[Ord. No. O-11-28]
As used in this section:
BULK WASTE
[Added 4-17-2019 by Ord. No. O-19-25]
a. 
Large items of waste material that are nonmetal, including but not limited to:
1. 
Appliances;
2. 
Furniture: sofas, tables, chairs, beds and other wood furniture (even though there may be some incidental metal pieces attached to the furniture, i.e., wooden chair/table with metal legs);
3. 
Lamps;
4. 
Suitcases, trunks, chests;
5. 
Linoleum and similar types of flooring;
6. 
Carpeting (cut and tied);
7. 
Tree parts cut into sections with a maximum height of four feet, tree stumps cut into small sections and brush;
8. 
Mattresses covered in plastic.
b. 
Bulk waste will be collected on the same days as regular garbage collection. There is a limit of four bulky items per pickup.
c. 
The following items are not included with this collection and shall be disposed of on the semiannual Hudson County HHW Collection Day:
1. 
Chain link fencing;
2. 
Radios;
3. 
Batteries;
4. 
Gas tanks, mufflers, tail pipes, catalytic converters;
5. 
Cable strapping;
6. 
Baling wire;
7. 
Metal paint cans;
8. 
Motor oil;
9. 
Smoke detectors;
10. 
Fluorescent lighting fixtures; and
11. 
Nonmetallic material.
CONSTRUCTION, RENOVATION, AND DEMOLITION WASTE ("13C" or "C&D DEBRIS")
[Added 4-17-2019 by Ord. No. O-19-25]
a. 
Waste, building material and rubble resulting from construction, remodeling, repair and demolition operations on residential houses, commercial buildings, pavements and other structures. The following materials may be found in construction and demolition waste:
1. 
Treated and untreated wood scrap;
2. 
Wood pallets and large wooden items;
3. 
Concrete, asphalt, bricks, blocks and other masonry;
4. 
Plaster and wallboard;
5. 
Roofing materials;
6. 
Ferrous and nonferrous metal;
7. 
Nonasbestos building insulation;
8. 
Plastic scrap;
9. 
Dirt;
10. 
Glass (window and door); and
11. 
Other miscellaneous materials; but shall not include other solid waste types.
b. 
Construction, renovation, and demolition waste will not be picked up by the City of Bayonne or its agents. These items must be disposed of by a private company.
c. 
It shall be permissible to dispose of the following types of household waste/debris, notwithstanding that such waste/debris may be considered C&D debris: toilets, plaster boards cut into a maximum of four-foot-by-four-foot sections and tiles. A sticker obtained from the Division of Solid Waste Management must be placed on these items before disposal. These items must be disposed of in accordance with the Division of Solid Waste Management and must be scheduled for pickup through the Recycling Coordinator at 201-858-6070 or 201-858-6099 at least one business day prior to pickup day.
ELECTRONIC WASTE (E-WASTE)
All computers, monitors, laptops, portable computers and televisions. These items must be scheduled for pickup Monday to Friday through the Recycling Coordinator at 201-858-6070 or 201-858-6099 at least one business day prior to pickup day. Please note that other electronic devices (keyboards, mice, printers, microwaves, etc.) are not included in E-waste.
[Added 4-17-2019 by Ord. No. O-19-25]
GARBAGE
Putrescible animal, vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
LITTER
Any used or unconsumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar, or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary processes of sawmilling or manufacturing.
PEDDLER
As adopted by subsection 4-2.1, Definition, Chapter 4, Licensing and Business Regulations, shall mean and include any person, whether or not a resident of the City, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares and merchandise, offering and exposing the same for sale or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker," "huckster" and "vendor."
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RETAIL FOOD ESTABLISHMENT
As adopted by subsection 21-5.2, Permits and Licenses Required, Chapter 21, Health Regulations and defined by N.J.A.C. 8:24-1.3 an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. The operation may be conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food. This operation includes but is not limited to any area, place, store or hall, fixed or mobile, public or private, in which food or drink is prepared for retail sale or service on the premises or elsewhere, restaurant or a catering operation if the operation provides food directly to a consumer or indirectly through a conveyance used to transport food to people or food ban or which relinquishes possession of food to a consumer directly or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders or delivery service that is provided by common carriers.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
SCRAP METAL
Means and includes all discarded products made of steel, aluminum or other materials, used for any purpose, excluding food and/or beverage packaging, i.e., refrigerators, freezers, toaster ovens, washers, dryers, furnaces, stoves, ranges, hot water heaters, air conditioners, trash compactors, dishwashers, metal files, and metal lockers. These items will be collected on Tuesdays.
[Added 4-17-2019 by Ord. No. O-19-25]
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street, including devices used exclusively upon stationary rails or tracks.
[1972 Code § 6-1.2; Ord. No. O-11-28]
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
[1972 Code § 6-1.3; Ord. No. O-11-28; amended 4-17-2019 by Ord. No. O-19-25]
a. 
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way or on private property, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances or furniture in any place not specifically designated for the purpose of solid waste storage or disposal.
b. 
It shall be unlawful for any person to commingle recyclable materials with solid waste for the purpose of solid waste or recycling materials storage or disposal. It shall also be unlawful to commingle construction, renovation, and demolition debris with solid waste and/or recyclable materials for the purpose of solid waste or recyclable materials storage or disposal.
c. 
