[Ord. No. 2-1988, S1; Ord. No. 1-95, S1]
There is hereby established a mandatory program for the separation of used newspapers, aluminum cans, household garbage, tires, white goods, residential scrap, plastic containers, leaves, grass, trees, and batteries.
[Ord. No. 2-1988, S2; Ord. No. 10-94; Ord. No. 1-95, S1]
Editor's Note: See also section 25-17, Yard Waste.
As used in this chapter, the following definitions shall apply:
GLASS
Shall mean all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as glass, excluding, however, blue and flat glass commonly known as window glass.
USED NEWSPAPER
Shall be deemed to include paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly or otherwise, having printed therein news and opinions, advertisements and matters of public interest.
USED ALUMINUM CANS
Shall be deemed to include all disposable containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages and usually having a capacity of seven to 16 ounces or more.
SOLID WASTE
Shall be deemed to describe all garbage and rubbish normally collected by the department of public works or authorized persons by the Borough of Cliffside Park.
WHITE METALS
Shall be deemed to include all metal appliances, stoves, refrigerators, air conditioners and similar types of bulk objects.
OTHER MATERIALS
Shall be deemed to mean such other articles, materials, trash, rubble, dirt, rocks, lumber, iron and steel, wiring, fences and all other things not specifically described in the "definitions" of this chapter.
LEAVES - GRASS CLIPPINGS - TREE BRANCHES
a. 
Leaves shall be deemed to mean all leafy products of trees or bushes which fall to the ground as a result of seasonal or weather changes, conditions, or by being cut or trimmed.
b. 
Grass clippings shall be deemed to mean the result of lawns being mowed causing an accumulation of clippings.
c. 
Branches shall mean those parts of trees or bushes which fall to the ground or are removed from trees or bushes by intentional acts.
MAGAZINES
Shall mean all periodicals containing printed matter or pictures on glossy stock or paper of heavier quality than newsprint or newspapers. It is important to note that magazines are not to be considered as "used newspapers."
TIN CANS
Shall be deemed to include all disposable containers fabricated primarily of tin, commonly used for packaging of food, beverages and a variety of other household and consumer products in tin or ferrous scrap.
MIXED PAPER
Shall mean magazines, catalogs, color inserts, envelopes, junk mail, sweepstakes forms, school papers, office paper, nonmetallic wrapping paper, real estate books and NCR paper.
BATTERIES
Shall be deemed to include any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container consisting of a combination of two or more voltaic or galvanic cells, electrically connected to produce electric energy, composed of lead, lithium, manganese, mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other metals or any combination thereof, including the following: Non-rechargeable alkaline; common cell alkaline, zinc and lithium types in AAA, AA, C, D, 9 volts, and lantern sizes; rechargeable alkaline: nickel cadmium and sealed lead acid, also available in common cell sizes AAA, AA, C, D and 9 volts; and button cells: Silver oxide, lithium, zinc air and alkaline-manganese.
[Ord. No. 2-1988, S3; Ord. No. 10-94]
From the time of placement at the curb, by any resident, of used tin, ferrous cans in the appropriate container, used newspapers, glass, aluminum cans, or "white materials" for collection by the Borough of Cliffside Park, in accordance with the terms hereof, such used newspapers, glass, aluminum cans or white materials shall be and become the property of the Borough of Cliffside Park or its authorized agents. It shall be a violation of this chapter for any person unauthorized by the Borough of Cliffside Park to collect or pick up or cause to be collected or picked up any such recyclables.
Each such collection or violation hereof for one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 2-1988, S4]
Anything herein to the contrary, notwithstanding, any person who is an owner, lessee, or occupant, may donate or sell recyclables to any person, partnership or corporation whether operating for profit or not for profit. Said person, partnership, or corporation may not, however, under any circumstances pick up said recyclables from curbside in the Borough of Cliffside Park, whether or not said recyclables are placed on the curbside on or immediately preceding a regular curbside collection.
[Ord. No. 2-1988, S5; Ord. No. 14-88; Ord. No. 8-90; Ord. No. 10-94]
The occupant or owner of any building within the Borough of Cliffside Park shall place for disposal, removal or collection, the following items in strict conformity for the following regulations:
a. 
Newspapers shall be bundled separately and secured in bundles with twine, string or cord or placed in paper bags not to exceed 50 pounds and shall not be contained in plastic bags.
b. 
Glass shall be washed before disposal and thereafter contained in a reusable metal or plastic container, owner, occupant or borough supplied, not to exceed six gallon capacity.
c. 
Used aluminum cans shall be contained in a reusable metal container or plastic container, owner, occupant or borough supplied, not to exceed six gallon capacity.
d. 
Normal household garbage consisting of discarded foodstuffs and the like shall be contained in the usual garbage can of metal or plastic container, owner, occupant or borough supplied, not to exceed forty-six gallons in capacity.
e. 
