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Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #1290, S1]
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 section 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.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house, or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container that is regularly emptied by the borough or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Ord. #1290, S1]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
[Ord. #1290, S1]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. #1290, S1]
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 section 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.
LITTER
Shall mean any used or unconsumed substance or waste material that has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming, or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. #1290, S1]
a.ย 
It shall be unlawful for any person to throw, drop, discard, or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b.ย 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. #1290, S1]
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 section 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Bogota or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #1290, S1]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Bogota is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. #1290, S1]
a.ย 
Water line flushing and discharges from potable water sources.
b.ย 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c.ย 
Air conditioning condensate (excluding contact and non-contact cooling water).
d.ย 
Irrigation water (including landscape and lawn watering runoff).
e.ย 
Flows from springs, riparian habitats and wetlands, water reservoir discharges, and diverted stream flows.
f.ย 
Residential car washing water, and residential swimming pool discharges.
g.ย 
Sidewalk, driveway, and street wash water.
h.ย 
Flows from firefighting activities.
i.ย 
Flows from rinsing of the following equipment with clean water:
1.ย 
Beach maintenance equipment immediately following their use for their intended purposes; and
2.ย 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. #1290, S1]
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 section 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.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. #1290, S1]
No person shall feed, in any public park or on any other property owned or operated by Borough of Bogota, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks, or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. #1290, S1]
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 section 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
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
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.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. #1290, S1; Ord. #1315, S1]
Sweeping, raking, blowing, or otherwise placing of yard waste that is not containerized at the curb or along the street is only allowed between the day after the Federal Columbus Day holiday and December 1 of each year, and only during the seven (7) days prior to a scheduled and announced collection. Yard waste that is not containerized at the curb 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. #1290, S1]
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 section 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Bogota, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. ยงย 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Bogota or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #1290, S1]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Bogota any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. #1290, S1]
Any person who is convicted for violating any of the provisions of this chapter shall be subject to one or more of the following: a fine of not more than one thousand two hundred fifty ($1,250.00) dollars, imprisonment for any term not exceeding ninety (90) days, and/or a period of community service not exceeding ninety (90) days, unless a different penalty is stated in the Code section or ordinance.
[Ord. #1290, S1]
A separate offense or violation shall be deemed to be committed on each day that a violation occurs or continues.
[Ord. #1290, S1]
The provisions of this chapter shall be enforced by the employees and officers of the police department, the department of public works, and the board of health of the Borough of Bogota.
[Ord. #1392]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Bogota and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #1392]
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 section 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Bogota or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #1392]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Bogota.
[Ord. #1392]
a.ย 
Permitted temporary demolition containers;
b.ย 
Litter receptacles (other than dumpsters or other bulk containers);
c.ย 
Individual homeowner trash and recycling containers;
d.ย 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit;
e.ย 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #1392]
This section shall be enforced by the police department and/or other municipal officials of the Borough of Bogota.
[Ord. #1392]
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.
[Added 10-26-2023 by Ord. No. 1603]
The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in the Borough of Bogota, to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
[Added 10-26-2023 by Ord. No. 1603]
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 section clearly demonstrates a different meaning. When consistent 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.
DE-ICING MATERIALS
Means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
Means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets the following specifications:
a.ย 
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
b.ย 
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
c.ย 
The structure shall be erected on an impermeable slab;
d.ย 
The structure cannot be open sided; and
e.ย 
The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.
PERSON
Means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
RESIDENT
Means a person who resides on a residential property where de-icing material is stored.
STORM DRAIN INLET
Means the point of entry into the storm sewer system.
[Added 10-26-2023 by Ord. No. 1603]
a.ย 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th:
1.ย 
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
2.ย 
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
3.ย 
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
4.ย 
Loose materials shall be covered as follows:
(a)ย 
The cover shall be waterproof, impermeable, and flexible;
(b)ย 
The cover shall extend to the base of the pile(s);
(c)ย 
The cover shall be free from holes or tears;
(d)ย 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
(e)ย 
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
(1)ย 
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
5.ย 
Containers must be sealed when not in use; and
6.ย 
The site shall be free of all de-icing materials between April 16th and October 14th.
b.ย 
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 -April 15.
c.ย 
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request.
1.ย 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
[Added 10-26-2023 by Ord. No. 1603]
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 22-10.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
[Added 10-26-2023 by Ord. No. 1603]
This section shall be enforced by the Bureau of Code Enforcement during the course of ordinary enforcement duties.
[Added 10-26-2023 by Ord. No. 1603]
Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in a fine not to exceed $1,000.