[Ord. No. 91:14 § 5]
The Mayor and Council hereby find that the existing regulations
for the collection and disposal of solid waste and refuse within the
Borough require revisions to update and clarify. The purpose of this
section is to regulate and control the collection, disposal and transportation
of solid waste within the Borough whether collected by Borough personnel
or by private carters.
All collection, disposal and transportation of solid waste within
the Borough shall be performed in accordance with the terms, conditions
and regulations of this section, as supplemented by such additional
regulations as may be promulgated by the Director of Public Works
of the Borough, in such lawful form as those regulations may take.
[Ord. No. 91:14 § 5]
As used in this section:
BUILDING AND SITE DEBRIS
Shall mean lumber, plastic, sheetrock, insulation, shingles,
stumps, rubble, and other similar material generated by any land clearance
activity or other development requiring a building permit.
GARBAGE
Shall mean any animal or vegetable waste solid resulting
from handling, preparation, cooking or consumption of foods, but not
including human waste.
GLASS, (NONRECYCLABLE)
Shall mean window plate glass, Pyrex, vehicular windshields,
mirrors, ceramics, porcelain dishes and cups.
HAZARDOUS MATERIALS
Shall mean any and all liquid or solid waste presenting a
potential damage to health and safety by reason of its pathological,
explosive, radiological, or toxic characteristics, including, but
not limited to those defined by N.J.S.A. 13:1E-38(C). The recycling
department at the Borough should be contracted concerning the disposal
of these items.
RESIDENTIAL USER
Shall mean a dwelling unit such as a home or multi-family
dwelling of four or less units.
PROHIBITED MATERIAL
Shall mean rubble, bricks, cinder blocks, concrete, stone,
rocks, building and site debris, tree stumps, chemicals, hazardous
material, and any solid waste not generated on and from the premises
from which collection is sought.
SOLID WASTE
Shall mean any and all types of materials which shall be
collected by the municipality or its scavengers.
[Ord. No. 91:14 § 5]
It shall be unlawful to dump or dispose of any garbage, rubbish,
trash, ashes, debris, tree stumps, tree toppings, brush and inert
materials of any kind or nature in any section, area or lands in the
Borough. However, clean ashes or sand may be placed upon ice when
formed upon any sidewalk or duly designated parking area.
[Ord. No. 91:14 § 5; Ord. No. 93:13 § 1; Ord. No. 2014:04]
a. Days. Each residential and eligible nonresidential user shall have
its garbage and solid waste collected twice weekly during the months
of June, July and August and once weekly the remaining months of the
year per the announced schedule of the Borough Recycling Coordinator.
There shall be no solid waste collections on Sundays or scheduled
holidays that fall upon any collection day. Holidays to be observed
are those as shall be announced in advance by the Borough Administrator.
Entities and complexes not served by the municipal scavenger
shall have their solid waste collected on such schedule (excepting
Sundays) as their private agreement shall provide.
b. Hours. The hours of solid waste collection shall be from 6:30 a.m.
until dusk, with the exception of River Road and the Boulevard where
collection may begin at 6:00 a.m., and shall apply both to public
and private collection.
[Ord. No. 91:14 § 5]
a. Covered solid waste containers shall be placed at a point between
the curb and sidewalk in front of or along the line of the respective
properties on the days and at the times fixed by the Borough Administrator
when the collection of solid waste and garbage is to be made. Containers
must be placed so as to prevent injury to children or other persons.
The Borough Administrator shall have the authority to designate more
precise curbside collection points. Such containers as are reusable
shall be removed from street sight within 12 hours after collection.
b. No covered containers or their contents shall be placed along the
sidewalk for collection prior to 6:00 p.m. of the day before such
materials are to be collected.
c. Containers shall meet all of the following criteria:
1. Each container used for collection at a single family home shall
have a capacity of not more than 32 gallons.
2. Containers must be leakproof, waterproof and have a properly fitting
lid to prevent the contents from dissipating.