During the period from September 1 through December 31 only, leaves shall be placed in piles along the curbline up the street. Loose piles shall not exceed five feet in width from the curbline.
f. 
During the period from January 1 to August 30, leaves shall be placed in bags containing only leaves and not intermingled with any solid waste. These bagged leaves will be picked up on such days as may be designated by the department of public works.
g. 
Grass clippings should be mixed with a few leaves, hedge clippings or other vegetative waste that may be picked up from the lawn while raking and which should be placed in clean empty receptacles (no plastic bags or paper bags), and shall be picked up from the first week in April to the first week in October.
h. 
Tin (ferrous) cans shall be washed before disposal and thereafter contained in a reusable metal or plastic container, owner, occupant or borough supplied, not to exceed six gallon capacity.
[Ord. No. 2-1988, S6; Ord. No. 10-94; Ord. No. 1-95, S1]
Authorized use: clean glass containers used aluminum cans, and clean and uncontaminated newspapers shall be kept separate from and not mixed with regular refuse which is to be collected by the department of public works or other authorized agencies. Newspapers shall be considered clean and uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling. Persons may wrap solid waste in used newspapers and discard same with regular solid waste if such wrapping does not render the newspapers unusable for recycling. Tin cans may be commingled with clean glass containers and used aluminum cans. Batteries shall be separated and disposed of in the receptacle provided at the municipal recycling center.
a. 
The mayor and council of the Borough of Cliffside Park are hereby authorized and directed to negotiate and to enter into contracts for the collection, composting and/or marketing of leaves, newspapers, glass food and beverage containers and/or metal beverage cans, or such other designated recyclable materials as may be determined; or to place same out to bid, if required, by the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.).
b. 
Dwellings of 25 or more apartments must provide facilities for separation of materials as required by this chapter, and shall notify all tenants, condominium and co-ops of a plan of disposal.
c. 
Physically disabled should apply to the coordinator for special arrangements.
d. 
Management of 25 unit or more dwellings shall provide a recycling coordinator with any records for disposal required by the coordinator.
[Ord. No. 2-1988, S7]
The borough's commercial and institutional entities shall separate used newspapers, corrugated cardboard and aluminum cans and arrange with the borough for their collection through such persons or haulers authorized by the Cliffside Park recycling coordinator.
a. 
Gasoline station operators, repair garages, automobile dealers and tire distributors are required to provide their own means of disposition of tires as these will not be picked up by the department of public works or its authorized agents.
[Ord. No. 2-1988, S8]
Plastic bags may not be used for disposal of leaves or grass trimmings from September 1 to December 31. Property owners are required to blow or sweep leaves to curbside where they will be picked up by the department of public works. Professional landscapers are required to remove leaves and grass clippings from any property where they are employed to maintain lawns or gardens. (Residents may place used tires at the curb on regular trash pickup days which will continue, subject to any regulations contained in this chapter. Plastic soda bottles may be placed with the regular garbage.)
The Borough of Cliffside Park may utilize its own personnel to collect said leaves, newspapers, glass food and beverage containers and/or metal beverage cans, or such other designated recyclable materials, or contract out the cost of said collection as may be determined to be in the best interests of the municipality.
[Ord. No. 2-1988, S8]
On and after the adoption of this chapter, the recycling coordinator of the Borough of Cliffside Park shall establish the day/days of collection and the collection or pick up site(s) designated for the collection of leaves, for the purpose of composting, newspaper, glass food and beverage containers and metal beverage cans, or any other designated recyclable materials for the purpose of recycling and composting.
Notification of the designated collection or pick up day/days and the designated collection or pick up site(s) for leaves, for the purpose of composting, newspaper, glass, food and beverage containers and metal beverage cans, or any other designated recyclable materials, shall be published in the official town newspaper for a continuous period of not less than seven days, at least 15 days prior to the first scheduled collection/pick-up date. Notification may also be made by the mailing of a "flyer" or "newsletter" indicating the designated dates and collection or pick-up site(s), to each dwelling unit, public or private institution and commercial and industrial establishment within the Borough of Cliffside Park.
[Ord. No. 2-1988, S8]
Any owner, lessee or occupant of any dwelling unit, public or private institution and commercial or industrial establishment, actively participating in a recycling program within the Borough of Cliffside Park, or its authorized agent, shall submit monthly verifications of the tonnage of materials recycled.
The monthly verification shall be submitted to the recycling coordinator no later than 20 days following the end of the month after inception of this program. Failure to do so may cause the program to be terminated at the option of the town recycling coordination.
[Ord. No. 2-1988, S8]
The police department, the department of code enforcement, the recycling coordinator, mayor, council and/or the director of the department of public works are hereby authorized and directed to enforce this chapter and amendments thereto.
[Ord. No. 2-1988, S9]
The mayor and council may, by resolution, establish additional rules and regulations covering the collection and disposal of ashes, trash, refuse, garden refuse and garbage. Said rules and regulations upon promulgation shall be posted on the bulletin board maintained by the Borough of Cliffside Park and published in a newspaper acceptable for general legal advertisement by the Borough of Cliffside Park.
[Ord. No. 2-1988, S10A; Ord. No. 10-94]
a. 
The department of public works may refuse to service any occupant who fails to comply with the provisions of this article. In addition, any occupant who, after receiving a written notice of noncompliance, shall be subject for any violation, for which a citation may thereafter issue, to the following:
1. 
For a first or second violation, a fine not exceeding twenty-five ($25.00) dollars.
2. 
For a third or fourth violation, a fine not exceeding fifty ($50.00) dollars.
3. 
For a fifth or subsequent violation, a fine not exceeding one-hundred ($100.00) dollars.
4. 
There shall be a fine imposed for the improper use of a recycling container by using it for the disposal of garbage or any other purpose not intended by this chapter. The fines recited on this schedule shall also apply to the improper use of a recycling container. (It shall be noted that the recycling containers are actually the property of the Borough of Cliffside Park and are furnished to the citizens to facilitate the proper disposal of items described in the recycling ordinance.)
b. 
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.
c. 
No occupant shall be served a citation for any violation of this article until at least 30 days after the implementation of the required source separation and recycling programs.
[Ord. No. 10-90; Ord. No. 10-94; Ord. No. 1-95, SI; Ord. No. 2009-01, SS1-3]
a. 
Effective January 1, 1991, it shall be mandatory for all owners, lessees and occupants of business and/or commercial properties to separate corrugated cardboard, glass bottles, high-grade paper, batteries and ferrous metal produced by such business or commercial properties for private collection/deposit and the ultimate recycling of said material.
b. 
Designation of recyclable materials:
1. 
Mandatory. The following are identified as mandatory recyclable materials:
Residential Sector
Commercial Sector
Newspaper
Corrugated cardboard
Glass beverage containers
High-grade office paper
Aluminum cans
Glass beverage containers
Ferrous scrap
Ferrous scrap
Leaves
White goods
White goods
Aluminum cans
Tin cans
Mixed paper
Grass
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ ferrous metal, asphalt, corrugated cardboard, where practical)
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ ferrous metal, asphalt, corrugated cardboard, where practical)
Corrugated cardboard
Mixed
Type 1 and Type 2 plastic containers
c. 
Separation, collection and disposal methods of designated recyclable materials.
1. 
Aluminum (mandatory) must be separated and disposed of by a private scavenger.
2. 
Automotive waste oil (mandatory) shall be separated and disposed of by a private scavenger.
3. 
Corrugated cardboard (mandatory) shall be separated and disposed of by a private scavenger.
4. 
Ferrous metal (white metal) (mandatory) shall be separated and disposed of by a private scavenger.
5. 
Glass (mandatory) shall be disposed of either by a private scavenger or disposed of in receptacles provided at the municipal recycling center.
6. 
High-grade office paper (mandatory) shall be separated and disposed of by a private scavenger.
7. 
Leaves (mandatory) shall be separated and disposed of by a private scavenger.
8. 
Newspapers (mandatory) may be separated and disposed of by either a private scavenger or disposed of in receptacles provided at the municipal recycling center.
9. 
Batteries (mandatory) shall be disposed of by either a private scavenger or disposed of in receptacles provided in the municipal recycling center.
10. 
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metals, asphalt, corrugated cardboard) shall be placed separately in Type I and II plastic containers.
d. 
Registration requirements. It shall be the responsibility of all owners, lessees and occupants of business and/or commercial properties to register annually with the municipal recycling coordinator on forms provided by the borough. The annual registration must be filed with the recycling coordinator on or before January 10 of each year. At the inception of this subsection, for year 1991, such registration shall be filed no later than April 15, 1991. The fee for each annual registration shall be twenty-five ($25.00) dollars and shall accompany the registration form. New businesses and/or commercial properties must file within forty-five days of the issuance of a certificate of occupancy.
e. 
Reporting requirements. It shall be the responsibility of owners, lessees and occupants of business and/or commercial properties to report semi-annually to the recycling coordinator on or before March 1 for the preceding six-month period of July 1 through December 31 and on or before September 1 for the preceding six-month period of January 1 through June 30; the quantities of materials recycled on forms prescribed and provided by the recycling coordinator.
f. 
Exemptions. Exemption from mandatory municipal recycling program may be requested by any owner, lessee or occupant of business and/or commercial properties of the recycling coordinator. A request for exemption must be made in writing on the prescribed form and submitted to the recycling coordinator.
g. 
