[HISTORY: 1973 Code §§ 50-1—50-9 as amended through October 13, 2016. Amendments noted where applicable.]
It shall be unlawful for any person or persons, firm or corporation to gather, collect, remove or in any way interfere with the collection of ashes, garbage or other refuse made from any dwelling house, tenement, store or other building, place or premises, or to engage in the business or occupation of gathering, collecting or removing ashes, garbage or other refuse made within the Borough of North Caldwell, or to use the streets of the Borough of North Caldwell for the purpose of transporting the same, except in conformity with the requirements of a Certificate of Public Convenience and Necessity pursuant to N.J.S.A. 48:13 from the Department of Environmental Protection.
For the purposes of this chapter, the following definitions shall apply:
ASHES AND REFUSE
The residue of any material used as fuel for heating or cooking purposes after combustion has taken place, broken or discarded crockery, glassware, rags, household utensils, house-sweepings, bottles, tin cans, rubbish and waste products, but not building material or fixtures, trees, earth, stones or industrial waste.
DEBRIS
Garden refuse, including grass clippings, garden clippings, leaves, weeds, litter, hedge clippings, which shall be packed in plastic bags, the contents of which shall not exceed 60 pounds and left for curb pickup, and including Christmas trees, small shrubs and small tree branches, which must be tied securely in bundles of not more than four feet in length.
[New]
GARBAGE
Dead animals, the refuse of animal and vegetable matter which has been used as food and all other household waste matter, exclusive of ashes and refuse as herein defined.
The Borough Council be and is hereby authorized to grant the exclusive privilege of removing and transporting such garbage, ashes and refuse upon competitive bidding, the term of such exclusive privilege to be for not more than five years. An award of such exclusive privilege may be granted to the bidder whose bid provides for the lowest rates for the removal and disposal of such garbage, ashes and refuse; provided, that such bidder shall show that he or it in all respects complies with the rules and regulations in the chapter hereby adopted, and of the Board of Health, and with the terms and conditions of specifications hereby adopted or to be hereafter adopted by the said Council for the granting of such exclusive privilege. The successful bidder shall furnish a surety bond satisfactory to the Mayor and Council in a sum of not less than $20,000 per annum, the condition of which shall be that the successful bidder shall perform the services set forth in his or its bid for a sum not in excess of the amount quoted in such bid, and that he or it shall comply with the terms and provisions of this chapter, the ordinances and rules and regulations of the Board of Health and the specifications adopted or to be hereafter adopted by the Council in connection with the collection and removal of such garbage, ashes and refuse.
Every bidder for a scavenger license shall furnish the Mayor and Council with the following information:
A. 
The number of his or its trucks and type thereof, with the carrying capacity.
B. 
His or its financial ability to carry on a proper scavenger service.
C. 
That he or it has a location for the disposal of garbage, ashes and refuse and other collected material.
D. 
That said site is available to the licensee for the period of the license.
E. 
That said site for the disposal of garbage, ashes and refuse and other collected material is located outside the limits of the Borough of North Caldwell.
F. 
That the governing body of the municipality in which said site is located has authorized the dumping of such material, which shall be certified by a certificate of the Borough Clerk.
G. 
That a permit has been granted to the bidder for dumping purposes on said site by the Board of Health of such municipality.
H. 
An itemized list of all machinery, trucks and equipment owned by bidder and available for use for the performance of his or its contract with the Borough of North Caldwell. Said equipment shall be made available for inspection by the Borough Engineer and a committee of the Council at reasonable times during a period of 10 days prior to the bidding hereinafter provided for.
A. 
Every applicant for a license shall have at all times an adequate number of trucks of ample power and carrying capacity required to perform his or its contract. The trucks shall at all times be in good mechanical operating condition, of good appearance and shall be provided with heavy covering for containing the contents.
B. 
The licensee shall provide adequate automobile public liability and workmen's compensation insurance, and certificates of the insurance company evidencing such coverage shall be filed with the Borough Clerk at the time of the issuance of the license.
C. 
The licensee shall collect, remove and transport all garbage, ashes and refuse and other material collected in such manner that no material, solid or liquid, shall escape and drop upon the ground. If any material is spilled, it shall be immediately cleaned up. When the truck is fully loaded, the contents shall be carefully secured by a covering.
D. 
Collections shall start not earlier than 7:00 a.m. and not later than 8:30 a.m., and shall stop not later than 7:00 p.m. on the days fixed for said collection.
E. 
All avoidable noise shall be prevented. Containers shall be properly and carefully replaced.
F. 
Drivers and collectors shall at all times be courteous, sober and responsible, and shall wear a badge identifying the licensee by name and the employee by serial letter or number. Said badge shall be conspicuously displayed by the employee at all times. Collectors shall not walk across lawns to adjoining properties.
G. 
The licensee shall notify customers of changes or omissions in collections not less than three days nor more than five days in advance of such change.
H. 
A minimum of five years previous experience in municipal side-yard garbage service collection shall be required.
[New]
I. 
The licensee shall maintain a local office or qualified agent with a telephone, to be in a position to act on complaints and transact business and shall see that such complaints receive prompt and proper attention.
J. 
The licensee shall be under the supervision of the Borough Health Officer, or any other agent designated by the council.
K. 
The license shall be issued for a period of time acceptable to the Mayor and Council, upon receipt of bids or proposals for the furnishing of such service.
L. 
For violation of regulations of this chapter or of the Board of Health, the Mayor and Council may cancel said license at its option upon a hearing brought on charges of such violation and a conviction thereof.
[New]
A. 
The licensee shall, pursuant to a proposal for the collection and disposal of garbage, ashes and refuse, fix and determine a unit price per month for each dwelling for such collection and disposal, and furnish all labor, equipment and means for such purpose. The licensee shall file with the borough on or before the first Tuesday in each month a list of each one- and multiple-family dwelling, and collection service rendered for the period commencing on the first day of each month and terminating on the last day of each month at the price which shall be established by said bid and award of contract by the Mayor and Borough Council. The borough shall pay monthly to the licensee the aggregate charge for such service at the unit price therefor on the Friday following the second Tuesday of each month.
B. 
The Council may also provide for the collection of debris, consisting of leaves and grass clippings, litter, garden and hedge clippings, which shall be packed in plastic bags, the contents of which shall not exceed 60 pounds, and including Christmas trees, small shrubs and small tree branches, which shall be tied securely in bundles of not more than four feet in length and left at the curb for pickup, at a unit price for each dwelling, payable at the same time and in the same manner as hereinabove provided.
It shall be the duty of the licensee to furnish and make available scavenger service to all residents of the Borough of North Caldwell, including residential, commercial and industrial; provided reasonable access may be had to the property of such resident.
[New]
Any person or persons, firm or corporation violating any of the provisions of this chapter shall, for each offense, be subject to a penalty as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq., in the discretion of the Judge. Every day that any violation continues shall constitute a separate and distinct offense.
The purpose of this chapter is to regulate the removal of garbage, ashes and other refuse made, and thereby to promote the public health, comfort and welfare of the inhabitants of the Borough of North Caldwell.