[1]
Editor's Note: The power to regulate the collection of
garbage and trash is contained in N.J.S.A. 40:66-1.
[1973 Code § 12-1]
As used in this section, unless the context otherwise indicates,
the following words and terms shall have the meanings given herein:
shall mean the residue from fires used for cooking foods
and heating buildings, and such floor sweepings as may accumulate
in connection with the ordinary daily use of dwellings and stores.
shall mean the meat and vegetable waste solids resulting
from the handling, preparation, cooking and consumption of foods.
shall include newspapers, periodicals, cardboard and all
other wastepaper.
shall mean ashes, rubbish and trade waste.
shall include rags, old clothes, leather, rubber, carpets,
wood, excelsior, sawdust, tree branches, yard trimmings, wood furniture
and other combustible solids not considered by the Borough to be of
a highly volatile or explosive nature, glass, crockery and other similar
material but not the wastes resulting from building construction or
alteration work. It shall also include any small accumulation of cellar
or yard dirt.
shall mean any accepted public street, curb, sidewalk, alley.
shall be all material resulting from the prosecution of any
business, trade or industry conducted for profit and shall include
paper, rags, leather, rubber, cartons, boxes, wood, excelsior, sawdust,
garbage and other combustible solids except manure and not considered
by the Borough to be of a highly volatile or explosive nature, cinders,
earth and other materials but not the wastes resulting from building
construction or alteration work.
shall include all or any garbage, refuse, paper, ashes (no
matter how originating), wastes from building construction or alteration
work, or cellar or yard dirt.
[1973 Code § 12-2]
No person shall accumulate or permit, suffer or allow the accumulation
in any building or on any premises owned, occupied or controlled by
him of any waste material for a period longer than the period from
one (1) collection day to the next ensuing collection day. It shall
be unlawful to dispose of refuse or garbage by burying or burning
the same in a furnace or in an open fire upon any property within
the Borough.
[1973 Code § 12-3]
The Borough, by its designated agents and employees, will collect and remove garbage, refuse, ashes and wastes, provided that these materials are prepared, held and stored in the manner that is required in subsection 15-1.9 this section.
[1973 Code § 12-4]
It shall not be lawful for any person, excepting an employee
of the Borough in the discharge of his duties, or an authorized waste
collector, to collect, pick in, rake up or in any way disturb the
paper, garbage, or other waste material or whatsoever nature deposited
in any receptacle or laid or placed anywhere within the Borough.
Paper shall be secured and properly tied into bundles or other
packages, in a manner to prevent any scattering while being handled
by the collectors or while such bundles or packages are located on
the sidewalk at curb awaiting collection. The bundles or packages
shall be of a size and weight to permit ease of handling by one (1)
man and shall not exceed sixty-five (65) pounds in weight.
[1973 Code § 12-5]
The owner, agent, lessee, tenant or occupant of every dwelling,
market, restaurant or other premises in the Borough where paper, garbage,
rubbish or refuse shall accumulate must provide and keep on such premises
sufficient and suitable receptacles or cans or barrels, and tightfitting
covers for them, for receiving and holding the aforesaid materials
within an approved screened area.
Sufficient is defined, for the purpose of this section, to be
at least one (1) metal receptacle, metal or suitable plastic can or
metal barrel for each family unit residing on the premises, and at
least two (2) such receptacles for each restaurant, market store or
similar establishment where the aforesaid material shall accumulate.
Suitable is defined, for the purpose of this section, to be
a receptacle, can or barrel, made of metal of a substantial nature,
such as galvanized iron, with a tightfitting cover of metal, so constructed
as to prevent spilling or leakage of its contents. It shall be waterproofed,
not more than eighteen (18) inches in diameter and twenty-six (26)
inches in height, not more than thirty (30) gallons capacity and equipped
with pull handles.
The use of baskets as receptacles for waste materials is not
permitted.
Receptacles that are badly broken or otherwise fail to meet
the requirements of this subsection may be classed as rubbish and
may be collected as such by the Borough.
