[Adopted 9-19-2012 by Ord. No. 12-12]
The purpose of this article is to establish requirements for
the proper handling of yard waste in the Borough of Seaside Heights,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
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 discretionary.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
Leaves and grass clippings.
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 yard waste
in the street. Yard waste is to be placed in biodegradable bags at
the curbline no earlier than 48 hours from the scheduled pickup, and
shall not be placed closer than 10 feet from any storm drain inlet.
If yard waste is not properly placed at the curbline, the party responsible
for placement of yard waste must remove the yard waste from the area
or said party shall be deemed in violation of this article.
This article shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of Seaside Heights.
A.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
