This article establishes requirements for the proper handling
of yard waste in the Borough of Merchantville 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 directory.
CONTAINERIZED
Means the placement of yard waste in a trash can, bucket,
paper 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. Yard waste shall not be disposed of in plastic bags.
[Amended 9-27-2021 by Ord. No. 21-10]
PERSON
Person means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STREET
Street means 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.
YARD WASTE
Yard waste means leaves and grass clippings.
[Amended 5-14-2018 by Ord. No. 18-06; 9-27-2021 by Ord. No. 21-10]
A. The owner or occupant of any property shall not sweep, rake, blow
or otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the owner or occupant of any property must remove the
yard waste from the street where the violation occurred, or said person
or persons shall be deemed in violation of this article.
B. A contractor, and/or any employee of a contractor, and/or any person
acting on behalf of the owner or occupant of any property, who is
engaged by the owner or occupant of the property to provide lawn care
or landscaping services, shall not sweep, rake, blow or otherwise
place any yard waste in the street, regardless of whether the yard
waste is containerized or not. A contractor, and/or employee of a
contractor, and/or person acting on behalf of the owner or occupant
of any property shall be responsible for the removal of any and all
lawn waste. A contractor, and/or any employee of a contractor, and/or
any person acting on behalf of the owner or occupant of any property,
who is engaged by the owner or occupant of the property to provide
lawn care or landscaping services, who places yard waste in the street
shall be deemed in violation of this article and shall be responsible
for the removal of the yard waste placed in the street where the violation
occurred.
C. The owner and/or occupant of any property, or a contractor, or the
agent, servant and/or employee of a contractor, and/or any person
acting on behalf of the owner and/or two occupant of any property,
who is engaged by the owner and/or occupant of the property to provide
lawn care or landscaping services, shall not dispose of any yard waste
in plastic bags.
[Added 9-27-2021 by Ord. No. 21-10]