The purpose of this article is to establish
requirements for the proper handling and disposal of yard waste in
the Borough of Clementon, so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article 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
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
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
STREET
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 be comprised of pavement, shoulders, gutters,
curbs, sidewalks, parking areas and other areas within the street
lines.
The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of the yard waste
must remove the yard waste from the street or said party shall be
deemed in violation of this article.
This article shall be enforced by the Police
Department and/or other municipal officials of the Borough of Clementon.
[Amended 3-6-2012 by Ord. No. 2012-06]
Unless otherwise provided by statute or in the
Code of the Borough of Clementon, violation of any provision of the
Code of the Borough of Clementon shall be punishable by one or more
of the following: a fine of not to exceed $2,000, imprisonment for
not more than 90 days and/or a period of community service not to
exceed 90 days. Each day on which a violation occurs shall be considered
a separate offense. See N.J.S.A. 40:49-5 for fines in excess of $1,250
for housing and zoning violations and for violations of solid waste
disposal ordinances.