3. The container must be covered when placed at curbside collection.
4. No single family residential solid waste container shall weigh more
than 45 pounds when placed at the curb for collection. Nor shall solid
waste be wedged into the containers in such a manner as to render
it infeasible to separate the solid waste from its container. Each
single family property owner shall be allowed to place a maximum of
five solid waste containers at the curb on collection day.
d. Building and site debris, including roof shingles, cement blocks
and black top macadam shall not be collected by the Borough. It shall
be the responsibility of a construction contractor, property owner,
or his or her agent to have the building and site debris removed and
disposed of at his or her expense. A roll-off container should be
provided by the construction contractor, property owner or his or
her agent for the collection of building debris. The container's placement
must be approved by the Police Department. The container must have
lights to be visible at night.
e. Yard debris not regulated by the municipal recycling program, and
other loose materials must either be placed in containers complying
with the provisions of this section or bundled securely by cord or
otherwise fastened but may not be any larger than four (4') feet long
and eighteen (18") inches in diameter.
f. Containers must be maintained in a manner that is not dangerous to
the health or safety of the public. Any containers that are badly
broken, damaged or deteriorated or otherwise fail to meet the requirements
of this section may, at the discretion of the Borough Administrator,
not be collected.
g. Drums, barrels, baskets, plastic bags and paper bags are not acceptable
solid waste containers and will not be collected. All residential
solid waste except those materials hereinafter identified as mandatory
recyclable, and other special materials, must be placed in approved
solid waste containers.
h. No private carter, collector or refuse truck shall collect garbage, operate its hydraulic mechanisms, or travel through the Borough other than on truck designed roadways, except during the days and hours set forth in subsection
16-1.4.
i. Residential apartment complexes shall be permitted to use seven to
10 yard dumpsters accessible to rear end loaders for public street
curbside garbage collection provided the following requirements are
met:
1. Dumpsters must be fitted with covers that are lockable, and must
be closed at all times except when garbage is being put in or taken
out by the responsible parties.
2. Dumpsters must be located at public streetside curbs and surrounded
by a fence at least as high as the dumpster. The fence must enclose
the dumpster on four sides and over the top of the dumpster.
3. The fenced in area must be secured by a lock which is accessible
only to the apartment complex owner or his representative and the
contractor or entity picking up the garbage.
[Ord. No. 91:14 § 5]
a. Equipment and bulk material will be collected in accordance with the New Milford Recycling Ordinance (Section
16-3). A citizen of the Borough desiring to have such material removed from his or her premises shall contact the Recycling Coordinator who shall then inform such citizen as to the date upon which the material may be collected and whether the material is of such nature that it will be collected by the Borough or its representatives. In no event shall automobile parts or tires be collected at any time and disposal of such items shall be the sole responsibility of the owner. All doors or lids on the equipment or bulk items shall be removed prior to placement for collection.
b. No hazardous or prohibited material shall be placed at the curb for
collection by the Borough or its agent by any resident or entity without
first obtaining permission from the Recycling Coordinator or his designee.
Upon application thereto, the Recycling Coordinator shall render a
decision whether or not the material is acceptable for disposal in
a landfill or must be disposed of by private removal for which the
resident or entity must pay a separate charge. All contractors performing
tasks generating building and site debris shall arrange for its prompt
removal by private carting firms.
c. No garbage, refuse or solid waste shall be stored or transferred
within the limits of the Borough unless prior to the storage or transfer
permission has been granted by the Mayor and Council and provided
further that all necessary approvals and permits have been received
from the County of Bergen and the State of New Jersey.
d. No person or entity shall bring, cart, remove, transport or collect
any solid waste from outside the Borough into the Borough for the
purpose of dumping or disposal at curbside collection.
[Ord. No. 91:14 § 5]
a. Any person found guilty of violating the provisions of this section
shall be deemed guilty of an offense and upon conviction thereof shall
be fined an amount not less than one hundred ($100.00) nor exceeding
$1,000 or imprisoned for a period not to exceed 90 days, or both,
for each offense. Each day that such a violation has been found to
occur shall be deemed to be a separate violation of this article and,
as such, may be separately penalized in accordance with the provisions
of this subsection.
b. Noncompliance with the restriction as to the type, size and weight
of containers shall be considered sufficient cause by the Borough
for the noncollection of the garbage placed in the noncompliant containers.
The superintendant of the Department of Public Works and Recycling
Coordinator are authorized and directed to enforce his section. He
or she is authorized and directed to establish and promulgate regulations
in accordance with the terms hereof.
