Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[Ord. 11/30/61, S1]
COMBUSTIBLE WASTES
Shall mean yard trimmings, rags, wood, cardboard and other combustible waste solids of a nonvolatile or explosive nature.
GARBAGE
Shall mean animal or vegetable waste solids resulting from the handling, preparation, cooking and consumptions of food.
NONCOMBUSTIBLE WASTES
Shall mean all solid waste material which does not burn.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, and solid market and industrial wastes, whether combustible or noncombustible.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes.
[Ord. 11/30/61, S2]
The owner, agent, lessee, tenant or occupant or every dwelling house or other premises where refuse accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight fitting covers for receiving and holding the refuse.
[Ord. 11/30/61, S2]
As used in this section:
a. 
SUFFICIENT – Shall mean to be at least one receptacle for each family unit or other occupant of premises and at least two such receptacles for each commercial or business establishment where the aforesaid refuse shall accumulate, but each occupant of premises shall provide sufficient receptacles to store all refuse which may be accumulated thereat between the times when such refuse is disposed of as hereinafter provided.
b. 
SUITABLE – Shall mean a water tight metal, rubber or plastic receptacle with a tight fitting cover so constructed as to prevent spilling or leakage of its contents. Each receptacle for use at a single residence shall have a capacity of not more than 20 gallons and be equipped with a pull handle.
[Ord. 11/30/61, S2]
a. 
Receptacles for refuse from multi-family units or industrial premises may have a greater capacity than that described in subsection BH4-2.2 provided they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
b. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this section, may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable under the definition of this chapter at some previous time without a written notice being delivered to the owner of the fact that the receptacle is not deemed suitable at least ten days before the receptacle is collected.
c. 
Receptacles for refuse shall not be set out for collection except during hours of a day scheduled for collection of refuse or the evening before.
d. 
Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner with the cover in place as to prevent creation of a nuisance or menace to public health.
[Ord. 11/30/61, S3]
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper or placed in paper bags and placed in a receptacle as herein described.
[Ord. 11/30/61, S3]
Papers shall be secured and properly tied into bundles or other packages in a manner to prevent scattering while waiting or during collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man.
[Ord. 11/30/61, S3]
Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering - The bundles or packages shall be of a size and weight to permit ease of handling by one man and shall be packaged or otherwise assembled in quantities weighing not more than 50 pounds.
[Ord. 11/30/61, S4]
The person occupying any premises whereon a business or industry is conducted shall arrange for the removal of refuse on such premises each day, unless sufficient and suitable facilities are provided and used for the storage of such refuse within a building on such premises until the refuse is removed. He shall also be required to arrange for the pickup or collection of refuse from the premises at least once a week during a period when the premises are being occupied and used by such person.
[Ord. 11/30/61, S5]
No refuse except combustible waste which can be burned as provided in subsection BH4-5.2 shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State Department of Health. The board of health may designate any properly established landfill by resolution provided notice of such designation is posted in a newspaper circulated in the borough.
[Ord. 11/30/61, S5]
Combustible waste may be burned on the premises where it is collected, provided the method of disposal is permitted by state law, and a state fire permit is obtained for open burning. Such burning shall be conducted so as not to create a nuisance.
[Ord. 11/30/61, S6]
No person shall engage in the business of refuse collection, including garbage, in the borough without first obtaining a garbage license therefor from the mayor and council and a permit for each vehicle to be so utilized from the board of health. No permit for each vehicle utilized shall be issued by the board of health unless and until a garbage license has been issued by the mayor and council. The permits shall be known as garbage permits.
[Ord. 11/30/61, S6]
No person shall engage in a business involving the regular collection of refuse except garbage without first obtaining a refuse license from the mayor and council and a permit for each vehicle so used from the board of health. No permit for each vehicle to be so utilized shall be issued by the board of health unless and until a refuse license has been issued by the mayor and council. The permits shall be known as refuse permits.
[Ord. 11/30/61, S6]
Permits shall expire annually on December 31.
[Ord. 11/30/61, S6]
Vehicles for which a permit has been issued shall carry the permit in the vehicle at all times.
[Ord. 11/30/61, S6]
Permits may be revoked by the board of health for cause, after hearing, upon notice to the permit holder, and in the event a plan of municipal garbage collection is adopted, all permits issued hereunder may be revoked on 30 days written notice of the establishment of such plan.
[Ord. 11/30/61, S6]
The annual fee for a garbage permit shall be $1.00 for each vehicle for which a permit is issued. The annual fee for a refuse permit shall be $1.00 for each vehicle for which a permit is issued.
[Ord. 11/30/61, S7]
All vehicles for which garbage permits are issued shall be of the closed compacting type and shall be constructed and loaded in such fashion that no part of the contents shall fall, leak or spill therefrom.
[Ord. 11/30/61, S7]
Vehicles operating under a refuse permit shall be properly covered to prevent the scattering and spilling of rubbish either on private or public property.