It shall be unlawful for any person to solicit or receive gratuities of any kind for any work or services provided by the City or its authorized agent, for collection of any household or commercial solid waste, recyclable material, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or for prohibited construction and demolition material. This shall not apply to small tokens of goodwill on special occasions as long as it does not result in favorable treatment for the giver.
d. 
Any violation of this subsection shall result in the payment of damages to the City of Bayonne in accordance with the general provisions of Chapter 1.
[1]
Editor's Note: See also Ch. 3, Police Regulations.
[1972 Code § 6-1.4; Ord. No. O-11-28]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter in any public place within the City or on private property.
[1972 Code § 6-1.5; Ord. No. O-11-28]
No person shall bring, cart, remove, transport or collect any litter from outside the City or into the City for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the City shall be parked or allowed to remain standing on any street in the City or on any public property for a period in excess of two hours.
[1972 Code § 6-1.6; Ord. No. O-00-39 § 1; Ord. No. O-09-28 § 2; Ord. No. O-11-28]
Litter and trash receptacles and their servicing are required at the following public places which exist in the City including: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all retail food establishments must have outside trash receptacles located immediately outside the food service operation; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
Litter receptacle shall mean a container suitable for the depositing of litter and meeting such standards and specifications as the Health Officer determines and as specified in paragraph a, Outside Receptacles, and are sufficient to prevent scattering of litter and to promote ease of collection. Litter and trash receptacles must be able to handle garbage, refuse or recyclables and materials containing food residue. This paragraph does not prohibit the use of plastic and wet strength paper bags that may be used to line receptacles for storage inside the food service operation or retail food establishment, or within outside receptacles.
a. 
Outside Receptacles.
1. 
Receptacles and waste handling units for garbage, refuse or recyclables and materials containing food residue used outside the food service operation or retail food establishment must be durable, cleanable, insect resistant and rodent resistant, leakproof, and nonabsorbent. All litter and trash receptacles must be 32 gallons designed of either heavy-duty plastic resistant to denting, bending and cracking, heavy-duty steel, galvanized steel or steel mesh. Litter and trash receptacles must be designed and constructed to have tight-fitting lids, doors, or covers. The proprietors of all retail food services shall be responsible for keeping the litter and trash receptacles hooked, chained or connected to the premises of the food establishment.
b. 
Cleaning Receptacles.
1. 
Soiled litter or trash receptacles and waste handling units for garbage, refuse or recyclables and materials containing food residue shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.
c. 
Removal — Frequency.
1. 
The proprietors of all retail food establishments shall be responsible for providing and servicing the receptacles such that during the hours that the retail food establishment is open for business, garbage, refuse or recyclables and materials containing food residue shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents or cause a public health nuisance.
2. 
The proprietors of all retail food establishments shall be responsible for providing and servicing the receptacles such that at the end of the food service's hours of operation, all outdoor litter and trash receptacles are to be removed from the outside the premises.
d. 
Enforcement.
1. 
Violation of any provision of this section shall be cause for an enforcement document to be issued to the violator by the Police Department, Litter Inspector, Parking Enforcement Officers, Health Official, Recycling Coordinator, or any municipal officials designated or authorized by either the Department of Public Works, Director of Public Safety or the Health Officer. The recipient of an enforcement document shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
[Amended 4-17-2019 by Ord. No. O-19-25]
2. 
Any person who violates any provision of this section shall be liable, upon conviction, of the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
3. 
No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law.
[1]
Editor's Note: See also Section 3-2 Litter and Chapter 26, Solid Waste Management.
[1972 Code § 6-1.7; Ord. No. O-11-28]
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.
[1972 Code § 6-1.8; Ord. No. O-00-39; Ord. No. O-09-28 § 2; Ord. No. O-11-28]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property or to fail to secure waste materials inside those bins in a manner which causes them to overflow. All garbage, refuse and ashes for collection by the City shall be placed in sturdy metal or plastic containers meeting such standards and specifications as the Health Officer determines are sufficient to prevent scattering of litter and garbage and to promote ease of collection, equipped with handles so that they may be lifted and carried by one person. Non-recyclable household or commercial refuse shall be placed inside securely tied plastic bags specifically manufactured for litter and garbage and that bag then deposited inside the sturdy container or barrel noted above for collection. Except with the permission or at the direction of the Health Officer, no such container shall have a capacity of less than 10 gallons or more than 35 gallons.
[1972 Code § 6-1.9; Ord. No. O-00-39; New; Ord. No. O-11-28]
The waste disposal bins located by the City in public streets and parks are meant for the convenient deposit of litter by pedestrians in order to keep the adjoining areas clean. The disposal of household garbage in these bins is prohibited and shall subject the violator, upon conviction, to the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of $100.
[1972 Code § 6-1.10; Ord. No. O-11-28; amended 4-17-2019 by Ord. No. O-19-25]
a. 
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
b. 
It shall be unlawful for any owner, agent, or contractor in charge of a renovation, construction or demolition site to permit disposal of renovation, construction or demolition waste in any place not specifically designated for the purpose of construction or demolition debris storage or disposal.
c. 
Any violation of this subsection shall result in the payment of damages to the City of Bayonne in accordance with the general provisions of Chapter 1.
d. 
Fines levied and collected pursuant to this subsection shall be deposited into the Recycling Program Income Account.
[1]
Editor's Note: See also Ch. 3, Police Regulations.
[1972 Code § 6-1.11; Ord. No. O-11-28]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter.