[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 242.
Property maintenance — See Ch. 299.
Solid waste disposal — See Ch. 348.
[Adopted 3-21-1990 by Ord. No. 1871]
WHEREAS, pursuant to Public Law 1987, Chapter 102, the 1987 Statewide Mandatory Source Separation and Recycling Act,[1] and the Solid Waste Management Act,[2] under which Hudson County has prepared and adopted the Solid Waste Recycling Plan for Hudson County, each municipality is required to make provision for the recycling of at least three recyclable materials; and
WHEREAS, the separation and removal of these certain designated acceptable materials, for the purpose of composting and recycling, will serve the public interest by reducing solid waste and conserving our material resources; and
WHEREAS, it is in the best interest of the citizens of the Town of West New York to add the items of leaves and high-grade paper to its present recycling ordinance which provides for the collection of newspaper, glass food and beverage containers and aluminum beverage containers for recycling; and
WHEREAS, it is necessary to establish the rules and regulations for the separation, collection and disposal of said additional materials;
Now, therefore, be it ordained by the, Mayor and Board of Commissioners of the Town of West New York, County of Hudson, and State of New Jersey, as follows:
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
[2]
Editor's Note: See N.J.S.A. 13:1E-99.1 et seq.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM BEVERAGE CAN
A container entirely of aluminum and used solely for the packaging of beverages.
COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
Any private establishment, including:
A. 
Manufacturing, retailing and service establishments;
B. 
Establishments where food is sold for consumption on- or off-premises;
C. 
Food distribution and processing establishments; and
D. 
Professional and nonprofit establishments.
COMPOSTING
A process by which organic materials are turned into humus (similar to topsoil).
CORRUGATED CARDBOARD
A cardboard container used primarily for packaging and transporting nonfood products.
DESIGNATED RECYCLABLE MATERIALS
Materials required to be separated from solid waste under this article for the purpose of recycling.
DWELLING UNIT
A one-, two- or multifamily home, apartments or high-rises, condominiums and/or cooperatives.
GLASS FOOD AND BEVERAGE CONTAINERS
Bottles and jars made entirely of glass, devoid of metal caps and rings, and used in the storage of food and beverages. This term does not include blue glass, flat glass commonly known as window glass, light bulbs and fixtures.
HAZARDOUS WASTE
All waste defined as hazardous waste by N.J.S.A. 13:1E-38 and 13:1E-51 and N.J.A.C. 7:26-8.1 et seq. Used oils are considered hazardous waste.
HIGH-GRADE PAPER
White computer-printout paper, white bond paper and white typing paper.
LEAVES
Foliage from plants and trees only.
METAL
Cans, other than aluminum, consisting entirely Of steel, tin or bimetal and used in the storage of food and beverages.
MIXED PAPER
Any combination of newspaper, high-grade paper and nonwhite paper.
NEWSPAPER
Paper 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. The term "newspaper" does not include magazines or other periodicals and any other paper products.
PERSON
Any natural person, corporation, partnership or organization.
PLASTICS
All forms of soft and hard plastic used for any purpose whatsoever.
PUBLIC AND PRIVATE INSTITUTION
A. 
Municipal and state government facilities;
B. 
Religious, educational and health-care facilities; and
C. 
Facilities occupied by private civic organizations and nonprofit organizations.
RECYCLING
The process by which designated materials, which would otherwise become solid waste, are separated, collected, processed and returned to the economic mainstream in the form of raw materials or products.
SCRAP METAL
Discarded products made of steel, aluminum or other materials.
SOLID WASTE
Garbage and rubbish collected for disposal.
WHITE GOODS (APPLIANCES)
Household or commercial appliances made of steel or any other form of metal. All white goods, such as refrigerators, stoves, washing machines, dryers and air conditioners, and other household or commercial appliances must have all locking doors removed.
YARD WASTE
Grass clippings, hedge trimmings, twigs, sticks, branches or shrubbery.
A. 
There are hereby established the following mandatory recycling programs in the Town of West New York:
(1) 
A program applicable to dwelling units which shall require the composting of leaves and the separation of newspapers, aluminum cans and glass food and beverage containers;
(2) 
A program applicable to commercial and industrial establishments which shall require the separation of designated recyclable materials such as clean corrugated cardboard, high-grade paper, mixed paper and glass and aluminum containers for recycling;
(3) 
A program applicable to public and private institutions which shall require the separation of designated recyclable materials such as high-grade paper, mixed paper and clean corrugated cardboard for recycling.
B. 
Any tavern or restaurant having a liquor license shall be required to have a private recycler remove recyclable materials.
A. 
All owners, lessees or occupants of dwelling units, commercial and industrial establishments and public and private institutions shall dispose of solid waste and separate designated recyclable materials in accordance with this section. The Town of West New York may grant exemptions to physically disabled natural persons otherwise subject to this article.
(1) 
Leaves.
(a) 
Leaves may be recycled by composting on the property of the owner, lessee or occupant or by placing them at designated collection sites on designated days in accordance with applicable regulations.
(b) 
Leaves shall be placed in containers designated by the Town of West New York or its authorized agent for composting.
(2) 
Newspapers.
(a) 
Newspaper shall be tied securely in bundles with twine, rope, cord or such other binding to facilitate handling and ensure that bundles will not be windblown or distributed onto the public streets. A bundle shall not exceed 30 pounds or 12 inches in height.
(b) 
Bundles may not be placed in plastic bags.
(c) 
Bundles shall be placed for collection on designated days at designated collection sites.
(d) 
Newspapers discarded by dwelling units may be used to wrap solid waste and discarded with regular solid waste.
(3) 
Glass food and beverage containers.
(a) 
Glass food and beverage containers used for the rage of food and/or beverages shall be rinsed clean of all residue and have all caps and rings removed.
(b) 
Glass food and beverage containers shall be placed in a container or receptacle having a capacity not to exceed 10 gallons. No glass shall be deliberately broken for the purpose of filling any container or receptacle; however, accidentally broken glass will be accepted.
(c) 
Containers or receptacles shall be placed for collection on the day or days to be established, at the designated collection or pickup site(s) to be determined by the Town of West New York, or its authorized agent for collection, in accordance with all applicable regulations.
(d) 
Anything herein to the contrary notwithstanding, any owner, lessee or occupant of a dwelling unit, as herein defined, may utilize glass food and beverage containers for the disposal of nonhazardous liquid wastes with other regular solid waste.
(4) 
Aluminum beverage cans and bimetal cans.
[Amended 12-19-1990 by Ord. No. 1912]
(a) 
Aluminum and bimetal cans will be placed in containers or receptacles having a capacity not to exceed 10 gallons.
(b) 
Containers or receptacles shall be placed for collection on the day or days to be established, at the designated collection or pickup site(s) determined by the Town of West New York, or its authorized agent for collection, in accordance with all applicable regulations.
(c) 
All aluminum and bimetal beverage and food containers shall be rinsed clean of all residue and have all caps and rings removed.
(5) 
Corrugated cardboard.
(a) 
Corrugated cardboard, including boxes, cartons and crates, shall be collapsed and securely tied in bundles and shall not exceed two feet in length, height or width and 40 pounds in weight.
(b) 
The bundles shall be placed for collection on the day or days to be established, at the designated collection or pickup site(s) determined by the Town of West New York, or its authorized agent for collection, in accordance with all applicable regulations.
(6) 
High-grade paper. High-grade paper shall be placed in a container or receptacle having a capacity not to exceed 10 gallons.
(7) 
All recyclable items designated by the town's Recycling Coordinator shall be separated from the garbage.
[Added 12-19-1990 by Ord. No. 1912]
(8) 
Plastic bottles and jars.