In dwellings, tenements and apartment houses containing three
(3) dwelling units or less, the receptacles shall be purchased and
maintained, in the absence of a contract, by the tenants. In dwellings,
tenements and apartment houses of more than three (3) dwelling units,
such receptacles shall be purchased and maintained, in the absence
of a contract, by the landlord.
[1973 Code § 12-6]
It shall be unlawful for any person to place, or cause to be
placed any receptacle or bundle or refuse material on any portion
of the sidewalk or street.
[1973 Code § 12-7]
The owner, lessee, tenant or other occupant of every privately
owned building shall, on the scheduled day for collection, place or
have placed all waste material for collection at a point not more
than three (3) feet from the nearest curbline in front of the building.
No materials or receptacles shall be placed at the curb for collection
earlier than 8:00 p.m. of the day preceding the nearest collection
day or no later than 6:00 a.m. of the collection day.
Receptacles awaiting collection shall be stored or kept in such
place so as not to become a nuisance to the occupants of any dwelling
and at no time shall they be kept under the windows of any such dwelling
adjacent thereto.
[1973 Code § 12-8]
Borough refuse collectors are prohibited from entering upon
any unaccepted lands, streets, service areas, driveways or alleys
or any privately owned buildings or portion of any such building,
such as a vestibule, kitchen, pantry, cellar or boiler room, for the
purpose of moving refuse material to the curb for collection.
[1973 Code § 12-9]
Garbage shall be thoroughly drained of all water, wrapped securely in paper and placed in a receptacle as described in subsection 15-1.5. Ashes, combustible and noncombustible rubbish and trade waste shall be stored and held in a receptacle, described in subsection 15-1.5, that may be the same, receptacle used to contain the wrapped garbage. Where these materials are of such a nature that they cannot be deposited in a receptacle, can or barrel, they shall be securely and properly tied into bundles or packages to prevent any spilling while being handled by Borough employees or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one (1) man but shall not exceed sixty-five (65) pounds in weight.
[1973 Code § 12-10]
No person shall prevent or interfere with any agent or employee
of the Borough in the discharge of his duties in the collection of
garbage, ashes or refuse or in the sweeping or cleaning of any street,
or in the removal therefrom of sweepings, ashes, garbage, rubbish,
paper, snow, ice or other refuse material.
[1973 Code § 12-11]
To insure the effective operation of the provisions of this
section, the Borough Council is authorized to make written rules,
regulations or orders as may be necessary or expedient to further
implement the provisions of this section.
When it shall appear to be more efficient for collection by
the Borough, the Borough Council in their sole discretion, upon written
request or permission by the owner, may authorize and order the Borough
collectors to enter upon and collect garbage and refuse placed at
the curbline or sideline of unaccepted streets, lanes, alleys, driveways,
service areas or other thoroughfares or areas as they may designate,
subject to such conditions as they may impose. Such collection service
shall not be construed to be an acceptance of any unaccepted thoroughfare
or area.
[1973 Code § 12-12]
If in the opinion of the Borough Council it is more advantageous
for the Borough to have the garbage, trash and waste and other refuse
matter or any part thereof in the Borough collected, removed and disposed
of by any person or persons other than designated agents and employees
or private collectors of the Borough, the Borough Council may make
a contract or contracts for this work or any portion thereof with
any individual, corporation, or municipality, in a sanitary and inoffensive
manner, which specifications may provide for alternate methods of
doing the work and are to be filed in the office of the Borough Clerk.
[1973 Code § 12-13]
Contracts shall be entered into and made only after bids therefor
shall have been advertised for in a newspaper published and circulated
in the Borough, if there be one, and in the event there is no newspaper,
then in a newspaper circulated in the Borough and in other newspapers
as the Borough Council may direct to be inserted, on two (2) occasions,
the first to be at least sixty (60) days prior to the taking of bids,
and upon the taking of bids the contract or contracts to be awarded
to the lowest responsible bidder who shall be required to give satisfactory
bonds or security for the faithful performance of the contract with
the right of the Borough Council at the time of receiving the bids
to reject any and all bids received.
[1973 Code § 4-3.2; New]
a.