[1968 Code § 41-1; Ord. No. 89:19 § 1]
It shall be unlawful for any person to discard or dump along
any street, on or off any right-of-way, or on any Borough or private
owned lands, any household or commercial solid waste, rubbish, refuse,
junk, garbage, ashes, vehicle or vehicle parts, rubber tires, appliances,
furniture, or private property, except by written consent of the owner
of the property, in any place not specifically designated for the
purpose of solid waste storage or disposal, and without first having
obtained a permit thereof.
[1968 Code § 41-2]
All applications for permits shall be in writing, signed by
the applicant, and presented to the Superintendent of Public Works.
The applicant shall state the correct name and address of the applicant,
the type of materials to be deposited, the location from which the
refuse or debris is to be removed, the location to which the refuse
or debris is to be deposited, and the length of time required.
[1968 Code § 41-3]
The Superintendent of Public Works shall investigate and consider
the application and shall indicate in writing on the application his
approval or refusal.
[1968 Code § 41-4]
If the application is refused, the Superintendent of Public
Works shall indicate his reasons for so doing and the applicant shall
have the right of appealing within a reasonable time to the Mayor
and Council. If the application is approved, the Superintendent of
Public Works shall issue a permit to the applicant.
[1968 Code § 41-5]
All permits hereunder shall be exhibited to municipal officials
upon request by any of them.
[1968 Code § 41-6]
No permit issued hereunder shall be transferable.
[1968 Code § 41-7]
All of the waste materials shall be disposed of in the areas
indicated by the Superintendent of Public Works. Failure to comply
with this requirement shall be sufficient reason for revocation of
the permit.
[1968 Code § 41-8; New]
Any person or persons, firm, partnership, association or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 89:2 § 2; Ord. No. 2014:08]
It is the purpose of this section to comply with the mandatory,
Statewide recycling program, L. 1987, Ch. 102 and the Clean Communities
and Recycling Act, N.J.S.A. 13:1E-96.2 et seq.
[Ord. No. 89:2 § 4; Ord. No. 2014:08]
As used in this section:
CERTIFIED RECYCLING COORDINATOR OR CERTIFIED RECYCLING PROFESSIONAL
These terms may be used interchangeably and refer to the
position mandated by N.J.S.A. 13:1E-99.16 and defined in N.J.S.A.
13:1E-96.4 as "a person or persons designated as such pursuant to
section 3 of P.L.1987, c. 102 (C.13:1E-99.13) or section 6 of P.L.1987,
c. 102 (C.13:1E-99.16)."
DESIGNATED RECYCLABLE MATERIALS
Shall mean those recyclable materials, including metal, glass,
paper or plastic containers, corrugated and other cardboard, newspaper,
magazines, or high grade office paper designated in this section to
be source separated. All designated recyclable materials defined herein
or as may be amended by State law may be amended as directed by the
Recycling Coordinator provided same complies with State law.
DISPOSITION OR DISPOSITION RECYCLABLE MATERIALS
Shall mean transportation, placement, reuse, sale, donation,
transfer or temporary storage for a period not exceeding six months
of designated recyclable material for all possible uses except for
disposal as solid waste.
DWELLING UNIT
Shall mean and include a one family home and a two family
home.
MAGAZINES
Shall mean and include all magazines or periodicals printed
on glossy stock or paper of heavier quality than that commonly recognized
as newsprint.
MUNICIPAL SOLID WASTE STREAM
Shall mean all residential, commercial and institutional
solid waste generated within the boundaries of the Borough, as measured
in tons.
NEW MILFORD RECYCLING COORDINATOR
A position established in the Borough of New Milford to meet
the statutory obligations of the Borough with respect to recycling
as set forth in N.J.S.A. 13:1E et seq. Any person hired for this position
shall either possess the requisite training and certification or enroll
in and complete such training within two years of being hired.
NEWSPAPERS
Shall mean and includes 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.
NONRECYCLABLE MATERIAL
Shall include plastic bags, pizza boxes, children's plastic
toys, Styrofoam peanuts and pieces, Styrofoam of any type including
egg cartons, garden hoses, aerosol containers, road kill, motor oil
containers, pesticide containers, plastic caps for bottles, plastic
pails for food, plastic trays, plastic tubs, plastic cups (commonly
referred to as "Solo" cups) and plastic cutlery, window glass, mugs,
vases, lightbulbs, bakeware, or any container contaminated with food.
PAPER
Shall mean and include all newspaper, high grade office paper,
fine paper, bond paper, offset paper, copy paper, mimeo paper, duplicator
paper, and related types of cellulosic material containing not more
than 10% by weight or volume of non-cellulosic material such as laminates,
binders, coatings, or saturants.
