[Ord. No. 920 § 1]
ASHES
Shall mean and include the residue from the burning of solid
fuels and other combustible materials in homes, stores, institutions
and commercial establishments.
GARBAGE
Shall mean and include offal and refuse of animal and vegetable
matter which has been used or was intended for use as food for man
or beast, including condemned foods, spoiled meat, fish, fowl, vegetables,
fruits, birds, small dead animals and oyster and clam shells, also
excrement and offal of pets if separately and securely wrapped.
[Amended 10-6-2022 by Ord. No. 22-17]
GARDEN REFUSE
Shall mean and include Christmas trees, small branches of
trees two inches or less in diameter, hedge, bush and vine trimmings,
stalks of vegetable and flower plants, grass in any form, weeds, dirt,
small stones and similar material usually found in residential yards,
excepting leaves in bulk.
INDUSTRIAL WASTE
Shall mean and include bulk quantities of ashes, rubbish
and other solid waste products resulting from industrial processes
and manufacturing operations including printing plants.
MIXED REFUSE
Shall mean and include solid wastes consisting primarily
of garbage, rubbish, ashes, garden refuse and solid commercial wastes,
but excluding industrial wastes and trash.
RUBBISH
Shall mean and include waste products generally found in
and about residences and places of business such as paper, rags, wooden
boxes or crates, cans, bottles, crockery, metals, stones, plaster,
dirt and waste materials, but excluding appliances, furniture, equipment
and fixtures and other wastes which cannot be fitted readily into
the standard ash can or tied into bundles of three feet maximum dimension.
SOLID COMMERCIAL WASTE
Shall mean and include garbage, ashes, rubbish and other
solid waste products generally found around stores and business establishments.
TRASH
Shall mean and include bric-a-brac, household furnishings,
fixtures and appliances, household equipment, doors, screens, bicycles,
playground equipment and apparatus of all kinds and any other rubbish
which has been delivered by local residents from their homes to the
Borough Transfer Station.
[Ord. No. 920 § 2;
amended 10-6-2022 by Ord. No. 22-17]
a. The owner, agent, lessee, tenant or occupant of every dwelling 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 aforesaid refuse, and which
receptacle shall not hold over 60 pounds in garbage and trash.
1. "Sufficient" is defined for the purpose of this section to be at
least one receptacle for each family unit or other occupant of premises
and at least two such receptacles for each restaurant, market, store,
or similar business establishment where the aforesaid refuse shall
accumulate.
2. "Suitable" is defined for the purpose of this section to be a watertight
metal or plastic receptacle with a tight-fitting cover, so constructed
as to prevent spilling or leakage of its contents.
b. The owner, agent, lessee, tenant or occupant of every dwelling or
other premises where refuse accumulates shall locate containers for
pickup at ground level, and not within the confines of any building,
in order that ready access is provided for the Borough scavenger.
c. The owner, agent, lessee, tenant or occupant of every dwelling or
other premises where refuse accumulates shall maintain all materials
ready for pickup in a neat and orderly manner, and properly wrapped,
packed and completely drained of all liquids and placed in a receptacle.
d. The owner, agent, lessee, tenant or occupant of every dwelling or
other premises where refuse accumulates shall dispose of materials
which are not the responsibility of the Borough by virtue of the existing
scavenger contract or other system in effect for the removal of garbage
and trash.
e. 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.
f. Receptacles shall be conveniently located on-premises for storage
of refuse and maintained in such manner as to prevent creation of
a nuisance or menace to public health.
g. Receptacles shall be promptly emptied and/or removed upon closure
of a business or a change in tenancy.
[Ord. No. 920 § 3]
The Recycling and Convenience Center shall be operated by the
Borough for the local collection of articles not removed from the
Tenafly properties by the Borough scavenger. That Recycling and Convenience
Center shall be open only to residents of the Borough of Tenafly at
the times and under the conditions prescribed by the Mayor and Borough
Council; provided, however, that in no case shall the Recycling and
Convenience Center be used for the collection of building or other
construction materials and debris.
[Ord. No. 920 § 4]
Special collections, such as clean-up week, shall be provided
by the Borough through its scavenger contract. In addition thereto,
certain articles not required to be removed by the Borough scavenger
may be removed by the Borough scavenger upon the payment of certain
scheduled fees in the manner prescribed by the Mayor and Borough Council,
who shall also approve the rates to be charged by the Borough scavenger.