Residential Premises. All owners of residential premises desiring
waste paper or other combustible refuse material (except grass or
leaves) to be removed by the Borough shall deposit same in suitable
containers conveniently placed for removal by the collectors of the
Borough. Any owner of a residential premises desiring leaf collection
by the Borough must place the leaves either loosely at the curb or
bag the leaves in approved type biodegradable paper bags. The leaves
will be collected by the Borough or its designee. Leaf collection
shall be performed in accordance with the Borough's published
collection schedule. An appointment is required for the collection
of the bags, and all leaves must be bagged after December 1, of each
year.
b.
Commercial Premises. All owners of commercial premises shall be responsible
for removing all leaves, grass, waste paper or other combustible refuse
material from their premises and shall be subject to penalty for failure
to remove leaves, grass, waste paper or other combustible refuse from
the premises.
c.
Violations. Violators shall be notified by the Department of Public
Works to remove leaves and related debris from the street. If the
condition is not rectified within forty-eight (48) hours, the Department
of Public Works may provide for the removal of any leaves, grass,
waste paper or other combustible refuse material not removed. The
property owner shall be required to reimburse the Borough for all
costs of removal. The Department of Public Works, in its discretion,
shall also issue a notice of violation. The penalty for failure to
comply with this section shall be in an amount not to exceed five
hundred ($500.00) dollars per building or structure. Upon notification
of a violation of this section by the Department of Public Works,
each day that a violation of this section shall continue shall be
deemed a separate violation, which may be subject to an additional
penalty.
[1973 Code § 4-12.1]
a.
Conservation of recyclable materials has become an important public
concern by reason of the growing problem of solid waste disposal and
its impact on our environment.
b.
There is an increasing necessity to conserve our natural resources.
c.
The collection of used newspapers, glass, aluminum, plastics and
various metals for recycling purposes from residences in the Borough
of Roseland will, for reasons hereinabove set forth, foster and promote
the general public interest.
[1973 Code § 4-12.2; Ord. No. 5-2009]
As used in this section:
shall mean all containers commonly used by consumers that
typically contain a beverage and are one hundred (100%) percent pure
aluminum (i.e. containing soda, tea, beer, etc.) Any can containing
bimetals shall not be considered aluminum.
shall mean a combination of all colored glass, all required
plastic containers, aluminum containers and bimetal containers (steel/tin).
shall mean specifically the type of cardboard which is corrugated
(having finished sheets of paper on top and bottom with reinforcing
sheet between them and glued in place (creating the hollow space between
the top and bottom finished surfaces).
shall mean any metal except pure aluminum, which the metal
can be cast iron, various grades of steel, tin, zinc, etc. Metal ferrous
scrap can be but not limited to bed frames, wrought iron patio furniture,
metal railings, metal tables, metal chairs, metal pipes, galvanized
sheeting such as siding on metal sheds or roof panels, metal pumps,
metal swing sets, non-aluminum roof gutters, etc.
shall mean containers commonly used by consumers to house
food and beverage products (i.e. bottles, jars, jugs and other vessels
containing food or beverage products). All colors of glass containers
shall be recycled collectively as part of a commingled mix.
shall be described as those batteries which function using
a semi-liquid core filled with acid and metal plate sections as those
used in automobiles and other equipment and do not contain a solid
mass or composite type core.
shall mean leaves from deciduous trees which drop or cause
to deposit a part of said tree as seasonal waste known as leaves on
an annual basis.
shall mean various mixes of paper such as all envelopes,
junk mail, office paper of all grades including printer paper, copier
paper, magazines, etc.
shall mean uncontaminated news print paper and shall mean
any and all newspaper.
shall mean all containers commonly used by consumers that
are hermetically sealed or made air tight with a metal or plastic
cap, with a minimum wall thickness of not less than 0.010 inches,
and composed of thermoplastic synthetic polymeric material, including
clear or transparent as well as opaque or solid color plastic containers
classified as PET or PETE Type #1 or #2.
shall mean used newspapers, glass, aluminum and plastics,
as defined herein.
