any brook, stream or watercourse or the bed thereof in
the Township that may, in any manner, hinder or obstruct the free
flow of water in such watercourse.
E.
Deposit on public or private property.
(1)
No person shall place any refuse or waste material, cause to be placed
or throw or permit to be thrown any refuse, waste material or wastepaper
or discard any article in any street, alley or other public place
or upon any private property, whether owned by such person or not,
within the Township, nor shall any person throw or deposit any refuse
in any stream or any other body of water, nor shall any person cause,
place, sweep or deposit, anywhere within the Township, any refuse
or discard any item, article, thing or material of any kind or nature
whatsoever in such a manner that it may be carried or deposited by
the elements upon any street, sidewalk, alley, sewer, park or parkway
or other public place or onto any occupied premises privately or publicly
owned.
(2)
It shall be unlawful for any person to deposit refuse, rubbish or
waste matter or material of any kind upon any field, vacant lot or
building plot in the Township.
F.
Deposits into public litter baskets.
(1)
The public litter baskets as located throughout the Township of Bloomfield
are specifically to be used for litter.
(2)
It shall be unlawful for any person to dump private refuse, which
should be disposed of through solid waste collection services, into
public litter baskets.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
G.
Commercial, institutional and multifamily sources.
(1)
The owner or occupant of each commercial and institutional establishment
or multifamily dwelling shall provide garbage containers, detachable
containers or bulk containers of sufficient size and number to store
the garbage and source-separate recyclable items generated by the
occupants or other users of such establishment or dwelling, and to
otherwise maintain the premises in a clean, neat and sanitary condition
at all times.
[Amended 7-12-2023 by Ord. No. BOH 03-2023]
(2)
The cleanup of any spillage or leakage from said plastic bags shall
be the responsibility of the building owner and/or business owner.
Any spillage or leakage must be cleaned up within two hours of collection.
(3)
Private haulers collecting from the curbside shall collect on the
same day municipal collection occurs in the area affected.
(a)
The owners or occupants of stores or other places of business
shall keep the sidewalks and street curbs in front of their respective
premises in a clean and orderly condition.
(b)
In order to properly maintain a clean and orderly condition as hereinabove set forth, it shall be the duty of the owners or occupants to broom-clean the sidewalks and street curbs within 30 minutes after the opening of the premises for business, and upon closing of business as needed to comply with Subsection G(3)(a) above.
H.
Placement of receptacles for collection; days and hours for collection.
(1)
No solid waste receptacle or bulky wastes shall be placed at the
curb, on the sidewalk or on any public right-of-way prior to 5:00
p.m. on the day preceding the scheduled collection day.
(2)
No receptacle shall be permitted to remain at the curb longer than
two hours in any commercial or business area after its collection.
(3)
No residential receptacle shall be permitted to remain at the curb
longer than 24 hours after being set out for collection.
I.
Bulk waste.
(1)
Bulk waste items too large to be contained in a receptacle must be
broken or reduced in volume and tied or bundled so that the greatest
dimension is not more than three feet, except that furniture will
be accepted without being broken or bundled.
(2)
No item or bundle shall weigh more than 50 pounds.
(3)
The Director of Public Works and Parks reserves the right to reject
any bulky items offered for collection if its disposal is prohibited
at the facility designated by the county for use by the Township.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
K.
Yard growth/waste:
(1)
Shall be placed in a biodegradable bag.
(2)
No item shall weigh more than 50 pounds.
(3)
Grass/weeds growth must not exceed nine inches.
(4)
Shall not be piled to create a nuisance or attract insects or rodents.
[Added 7-12-2023 by Ord. No. BOH 03-2023]
(5)
Composting location shall be a minimum of 10 feet from each property
line.
[Added 7-12-2023 by Ord. No. BOH 03-2023]
A.
Hedges/obstruction of vision:
(1)
The owner of lands lying within the Township shall keep all brush,
hedges and other plant life growing upon their property within 10
feet of any street and within 25 feet of the intersection of two streets
cut to a height of not more than 2 1/2 feet where the Township
Council shall deem it necessary and expedient for the preservation
of the public safety.
(2)
The owner of lands lying within the Township shall keep all brush,
hedges and other plant life growing upon their property from obstructing
any passage or public sidewalk.
B.
Landscaping. The landscaping of premises shall be maintained in an
orderly state, with lawns and bushes trimmed and free from litter,
including brush and leaves. Open areas shall be graded to eliminate
holes, depressions, gullies, mounds, accumulations of debris or other
unsightly or unsafe conditions.
C.
The following
shall constitute a public health nuisance:
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)[1]]
(1)
Insects/rodents. Depositing, accumulating or maintaining any matter
or thing which serves as food for insects or rodents and to which
they may have access or which serves or constitutes a breeding place
or harborage for insects or rodents in or on any land, premises, building
or other place including the presence of burrows.
(2)
The
growth, existence or presence of poison ivy, poison oak or poison
sumac on any property.
(3)
The
existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
[1]
This ordinance also redesignated former Subsections C, D and
E as Subsection C(1), (2) and (3), respectively.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
A.
In any case where the Health Officer or designee(s) shall determine
that it is necessary and expedient for the preservation of the public
health, safety and general welfare, or to eliminate a fire hazard,
this section requires that the Health Officer or designee(s) is to
order the immediate removal of any brush, grass, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, bulk waste/items,
trash and/or debris from any land in the Township. In the event the
Health Officer, or designee(s), determines that items above do not
pose an immediate risk to public safety, a violation notice will be
issued for items above with which the owner or tenant or person, firm,
corporation and/or entity in control of such land shall comply within
the time given in the violation notice, not exceeding 10 days when
issued.
B.
When more than three bulk/waste items are deposited at curbside or
in public view (line of sight) from either of the front side lines
of the property creating a visible blight (nuisance) a violation notice
shall be issued to the owner or tenant or person, firm, corporation
and/or entity in control of such land who shall comply within the
time given, not exceeding 24 hours.
A.
In the event that the owner or tenant shall have refused or neglected
to comply with the notice as provided in the preceding section within
the time specified, the Health Officer, or designee(s), shall, pursuant
to N.J.S.A. 40:48-2.13 and 40:48-2.14, remove from such lands the
brush, weeds, dead and dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash and debris that may be thereon, and such officer
shall certify the cost thereof to the Township Council of Bloomfield,
which shall examine the certificate and, if found correct, shall cause
the cost shown thereon to be charged against the property. The amount
so charged shall forthwith become a lien on such land and shall be
added to and become part of the taxes next to be assessed and levied
against such lands, the same to bear interest at the same rate as
taxes and shall be collected and enforced by the same officers and
in the same manner as taxes.
B.
In no event shall the assessment of costs against the owner or tenant
of such lands relieve such owner or tenant of penalties as provided
for upon conviction for failure to obey the notice as required by
this and the preceding section.
The following municipal ordinances are adopted by reference:
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine not exceeding $500, and each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense. Fines assessed under
this chapter shall be recoverable from the owner and shall be a lien
on the property.