PAPER PRODUCT
Shall mean any paper items or commodities, including but
not limited to, paper napkins, towels, corrugated and other cardboard,
construction material, toilet tissue, paper and related types of cellulosic
products containing not more than 10% by weight or volume of non-cellulosic
material such as laminates, binders, coatings or saturants.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become municipal
solid waste which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
RECYCLABLE PLASTIC CONTAINER
Shall mean plastic containers composed of the following material:
Polyethylene Terephthalate (PETE), High Density Polyethylene (HDPE),
Polypropylene (PP). These materials are commonly identified by markings
with the solid equilateral triangle also known as the Resin Identification
Code which contains the numbers 1, 2 and 5 setting forth the resin
of the material.
RECYCLED PAPER PRODUCT
Shall mean any paper product consisting of not less than
50% secondary water paper material.
RECYCLED PAPERS
Shall mean any paper not having a total weight consisting
of less than 50% not secondary waste paper material. Commonly known
as newspaper, cardboard, junk mail, high grade and mixed paper.
RECYCLING
Shall mean any process by which materials which would otherwise
become solid waste are collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Shall mean any facility designed and operated solely for
receiving, storing, processing and transferring source metal, glass,
paper, plastic containers, corrugated and other cardboard or other
recyclable materials approved by the Department of Environmental Protection.
Grass clippings and solid waste are not to be delivered to the Recycling
Center.
RECYCLING SERVICES
Shall mean the services provided by persons engaged in the
business of recycling, including the collection, processing, storage,
purchase, sale or disposition, or any combination thereof, of recyclable
materials.
SOURCE SEPARATE RECYCLABLE MATERIALS
Shall mean recyclable materials, including but not limited
to paper, metal, glass, food waste, office paper and plastic which
are kept separate and apart from residential, commercial and institutional
solid waste by the generator thereof for the purposes of collection,
disposition and recycling.
[Ord. No. 89:2 § 5; Ord. No. 2014:08]
There is hereby created the position of New Milford Recycling
Coordinator. He/she shall work in coordination with the Garbage and
Recycling Committee (sometimes referred to as the "Recycling Committee")
on all recycling projects.
[Ord. No. 89:2 § 6; Ord. No. 93:13 § 2; Ord. No. 2014:08]
The following materials are designated as recyclable under the
mandatory program:
a. Residential Sector.
2. Newspapers and magazines.
6. Plastics: only those defined above and numbered 1, 2, and 5 in the
equilateral triangle symbol.
11. Junk mail, light cardboard, books and telephone books.
14. Rechargeable household batteries.
16. Such other items as from time to time designated by the Borough Recycling
Coordinator.
b. Commercial Sector.
3. Glass beverage containers.
8. Construction and demolition debris.
[Ord. No. 89:2 § 7; Ord. No. 2014:08; Ord.
No. 2017:16]
a. It shall be mandatory for all persons who are owners, lessees and
occupants of property in the Borough to separate the recyclable materials
designated in this ordinance from all other solid waste.
b. From September 1 to December 31 of each year, the owner, lessee or
occupant of every property within the Borough shall source separate
leaves from solid waste generated at that property. Leaves shall be
placed in the street at curbside in front of the property. Leaves
may not be placed in plastic bags.
c. All newspapers, magazines, corrugated cardboard and light cardboard
will be bundled securely or put into containers (e.g., garbage can
or similar container) to ensure that they will not be capable of being
windblown or distributed in the public streets, and provided further
that the maximum weight of any bundle does not exceed 35 pounds (approximately
12 inches high). Recycling of newspapers, magazines, corrugated cardboard,
and light cardboard is mandatory in New Milford. This section replaces
any existing ordinances but does not in any way alter the current
status of paper. On no occasion can any recyclable material be placed
curbside for collection in a plastic bag. New homeowners are provided
with one recycling container, free of charge. Replacement or additional
recycling cans may be purchased for $16. Container lids can be purchased
for $5.
[Amended 11-23-2020 by Ord. No. 2020:17]
d. The recyclable materials set forth in this subsection may be delivered
by the owner or occupant to the recycling area. The following items
are not to be placed curbside for collection but must be brought to
the Recycling Center: Heavy duty corrugated cardboard, rechargeable
batteries and car batteries, car tires (no oversize tires) waste oil.
