Editor's Note: Refer to Chapter 24 for mandatory recycling provisions. Also, refer to Chapter 25 for provisions regarding the collection of solid waste.
[Ord. No. 24-1990; Ord. No. 2011-27]
For the purpose of this chapter, 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.
THE WORDS RESIDENT OR RESIDENTS
Shall mean and include people occupying all dwelling units in the Borough of Flemington except people occupying dwelling units in Flemington Gardens Apartments, Regional Court Apartments, Flemington Arms Apartments, Elwood Avenue Apartments, Hunter Hills Apartments, Prospect Hills Apartments, Madison Arms Apartments and Coppermine Village.
YARD WASTE
Shall mean leaves and grass clippings.
THE WORDS YARD WASTE COLLECTOR OR COLLECTOR
Shall mean and include the road department of the Borough of Flemington.
THE WORD BOROUGH
Shall mean and include the Borough of Flemington.
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.
[Ord. No. 24-1990; Ord. No. 2011-27]
Yard waste shall be collected from residents on the second Friday of each month during the hours of 7:00 a.m. and 4:00 p.m., prevailing time. When the collection day falls on New Year's Day, Independence Day or December 25, collections will be made on the following Friday. In case of an emergency such as a hurricane, snowstorm or other act of God which prevents the collection on a collection day, collections will be made on the following day.
[Ord. No. 24-1990; Ord. No. 2011-27]
a. 
Residents shall place all yard waste to be collected in receptacles, provided, however, residents need not place items such as dead branches in receptacles, provided they are securely tied in a bundle not longer than four feet which weighs not more than 25 pounds.
b. 
Residents shall furnish the receptacles for the transportation of waste to the collector's vehicles.
c. 
Receptacles shall be: (1) of metal or plastic, sufficiently strong for the intended purpose, equipped with close-fitting lids and have a capacity of not more than 30 gallons; or (2) plastic bags designed for use in the collection and disposal of yard waste with a capacity of not more than 30 gallons. A receptacle used by a resident when filled shall not weigh in excess of 25 pounds and be capable of being handled by one person.
[Ord. No. 24-1990; Ord. No. 2011-27]
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 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. 24-1990; Ord. No. 2011-27]
a. 
No person shall overturn, spill, scatter, root through, pull apart or scavenge any yard waste set out for collection hereunder, nor shall any person remove any yard waste from any receptacle or bundle set out by residents for collection.
b. 
No person shall place any yard waste for collection that is not generated within the territorial limits of the borough.
c. 
No person shall place any yard waste for collection except in conformity with the regulation herein set forth.
[Ord. No. 24-1990; Ord. No. 2011-27]
If any section, subsection or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections, subsections or paragraphs of this chapter.
[Ord. No. 24-1990; Ord. No. 2011-27]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $500.00 for each violation.
[Ord. No. 24-1990; Ord. No. 2011-27]
This chapter shall be enforced by the police department of the Borough of Flemington, the zoning officer and/or the board of health.
[Ord. No. 24-1990; Ord. No. 2011-27]
Except as otherwise provided, each and every day in which a violation of any provision, section or subsection of this chapter exists shall constitute a separate violation.
[Ord. No. 24-1990; Ord. No. 2011-27]
This chapter shall take effect immediately after final passage and publication according to law.