Nothing in this section shall be deemed to prohibit any person from
arranging with a private scavenger or independent contractor for the
removal of any items, provided the same does not involve the use of
the Borough transfer station.
[Ord. No. 920 § 5]
The Mayor and Borough Council shall provide, by the promulgation
of rules and regulations, more detailed limitations or restrictions
on the removal of garbage, trash and similar materials covered by
this section, and shall, upon the entering of a new contract for scavenger
service, promulgate copies of those rules and regulations to all prospective
users of the service.
[Ord. No. 920 § 6;
amended 10-6-2022 by Ord. No. 22-17]
Any residential or commercial property owner and/or tenant is
prohibited to permit open or overflowing garbage or waste disposal
bins on his/her property.
[Ord. No. 920 § 7]
Nothing herein contained shall be construed to affect, alter,
change or modify any rules, regulation or ordinance of the Board of
Health.
[Added 10-6-2022 by Ord. No. 22-17]
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.
[Ord. No. 920 § 8; Ord. No. 04-30; amended 10-6-2022 by Ord. No. 22-17]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Each calendar day in which a violation is observed shall constitute a separate violation.
[Ord. No. 88-12 § 1]
This section shall be known and cited as the "Mandatory Recycling
Ordinance" of the Borough of Tenafly.
[Ord. No. 88-12 § 2]
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-92 et seq.
[Ord. No. 88-12 § 3; Ord. No. 13-19 § 1]
As used in this section:
BULKY RIGID PLASTICS
Shall mean and include buckets with metal handles, milk crates,
laundry baskets, toys and play houses, lawn furniture, pet carriers,
coolers, totes, pallets, dish drainers, landscape trays, garbage and
recycling containers, five gallon water bottles, and automobile bumpers.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those recyclable materials including metal, glass,
paper or plastic containers, commercial, nonresidential, corrugated
and other cardboard, newspaper, magazines, or high grade office paper
designated in this section to be source separated.
DWELLING UNIT
Shall mean a one-family home, a two-family home and apartment
or condominium units.
MAGAZINES
Includes 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.
NEWSPAPERS
Shall mean any paper 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.
PAPER
Shall mean all newspaper, high grade office paper, fine paper,
bond paper, offset paper, xerographic paper, mimeo paper, duplicate
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 laminates,
binders, coatings or saturants.
PERSON
Shall mean owners, lessees and occupants of property within
the Borough, including residential, commercial and industrial uses.
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.
RECYCLED PAPER PRODUCT
Shall mean any paper product consisting of not less than
50% secondary waste paper material.
RECYCLED PAPERS
Shall mean any paper having a total weight consisting of
not less than 50% secondary waste paper material.
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 designated area or facility designed and operated
solely for receiving, storing, processing and transferring source
separated, nonputrescible or source separated commingled nonputrescible
metal, glass, paper, plastic containers, corrugated and other cardboard
or other recyclable materials approved by the Department of Environmental
Protection.
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 SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials including, but not limited
to, paper, metal, glass, commercial food establishment 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. 88-12 § 4]
There is hereby created the position of Tenafly Recycling Coordinator,
who shall be the Director of Public Works.
[Ord. No. 88-12 § 5; Ord. No. 94-07 § 1; Ord. No. 95-04 § 1; Ord.
No. 08-26 § 1; Ord. No.
11-12 §§ 1, 2; Ord.
No. 13-19 § 2]
a. The following materials are designated as recyclable under the Tenafly
Mandatory Program in the residential sector:
2. Glass beverage containers;
9. Construction and demolition debris (concrete, brick, tree parts,
non-ferrous/ferrous metal, asphalt, corrugated cardboard; where practical);
12. All plastic containers Type 1 through Type 7;
13. Household generated batteries;
b. The following materials are designated as recyclable under the Tenafly
Mandatory Recycling Program in the commercial sector:
3. Glass beverage containers;
8. Construction and demolition debris (concrete, brick, tree parts,
non-ferrous/ferrous metal, asphalt, corrugated cardboard; where practical);
9. All plastic containers Type 1 through Type 7.
[Ord. No. 88-12 § 6; Ord. No. 90-08 § 1]
a. It is mandatory for all persons who are owners, lessees and occupants of property in the Borough to separate the recyclable materials designated in subsection
19-2.5 above from all other solid waste.