Textiles maybe recycled in the appropriately marked containers ordinarily
in close proximity to the Recycling Center. These containers are not
owned or operated by the Borough.
e. Newspapers, magazines and corrugated paper as set forth above shall
not be placed at the curb earlier than 6:00 p.m. of the previous day
established for pickup.
f. All commercial property and multifamily property owners, occupants,
lessees and tenants shall be jointly and severally responsible for
providing and maintaining appropriately sized and covered containers
for recycling storage and pickup. All such containers shall be in
good working order with wheels turning freely as designed, covers
which close securely and shall not leak fluids or permit foul odors
to emanate there from.
[Ord. No. 89:2 § 8; Ord. No. 2014:08]
Collection of domestic or household bulky items such as washing
machines, electronics, metal, refrigerators - with door removed, stoves,
household appliances, shall not be placed at the curb for collection
unless special arrangements have first been made with the Recycling
Coordinator.
Collection of domestic or household items such as washing machines,
refrigerators, stoves, household appliances, metal, and electronics
and metal, shall be placed at the curb for collection on those dates
designated for white goods, electronics and metal collection. At least
24 hours' notice shall be given to the Department of Public Works
prior to placing the items curbside for collection. There will be
no pickup without prior notice. No items shall be placed curbside
prior to 6:00 p.m. the evening prior to the scheduled pickup.
[Ord. No. 89:2 § 9; Ord. No. 2013:21; Ord.
No. 2014:08]
Collection from curbside of paper and leaves shall be made by
contract or Borough employees, for outside services as directed by
the Mayor and Council with primary administrative supervision under
the control of the Recycling Coordinator.
[Ord. No. 89:2 § 10; Ord. No. 2014:08]
The Recycling Coordinator may be authorized to sell and deliver,
by bid or by contract approved by the Mayor and Council, recyclable
materials so collected in order to obtain the best possible price.
[Ord. No. 89:2 § 11; Ord. No. 2014:08]
Nothing in this section shall be deemed to prohibit any owner,
lessee or occupant of disposing of recyclable materials privately
through a sale or gift provided that in no event shall such recyclable
materials be left at the curb for any private pickup and further provided
that in no event shall any such recyclable materials be disposed of
as part of the solid waste pickup by the Borough in accordance with
the normal pickup by the Borough.
[Ord. No. 89:2 § 12; Ord. No. 2014:08]
From the time recyclable materials are placed at the curb by
the owner, lessee or occupant for collection by the Borough such recyclable
materials shall become the property of the Borough. It shall be a
violation of this section for any such person unauthorized to collect
or pick up or cause to be collected or picked up any such recyclable
materials for any purpose whatsoever once the same has been placed
at the curb. Any and each such collection in violation for one or
more premises shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. No. 89:2 § 13; Ord. No. 2014:08]
The Recycling Coordinator shall annually submit a recycling
tonnage report to the State of New Jersey Department of Environmental
Protection, Division of Solid and Hazardous Waste, in accordance with
law.
[Ord. No. 89:2 § 14; Ord. No. 2014:08]
a. The Recycling Coordinator shall notify all persons owning, leasing
or occupying property within the Borough of the Borough's recycling
opportunities and the source separation requirements of this section.
This notice shall be done by placing an advertisement in a newspaper
circulating in the Borough and by posting a notice in public places
where public notices are customarily posted by the Borough and by
a mailing to all residential taxpayers.
b. Every six months after the initial notification the Recycling Coordinator
shall notify all persons occupying residential, commercial and institutional
premises within the Borough of local recycling opportunities and the
source separation requirements of this section. The notification shall
be done by placing an advertisement or notice in a newspaper circulating
in the Borough and by posting a notice in public places where public
notices are customarily posted by the Borough. Notice may also be
made by bulk mailing to the residents and occupants of the Borough
as well as through electronic messages. Nothing herein shall limit
the Garbage and Recycling Committee from coordinating this effort
with the Recycling Coordinator.
[Ord. No. 89:2 § 15; Ord. No. 2014:08]
This section shall be referred to the Borough Planning Board
for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16(c),
specifically with regard to the collection, disposition and recycling
of designated recyclable materials within any development proposal
for the construction of 50 or more units of single family residential
housing or 25 or more units of multi-family residential housing and
any commercial or industrial development proposal for the utilization
of 100,000 square feet of land. The Planning Board shall also make
recommendations to the Mayor and Council for amendments to the Borough's
zoning regulations and subdivision and site plan regulations in accordance
with this subsection.