[Ord. 11/30/61, S7]
Any licensee who shall spill or scatter any refuse collected by him on either public or private property shall immediately collect such refuse for disposal.
[Ord. 11/30/61, S7]
A statement of the rates approved for garbage collection shall be carried on the vehicle for which a permit is issued at all times and shall be displayed to a customer or any official of the borough upon request.
[Ord. 11/30/61, S7]
Vehicles for which permits are issued shall be identified as to ownership both as required by state law and on the right side of each vehicle. Temporary use of substituted vehicles may be made only upon written approval of the board of health and permits may be transferred from any vehicle with a permit to a permanent replacement thereof upon written approval of the board of health.
[Ord. 11/30/61, S7]
All permit holders shall comply with state laws, borough ordinances and the rules, regulations and orders of the local and state boards of health.
[Ord. 11/30/61, S8]
The storage, collection or disposal of refuse in violation of any provision of this chapter is hereby declared to be a nuisance and detrimental to public health. The board of health may by resolution adopt reasonable rules and regulations to carry out this chapter and the violation of such rules and regulations shall constitute a violation of this chapter.
[Ord. 86-6, S1]
As used herein:
ENFORCING OFFICIALS
Shall mean and include the health officers, building inspector, code enforcement officer, police, or any other official authorized by the Borough of Sussex to enforce this section. Nothing contained herein shall be deemed to prohibit any private individual from making a complaint or prosecuting a violation of this section.
PERSON
Shall mean and include an individual, firm, corporation, association, society, partnership and their agents or employees.
[Ord. 86-6, S2]
The following acts, things, matters and conditions are hereby declared to be nuisances and are found to be injurious and dangerous to the health and safety of the inhabitants of the Borough of Sussex:
a. 
Any matter, thing, condition or act which is an immediate menace to the health and safety of the inhabitants of the Borough of Sussex.
b. 
Pollution, or a condition which threatens to cause pollution of any waters in the Borough of Sussex in such a manner to threaten the health or safety of the inhabitants of the Borough of Sussex.
c. 
The escape into the open air from any stack, vent, chimney or entrance to the open air or from any fire, such quantities of smoke, flyash, dust, fumes, vapors, mists or gases which are likely to cause injury to the health or safety of the inhabitants of the Borough of Sussex.
d. 
The growth or presence of any noxious weed, including but not limited to ragweed, poison ivy, nightshade or any other toxic plant which may be a threat to the health and safety of the inhabitants of the Borough of Sussex.
e. 
The existence or presence of any accumulation of garbage, refuse, manure, animal or vegetable waste, in such quantities or locations as is likely to constitute a threat to the health and safety of the inhabitants of the Borough of Sussex.
f. 
The accumulation or maintenance of any quantity of matter which actually serves as a harboring ground or food for such insects and rodents as will constitute a threat to the safety and health of the inhabitants of the Borough of Sussex.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as set forth in the preceding section.
[Ord. 86-6, S3]
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied as a residence by more than two families to fail to supply heat from the first day of October in each of year to the first day of May of the succeeding year in such manner that the temperature of the building shall always be kept at 68 degrees Fahrenheit, or above.
[Ord. 86-6, S4]
It shall be unlawful for any person to rent or lease or otherwise permit the occupancy of any building as a residence or dwelling unit or for any person to reside in any building which:
a. 
Is not adequately and properly ventilated; or
b. 
Fails to provide potable water at sufficient pressure and quantity for each family unit from the borough water supply; or
c. 
Does not have plumbing fixtures consisting of a kitchen sink, bathtub or shower, lavatory and flush toilet connected to the potable water supply; or
d. 
Does not have facilities for the discharge of all household liquid waste into the borough sewage system.
[Ord. 86-6, S5]
It shall be unlawful for any person to spit on any public sidewalk or street or in any part of the interior or exterior of any public building.
It shall be unlawful for any person to urinate or defecate in public.
a. 
All places and premises in the Borough of Sussex shall be subject to inspection by the board of health or the enforcing official of the board of health if that official has reason to believe that any section of this code is being violated.
b. 
It shall be unlawful for any person to hinder, obstruct, delay or prevent the board of health or its enforcing official from having full access to any premises on which any such violation of this code is believed to exist.
a. 
Whenever any nuisance as defined under this section is found on any property within the Borough of Sussex, the Board of Health of the Borough of Sussex or its official designee may issue a notice to abate that nuisance. If the owner, tenant or occupant being noticed does not comply with the abatement notice within the time prescribed by that notice, then the board of health may proceed to abate the nuisance or cause it to be removed or abated in such manner as the board or its official designee deems proper.
b. 
In the event the board is required to abate a nuisance because of the failure of the owner, tenant or occupant to abate the same, all costs reasonably incurred may be recovered from any person who shall have caused or allowed such nuisance to exist and who shall have failed to remove or abate the nuisance within the time specified by the notice.