No person in the Borough shall place leaves for collection or
disposal as solid waste.
b. From October 15 to December 1 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. The owner, lessee or occupant of every property within the Borough
shall source separate grass from solid waste generated at that property.
Grass shall be placed in permanent reusable containers and disposed
of at the direction of the Mayor and Borough Council by resolution.
Unless a commercial lawn service separately contracts with the operator
of the Tenafly Recycling and Convenience Center, no grass, leaves
or garden debris shall be deposited by such commercial lawn service
at the Recycling and Convenience Center.
d.
1. All newspapers and magazines will be bundled to ensure that they
will not be capable of being windblown or distributed on the public
streets and provided further that the maximum weight of any bundle
does not exceed 30 pounds (approximately 12 inches high).
2. Corrugated cardboard shall be collapsed and bundled securely to ensure
that it will not be capable of being windblown or distributed on the
public streets, and provided further that the maximum weight of any
bundle does not exceed 30 pounds (approximately 12 inches high). Each
person is responsible for bringing corrugated cardboard to the Recycling
and Convenience Center.
3. Newspapers and magazines shall be placed by the owner, lessee or
occupant at the curb on the date established for pic-up by the district
in which the premises are located in accordance with the Recycling
Schedule in effect at the time.
e. Glass, aluminum and plastic soda bottles shall be placed in permanent
reusable containers to be placed at curbside during designated times
for pickup.
f. Designated recyclables shall not be placed at the curb earlier than
6:00 p.m. of the day previous to the day established for pick-up.
[Ord. No. 88-12 § 7]
Collection of domestic or household bulky items such as washing
machines, refrigerators, stoves, household appliances and other household
furnishings shall not be placed at the curb for collection unless
special arrangements have first been made with the Refuse Contractor.
[Ord. No. 88-12 § 8]
Collection from curbside of recyclable materials shall be made
by the Borough employees or by contract for outside services, as directed
by the mayor and Borough Council, with primary administrative supervision
under the control of the Recycling Coordinator.
[Ord. No. 88-12 § 9]
The Recycling Coordinator may be authorized by bid or by contract
approved by the Mayor and Council to sell and deliver recyclable materials
so collected in order to obtain the best possible price.
[Ord. No. 88-12 § 10]
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 pick-up and further
provided that in no event shall any such recyclable materials be disposed
of as part of the solid waste pick-up by the Borough in accordance
with the normal pick-up by the Borough.
[Ord. No. 88-12 § 11]
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 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
hereof from one or more premises shall constitute a separate and distinct
offense punishable as hereinafter provided.
[Ord. No. 88-12 § 12]
The Recycling Coordinator shall annually submit a recycling
tonnage report to the New Jersey Office of Recycling.
[Ord. No. 88-12 § 4]
This section shall be referred to the Planning Board of the
Borough 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 houses or 25 or more units of multi-family residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet of land. The Planning Board shall
also make recommendations to the Mayor and Council for amendments
to the Borough's Zoning Ordinance and Subdivision and Site Plan Ordinance
in accordance with this section.
[Ord. No. 88-12 § 15]
The Recycling Coordinator and Police Department are hereby authorized
and directed to enforce this section. They are hereby authorized and
directed to establish and promulgate reasonable regulations as to
the manner, days and times for the collection of recyclable materials
in accordance with the terms hereof; the rules and regulations are
subject to change, modification, repeal, or amendment by majority
vote of the Mayor and Borough Council.
[Ord. No. 88-12 § 16]
Any person, firm or corporation violating the provisions of
this section shall be issued a warning to comply. Thereafter any such
person, firm or corporation violating the provisions of this section
shall be liable to a maximum penalty at the discretion of the Judge
of the Municipal Court of not more than $25 for the first offense,
and not more than $100 or 10 days in jail for each and every subsequent
offense; excepting that a person violating subsection 9-2.11 shall
be liable to a maximum fine of $500 or imprisonment in the County
Jail for a period not to exceed 90 days or both.
[Ord. No. 691 §§ 1,
2]
Refuse materials, including fill dirt, garden refuse, tree limbs
and branches and other similar materials which originate within the
Borough only may be disposed of at the Borough dumping grounds. Logs
and tree truck not over six feet in length may be accepted for disposal
at the discretion of Superintendent of Public Works.
No tree stumps shall be accepted for disposal at the Borough
dumping grounds except upon approval by the Mayor and Borough Council.