Private scavenger contracts. If the commercial user is either unable or unwilling to secure a market and collector for designated mandatory recyclable materials, the Borough of Cliffside Park, through its recycling coordinator, may secure such markets and enter into contracts on behalf of the commercial user for the collection and disposal of designated recyclable materials; provided, however, that the commercial user shall be responsible for any and all expenses associated with said con; tract.
[Ord. No. 10-90]
a. 
Effective April 1, 1990, it shall be mandatory for all private, public and governmental institutions and buildings to separate high-grade office paper produced by such institutions for private garbage collection and the ultimate recycling of materials. High-grade office paper (mandatory) shall be separated and disposed of by a private scavenger.
b. 
Private scavenger contracts. If the institutional user is either unable or unwilling to secure a market and collector for designated mandatory recyclable materials, the Borough of Cliffside Park, through its recycling coordinator, may secure such markets and enter into contracts on behalf of the institutional user for the collection and disposal of designated recyclable materials; provided, however, that the institutional user shall be responsible for any and all expenses associated with the contract.
[Ord. No. 10-94, SI]
This section of the chapter shall be applicable to the demolition of any structure and shall include, but not be limited to, construction debris, demolition debris, roofing debris, trees, including stumps, branches and shrubbery and grass clippings.
[Ord. No. 10-94, SII]
Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the construction official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such security shall be in the amount of three thousand ($3,000.00) dollars for one and two family homes and accessory buildings, and ten thousand ($10,000.00) dollars for all other buildings. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good and workmanlike manner as well as to guarantee compliance with subsection 25-16.3 of this section, in addition to all other regulations governing demolition. In the event a bond is posted, the beneficiary of the security or obligee shall be the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place, and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the expiration date of the demolition permit, plus an additional 30 days.
[Ord. No. 10-94, SIII]
Within five days after completion of demolition of any building or structure, the applicant shall cause to be filed with the recycling coordinator of the borough, a municipal recycling tonnage application commercial business form and accompanying documentation. Such form shall be available, and be filed with the recycling coordinator of the borough. In the event any person, including an owner, contractor or builder, during the course of a demolition activity shall discover the existence of recyclable items, same shall be reported and duly documented in accordance with this section and the recycling coordinator shall be notified.
[Ord. No. 10-94, SIV]
In the event within 30 days after demolition of the building or structure, the recycling coordinator has not received the required documentation pursuant to subsection 25-16.2 of this section, and the construction official has been notified in writing of the commencement of litigation and the court in which such litigation has commenced, and that the said litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the construction official shall forthwith transmit such security bond to the clerk of the court involved for disposition of the matter.
[Ord. No. 10-2005, SSI-V]
a. 
Purpose. The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Cliffside Park so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply is hereby enacted.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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.
c. 
Prohibited conduct.
1. 
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, unless the yard waste is containerized in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
2. 
This subsection is subject to the subsection 25-17.2 entitled Yard Waste Collection Program. If any provisions of this subsection and subsection 25-17.2, Yard Waste Collection are in conflict, it is conclusively presumed that subsection 25-17.2 shall control.
d. 
Enforcement. The provisions of this subsection shall be enforced by the Cliffside Park Police Department, Building Department and/or Health Department.
e. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to (i) a fine not to exceed one thousand ($1,000.00) dollars; or (ii) imprisonment for a period not to exceed 90 days; or (iii) both. The borough reserves the rights to issue daily summonses if the provisions of this subsection are violated.
[Ord. No. 11-2005, SSI-VI]
Editor's Note: This subsection is to be read in conjunction with subsection 25-17.1, Containerized Yard Waste. If any provision of this subsection and subsection 25-17.1 are in any conflict, it shall be conclusively presumed that this subsection shall control.
a. 
Purpose. The purpose of this subsection is to establish a yard waste collection and disposal program in the Borough of Cliffside Park so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply is hereby enacted.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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.
c. 
Yard waste collection. 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 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 subsection with the violation summons to be issued to the landscaper if it is determined that the violator was not the homeowner. If such placement of yard waste occurs, the party responsible for placement of the yard waste/landscape must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
d. 
Yard waste collectors/landscapers. All landscapers who perform any landscaping duties in the borough are required — no later than March 1 of each calendar year — to register with the Cliffside Park Building Department. The cost of registration above will be one hundred ($100.00) dollars annually. Additionally, the landscapers shall be required to submit a copy of their insurance certificate plus an acknowledgment that they have received a copy of this subsection.
e. 
Enforcement. The provisions of this subsection shall be enforced by Cliffside Park Police Department and/or Department of Public Works.
f. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to (i) a fine not to exceed one thousand ($1,000.00) dollars; or (ii) imprisonment for a period not to exceed 90 days: or (iii) both.