[Added 12-19-1990 by Ord. No. 1912]
(a) 
All plastic bottles and jars shall be rinsed clean of all residue and have all caps and rings removed.
(b) 
Containers or receptacles shall be placed for collection on the day or days to be established, at the designated collection or pickup site(s) determined by the Town of West New York, or its authorized agent for collection, in accordance with all applicable regulations.
B. 
Containers or receptacles shall be placed for collection on the day or days to be established at the designated collection or pickup site(s) to be determined by the Town of West New York, or its authorized agent for collection, in accordance with all applicable regulations.
C. 
The Recycling Coordinator of the Town of West New York is hereby authorized and directed to negotiate and to enter into contracts for the collection of leaves, newspapers, glass food and beverage containers, aluminum beverage cans, corrugated cardboard and/or such other designated materials as may be determined; or to place the same out to bid, if required, by the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
D. 
The Town of West New York may utilize its own personnel to collect said leaves, newspapers, glass food and beverage containers, aluminum beverage cans, corrugated cardboard and/or such other designated recyclable materials, or contract out the cost of said collection as may be determined to be in the best interests of the municipality.
E. 
The collection times for both solid waste and recyclable materials for commercial and industrial establishments within the Town, by private parties, shall be between the hours of 12:00 midnight to 7:00 a.m. Such solid waste and recyclable material pickup shall be completed Town-wide no later than 7:00 a.m.
[Added 9-7-2022 by Ord. No. 21/22]
A. 
Recyclable material as defined herein shall be the property of the Town of West New York once placed at the designated collection or pickup site(s) authorized by the municipality or its designated agent.
B. 
It shall be a violation of this article for any person unauthorized by the municipality or its designated agent to pick up or cause to be picked up said recyclable materials as defined herein. Each such collection will be illegal and in violation hereof and shall constitute a separate and distinct offense, punishable as hereinafter provided.
Anything herein to the contrary notwithstanding, any owner, lessee or occupant of a dwelling unit, public or private institution or commercial or industrial establishment may donate or sell said recyclable materials as defined herein to any person, partnership or corporation, whether or not operating for profit. However, said person, partnership or corporation shall not pick up recyclable materials at curbside or at any designated collection of pickup site(s) authorized by the municipality or its designated agent.
A. 
On and after the adoption of this article, the Recycling Coordinator of the Town of West New York shall establish the day or days of collection and the collection or pickup site(s) designated for the collection of leaves, newspapers, glass food and beverage containers, aluminum beverage cans and corrugated cardboard, or any other designated recyclable materials, for the purpose of recycling.
B. 
Notification of the designated collection or pickup day or days and the designated collection or pickup site(s) for leaves, newspapers, glass food and beverage containers, aluminum beverage cans and corrugated cardboard, or any other designated materials, shall be published in the Hudson Dispatch and/or the Jersey Journal for a continuous period of not less than seven days, at least 15 days prior to the first scheduled collection or pickup date. Notification may also be made by the mailing of a flyer or newsletter indicating the designated dates and collection or pickup site(s) to each dwelling unit, public or private institution and commercial and industrial establishment within the Town of West New York.
A. 
Any owner, lessee or occupant of any dwelling unit, public or private institution and commercial or industrial establishment actively participating in a recycling program within the Town of West New York which is not operated by the Town of West New York or its authorized agent shall submit monthly verification of the tonnage of materials recycled.
B. 
The monthly verification shall be submitted to the Recycling Coordinator no later than 20 days following the end of the month after inception of this program. Failure to do so may cause the program to be terminated at the option of the Recycling Coordinator.
The Police Department, the Health Department, the Recycling Coordinator and the Mayor and Board of Commissioners and/or the Director of the Department of Public Works are hereby authorized and directed to enforce this article and amendments thereto.