shall mean all garbage and rubbish normally placed at the
curb by the residents of the Borough for regular collection.
shall refer to oil used in automobiles or motorized equipment
that require said oil to be changed at various intervals for proper
operation of the vehicle or equipment. Motor oil of all grades and
classifications shall be recycled.
shall mean those items made mostly of metal, being steel,
tin or other bimetal composites. White goods can contain compressors,
condensers, evaporators, etc. which can be found in refrigerators,
air conditioners, dehumidifiers, freezers, etc. A white good is defined
as but not limited to refrigerator, washer, dryer, dehumidifier, freezer,
air-conditioner, microwave, etc.
[1973 Code § 4-12.3; New; Ord.
No. 5-2009; Ord. No. 11-2014 § 1]
Any transporters or haulers of the materials listed herein removed
from any location within the Borough of Roseland, shall report their
tonnage to the NJDEP Bureau of Recycling and Planning in an annual
tonnage report, regardless of their processing designation.
a.
Residential. All homes, condominiums, townhouses, apartments, trailer
parks, etc., including certain housing types considered institutional
(i.e. senior citizen housing) are to recycle the following materials.
There are no de minimis standards based upon amount or weight.
Newspapers
Mixed paper (i.e. junk mail, office paper, magazines, etc.)
Corrugated containers and boxes
Glass food and beverage containers (of all colors)
Aluminum beverage containers
Plastic containers (PET or PETE #1 & #2 only)
Steel/tin containers
Leaves
Used motor oil
White goods (i.e. refrigerators, washers-dryers, air-conditioners)
Lead acid batteries (automotive or vehicle batteries)
Ferrous scrap
b.
Commercial. All places of business (wholesale, retail service, food,
transportation, etc.) are included in this sector under Commercial.
Newspapers
Mixed paper (i.e. junk mail, office paper, magazines, etc.)
Corrugated containers and boxes
Glass food and beverage containers (of all colors)
Aluminum beverage containers
Plastic containers (PET or PETE #1 & #2 only)
Steel/tin containers
Leaves
Used motor oil
White goods (i.e. refrigerators, washers-dryers, air-conditioners)
Lead acid batteries (automotive or vehicle batteries)
Ferrous scrap
c.
Institutional. All government buildings, schools, colleges, hospitals,
clinics, etc., are included in this sector as Institutional.
Newspapers
Mixed paper (i.e. junk mail, office paper, magazines, etc.)
Corrugated containers and boxes
Glass food and beverage containers (of all colors)
Aluminum beverage containers
Plastic containers (PET or PETE #1 & #2 only)
Steel/tin containers
Leaves
Used motor oil
White goods (i.e. refrigerators, washers-dryers, air-conditioners)
Lead acid batteries (automotive or vehicle batteries)
Ferrous scrap
d.
Prior to March 1 of each year, occupants of all commercial and institutional
establishments, multi-family housing owners or their agents shall
report, on forms provided by the municipality, to the Municipal Recycling
Coordinator, the tonnage of recyclables collected and removed from
the municipality during the previous year.
[1973 Code § 4-12.4]
From the time of placement at the curb by any person of recyclables
for collection by the Borough, or its authorized agent, pursuant to
the regulations established herein, such recyclables shall become
the property of the Borough, or its authorized agent. It shall be
unlawful for any person not authorized by the Borough to collect or
pick up, or cause to be collected or picked up, any such recyclables
for any purpose whatsoever. Each and any such collection in violation
hereof from one (1) or more premises shall constitute a separate and
distinct offense punishable as hereinafter provided.
[1973 Code § 4-12.5]
a.
All recyclables shall be disposed of in the manner set forth in the
regulations of the Borough. Such regulations may include, but need
not be limited to curbside collection.
b.
At the option and expense of persons separating recyclables from
other solid waste, such recyclables may be disposed of in any other
lawful means, including, but not limited to, contributions of this
material to charitable drives. However, under no circumstances shall
such recyclables be picked up at curbside by anyone other than the
Borough or its authorized agents.
