[Amended 1-6-2014 by Ord. No. 2014-19]
The purpose of this article is to establish a residential yard waste collection and disposal program in the Township of West Windsor, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Amended 12-7-2009 by Ord. No. 2009-23]
As used in this article, the following terms shall have the meanings indicated:
CONTAINERIZED
The placement of yard waste in a trash can, bucket, or other vessel, excluding bags, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
YARD WASTE
Brush, leaves, yard debris (e.g., branches less than four-inch diameter and five feet in length, tree trunks and logs that do not exceed six inches in width and are less than 18 inches in length, twigs, shrub clippings, garden trimmings, plant stalks, pine needles, tree trimmings, pruning debris, weeds, flowers, brown Sweet Gum balls, etc.). Yard waste does not mean grass, soil, garbage, fruits, vegetables, railroad ties, landscape timber, pressure-treated material, concrete, bricks, tree stumps or large tree limbs, wood, construction materials, stones, plywood, two-by-fours, etc.
[Amended 1-6-2014 by Ord. No. 2014-19]
[Amended 12-29-2008 by Ord. No. 2008-53; 1-6-2014 by Ord. No. 2014-19]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and yard waste shall not be placed closer than 10 feet to any storm drain inlet, nor in such a manner that it blocks a bicycle lane or other depressed curb crosswalk. Placement of such yard waste in the public ways adjacent to private property (as defined in § 150-10B of Article III) or at any other time or in any other manner is a violation of this article. Yard waste collection shall not take place for the months of January and February. There shall be an exclusion from the requirements of this section for storm events that are defined by the declaration of a state of emergency by the Mayor of West Windsor or Governor of the State of New Jersey.
The provisions of this article shall be enforced by the Police Department or the Director of Public Works and/or their designee of the Township of West Windsor by the issuance of complaints to responsible property owners with penalties to be imposed on violators as follows:
A. 
Upon the observance by a Township employee of a violation of § 150-26, the property owner shall be issued a notice of violation giving them five business days to comply.
B. 
If at the end of the five business days' time the violation continues, a summons shall be issued by the Township and a penalty of $100 shall be assessed.
C. 
Should the violation be a threat to the public's health, safety and welfare, the Township shall also have the ability, after five days, to remediate the violation and assess the property owner for all fees and costs by placing a lien against the property by the filing of a certificate with the County Clerk's office. The Township may also proceed in a summary action before the courts. Said lien shall include all interest and fees that occur with the filing of the lien.
D. 
If a second separate violation occurs within two years' time, the fine shall increase to $250 and $500 for the third violation during the two-year time period.
E. 
Persons found illegally dumping yard waste, as defined in this article, shall be assessed a penalty of $250 for the first offense and $500 for any subsequent offense.
F. 
All records of violations shall be kept and maintained by the Department of Public Works.