Any person, firm or corporation violating or failing to comply with any provision of this article or any regulations promulgated pursuant thereto shall be punishable by a fine not to exceed $1,000, except that the maximum fine for failure to comply with § 306-2 hereof and regulations issued pursuant thereto shall not exceed $100 for the first three violations. A violation thereafter shall result in termination of regular solid waste collection until the time of compliance.
[Adopted 8-17-1988 by Ord. No. 1820]
From and after the effective date of this article, the following regulations shall regulate littering in the Town of West New York.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon public or private property, other than in a litter receptacle or structure or container designated for the collection of the particular item. As used in this article, the following terms shall have the meanings indicated:
LITTERING
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, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings, leaves or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
The use of litter receptacles shall be required at the following public places which exist in the municipality. The proprietor of these places or sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
A. 
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.
B. 
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.
C. 
All parks, beaches and bathing areas.
D. 
All drive-in restaurants.
E. 
All street vendor locations.
F. 
All self-service refreshment areas.
G. 
All construction sites.
H. 
All shopping centers.
I. 
All gasoline service station islands.
J. 
All campgrounds and trailer parks.
K. 
All marinas, boat moorages and fueling stations, all boat launching stations and all public and private piers operated for public use.
L. 
All special events to which the public is invited, including sporting events, parades, carnivals, circuses, barbecues and festivals.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
A. 
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
B. 
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, of any motor vehicle, trailer or semitrailer which is missing tires, wheels, engine or any essential parts; which displays extensive body damage or deterioration; which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
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 after the 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.
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 and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any litter or 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 from litter. All sweepings shall be collected and properly containerized for disposal.
[Added 5-16-1990 by Ord. No. 1883]
A. 
From and after the effective date of this section, the following regulations shall regulate the unsolicited placement of written advertisements within the Town of West New York.
(1) 
Prohibition. It shall be unlawful for any person or other entity to place or cause to be placed any advertisement, handbill, pamphlet, flyer, circular or leaflet in or upon any motor vehicle which is parked either on a public street or in a private lot open to the public within the Town of West New York.
(2) 
Exceptions. Excepted from the prohibition of this section are the issuance of traffic summons by government agents, placement by owners or operators in or upon a vehicle owned or operated by said person and placement with the consent of the owner or operator.
(3) 
Prima facie rebuttable presumptions. A person not the owner or operator of a motor vehicle shall be presumed not to have the consent of the owner or operator of the motor vehicle; where the material placed in or upon a motor vehicle is commercial advertisement, the owners and management of the business being advert by said material shall be presumed to have caused the placement in violation of this section; and where a person is found placing an advertisement, handbill, pamphlet, flyer, circular or leaflet on a motor vehicle and there are identical advertisements, handbills, pamphlets, flyers, circulars or leaflets found upon other motor vehicles in the immediate vicinity, it shall be presumed that said person also placed said material on said other motor vehicles.
B. 
A violation of this section shall be an offense punishable by a fine of not less than $25 and not more than $250 or by a term of imprisonment of up to 10 days, and/or by a performance of community service not to exceed 60 days in the discretion of the Municipal Court Judge. Each separate motor vehicle upon which an advertisement handbill, pamphlet, flyer, circular or leaflet is placed shall constitute a separate offense.
C. 
Since the unsolicited placement in or upon parked motor vehicles of material such as written advertisements, handbills, pamphlets, fliers, circulars or leaflets has been deemed to be a litter problem, which has become hazardous to the public of the Town of West New York, any person observing a violation of this section may sign a complaint against the offender.
[Amended 9-7-2022 by Ord. No. 21/22]
A. 
Any person, firm, corporation or association violating the terms of this article, whether as principal, agent or employee of another, shall be subject to a fine of $100 for each violation. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense.
B. 
In addition to the foregoing, any person, firm, corporation or association violating the terms of § 306-3, Disposal and separation requirements; collection, whether as principal, agent or employee of another, shall be subject to a fine of $500 for a first violation, and $1,000 for each subsequent and additional violation.