[1973 Code § 4-12.6]
The Mayor and Council may enter into agreements granting a franchise
or license to qualified persons, partnerships or corporations, to
authorize them to collect all used newspapers, glass products and
aluminum at curbside, in accordance with the procedures of N.J.S.A.
40A:11-1 et seq., provided, however, that the Mayor and Council may
sell such used newspapers and glass products.
[1973 Code § 4-12.7]
The Mayor and Council are authorized to adopt and amend regulations
to effectuate the purposes of this section by resolution.
[1973 Code § 4-12.8; Ord. No. 11-2014 § 2]
The Code Enforcement Official, the Department of Health, the
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer, the County Department of Health, and such other Borough employees
as may be designated by resolution of the Mayor and Council are hereby
individually and severally empowered to enforce the provisions of
this section. An inspection may consist of sorting through containers
and opening of solid waste bags to detect by sound or sight, the presence
of any recyclable material.
[1973 Code § 4-12.9; New]
Any person who violates or neglects to comply with any provisions of this section or any regulation promulgated pursuant hereto, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5, except that the maximum fine for failure to comply with subsection 15-2.3 hereof, and the regulations issued pursuant thereto, shall not exceed fifty ($50.00) dollars. No enforcement of subsection 15-2.3 of this section shall be made until three (3) months from the effective date of the regulations authorized to be promulgated hereunder.
[1973 Code § 13-19.1; Ord. No.
13-2004]
No person shall maintain a dumpster or other like receptacle
for the disposal of construction materials, debris or other materials
without the written permit of the Superintendent of Public Works or
his authorized representative. A fee shall be charged for all such
permits. Initially, such fee shall be five ($5.00) dollars which fee
may be adjusted annually by resolution. All permits issued pursuant
to this section shall be effective for a period of sixty (60) days
from the date of issuance. All permits are subject to revocation,
in the sole discretion of the Borough, for failure to comply with
the requirements set forth in this Section.
[1973 Code § 13-19.2]
Any dumpster or like receptacle shall be located on or along
the border of the land for the benefit of which such dumpster or other
receptacle is used and, shall be placed on blocks, planks or shall
be otherwise elevated from the street in order to prevent damage to
the street, sidewalk or other property on which it rests. The area
immediately around the dumpster or other receptacle shall at all times
be free of debris. Adequate lighting and/or traffic warning signals
shall also be maintained around any dumpster or receptacle which is
located on a sidewalk or roadway.
[1973 Code § 13-19.3]
In the event that any damage is caused to the street, sidewalk
or other public property on which the dumpster or other receptacle
rests, the owner of the land for which the dumpster or receptacle
is used shall be responsible to repair such damage and restore the
property damaged to the condition in which it existed prior to such
damage. In each and every case where the party charged with the repair
of any damage as hereinbefore set forth, shall fail to comply with
the requirements of this section, the Borough may, upon reasonable
notice to the person so charged, cause the repairs to be made under
the direction of the Construction Official, who shall certify the
cost thereof to the Borough Council, which shall examine the certificate
and, if found to be correct, shall cause the cost as shown thereon
to be charged against lands for which the dumpster or receptacle is
used. The amount so charged shall forthwith become a lien upon the
land and shall be added to and become a part of the taxes next to
be assessed and levied upon the lands, the same to bear interest at
the same rate as taxes, and shall be collected and enforced in the
same manner as taxes.
[Ord. No. 6-2006 § I]
The purpose of this section is to establish a yard waste collection
and disposal program in Borough of Roseland, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. No. 6-2006 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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.
shall mean 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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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.
shall mean leaves and grass clippings.
[Ord. No. 6-2006 § III]
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 (7) days prior to a scheduled and announced collection,
and shall not be placed closer than ten (10) feet from any storm drain
inlet. Placement of such yard waste at the curb or along the street
at any other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 6-2006 § IV]
The provisions of this section shall be enforced by the Borough
of Roseland Police, Health or Public Works Departments.
[Ord. No. 6-2006 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed one thousand
($1,000.00) dollars or ninety (90) days imprisonment or both.