[Ord. No. 89:2 § 16; Ord. No. 2014:08]
The Superintendent (or Acting Superintendent) of the Department
of Public Works, Recycling Coordinator (or acting Recycling Coordinator),
Police Officers, Health Officers, Property Maintenance Officers are
hereby authorized and directed to enforce this section.
The Recycling Coordinator is hereby authorized and directed
to establish and promulgate reasonable materials in accordance with
the terms hereof; the rules and regulations are subject to change,
modification, repeal or amendment by majority of the Mayor and Council.
[Ord. No. 89:2 § 17; Ord. No. 2014:08]
Any person, firm or corporation violating the provisions of
this section shall be liable to a penalty of $25 for the first offense,
$50.00 to $250 for the second, and $250.00 to $500 for the third offense
and all subsequent offenses.
A person violating subsection
16-3.10 of this section shall be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 88:6 § 1]
As used in this section:
LEAVES
Shall mean those materials naturally formed from trees and
bushes that are suitable for composting and/or mulching purposes.
SOLID WASTE
Shall mean and include all solid waste, garbage, refuse,
trash, etc, usually disposed of under the municipal garbage contract
and normally placed for curbside pickup by residents in the Borough
for usual collection at regular intervals by the contractor.
[Ord. No. 88:6 § 2]
From September 1 through December 31 each year as promulgated
by regular regulations issued by the Borough Department of Public
Works Superintendent in accordance with the terms hereof. It shall
be mandatory for all persons except those physically disabled, who
are disposing of leaves to segregate same from municipal solid waste
and to place the leaves in curbside for collection in accordance with
this section, at a scheduled interval particular to that specific
geographical area of the Borough as prescribed in the aforementioned
regulations to be promulgated.
[Ord. No. 88:6 § 3]
All persons shall accomplish those obligations contained in
the previous subsection in strict conformity to the following regulations:
a. The use of any and all plastic container bags in conjunction with
actual leaf collection by the Borough is prohibited.
b. All leaves must be separated from municipal solid waste generated
within the Borough and as a consequence are prohibited from inclusion
in the regular curbside collection of municipal solid waste and other
designated recyclables.
[Ord. No. 88:6 § 4; Ord. No. 90:18 § 2]
a. Strict adherence to all requirements contained herein or regulations
to be promulgated notwithstanding, any person may choose to compost
and/or mulch their particular leaves on site for their personal horticultural
benefit providing such activities are of no adverse consequence to
health and safety codes currently governing or to be promulgated to
govern such activity and that such alternate means of disposal are
accomplished at no cost to the Borough.
b. From January 1 to August 31 of each year and at the option and expense
of persons required to separate leaves from municipal solid waste,
the leaves may be brought to the Borough Leaf Transfer Station.
[Ord. No. 88-6, § 5]
This section shall be enforced by the Recycling Coordinator
and the Department of Public Works Superintendent, by the Departments
of Health, Police and Roads, and any such other employees or departments
of the Borough as designated in writing by the Borough Clerk.
[Ord. No. 88:6 § 6]
Any person who violates any provision of this section as well
as regulations issued pursuant thereto, shall upon conviction thereof
be fined in an amount not to exceed $50, with each violation constituting
a distinct and separate offense.
[Ord. No. 2005:02 § I]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of New Milford, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 2005:02 § II]
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.
[Ord. No. 2005:02 § III]
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 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 waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 2005:02 § IV]
The provisions of this section shall be enforced by the New
Milford Police Department and/or other Municipal Officials of the
Borough of New Milford.
[Ord. No. 2005:02 § V]
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 $1,000.
[1968 Code § 48-11]
No garbage, refuse or waste material shall be discharged into
or through any of the public sewers in the Borough.
[1968 Code § 48:12]
No garbage grinder or other mechanical equipment, device or
apparatus for the disposal of garbage, refuse or waste material into
or through any public sewers of the Borough shall be installed, operated
or maintained in any dwelling house, apartment or building in the
Borough.
[1968 Code § 48-13; New]
Any person who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing in this section prohibited shall, upon conviction, be subject to the penalty stated in Chapter
1, Section
1-5.