[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 12-20-76 as Ord. No. 796. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
SOLID WASTE
All garbage and rubbish normally placed at the curb by the residents and commercial occupants of the Borough of Somerville for regular municipal collection.
USED NEWSPAPER
Paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are all magazines or other periodicals as well as all other paper products of any nature whatsoever.
On and after the date fixed and promulgated by regulation issued by the Superintendent of Public Works of the Borough of Somerville in accordance with the terms hereof, it shall be mandatory for all persons, except those physically disabled, who are owners, lessees and occupants to separate used newspapers from all other solid waste produced by any such residences and nonresidences and to separately bundle said newspapers for pickup, collection and recycling.
Said newspapers shall be compacted and shall be tied or otherwise secured in bundles not exceeding thirty (30) pounds in weight. Such bundles shall be placed separately at the curb for collection at such time as may hereinafter be established by regulation.
From the time of placement at the curb by any resident of used newspapers for collection by the Borough of Somerville in accordance with the terms hereof, such used newspapers shall be and become the property of the Borough of Somerville or its authorizing agent. It shall be a violation of this chapter for any person unauthorized by the Borough of Somerville to collect or pick up or cause to be collected or picked up any such newspapers. Each such collection in violation hereof from one (1) or more residences shall constitute a separate and distinct offense punishable as hereinafter provided.
The Superintendent of Public Works hereby is authorized and directed to enforce this chapter. He is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of used newspapers in accordance with the terms hereof. Such regulations shall be promulgated and effective not later than four (4) months from the date hereof. Within thirty (30) days from the date of the promulgation and publication of said regulations, the Borough Council may, by majority vote, change, modify, repeal or amend any portion of said rules and regulations.
[Amended 2-19-85 by Ord. No. 982]
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not to exceed one thousand dollars ($1,000) or ninety (90) days in jail, or both.
The Borough Council may, in accordance with the procedures of N.J.S.A. 40A:12-1 et seq., enter into agreements granting a franchise or license to qualified persons, partnerships or corporations, to authorize them to collect all used newspapers at curbside. The Borough Council may, in accordance with the procedures of N.J.S.A. 40A:11-1 et seq., enter into agreements to have all used newspapers collected at curbside; provided, however, that the Borough Council sell said used newspapers for an amount greater than the cost of collection. The Borough Council may, if it elects, use borough personnel to collect used newspapers at curbside and sell said used newspapers pursuant to N.J.S.A. 40A:12-1 et seq.
Anything herein to the contrary notwithstanding, any person who is an owner, lessee or occupant may donate or sell used newspapers 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 used newspapers from curbside in the Borough of Somerville, whether or not said used newspapers are placed at curbside on or immediately preceding regular curbside collection.