[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-21-1990 by Ord. No. 1871]
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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
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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
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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
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WHEREAS, it is necessary to establish the rules
and regulations for the separation, collection and disposal of said
additional materials;
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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:
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As used in this article, the following terms
shall have the meanings indicated:
A container entirely of aluminum and used solely for the
packaging of beverages.
Any private establishment, including:
A process by which organic materials are turned into humus
(similar to topsoil).
A cardboard container used primarily for packaging and transporting
nonfood products.
Materials required to be separated from solid waste under
this article for the purpose of recycling.
A one-, two- or multifamily home, apartments or high-rises,
condominiums and/or cooperatives.
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.
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.
White computer-printout paper, white bond paper and white
typing paper.
Foliage from plants and trees only.
Cans, other than aluminum, consisting entirely Of steel,
tin or bimetal and used in the storage of food and beverages.
Any combination of newspaper, high-grade paper and nonwhite
paper.
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.
Any natural person, corporation, partnership or organization.
All forms of soft and hard plastic used for any purpose whatsoever.
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.
Discarded products made of steel, aluminum or other materials.
Garbage and rubbish collected for disposal.
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.
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:
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 unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
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.
