As used in this article, the following terms
shall have the meanings indicated:
ASHES
The residue from the burning of coal or other fuel, and shall
include accumulations of dirt and such other noncombustible materials
not included in refuse or garbage.
GARBAGE
Includes offal, kitchen wastes, refuse of animal or vegetable
matter, carrion, entrails of chickens, animals or fish and matter
of a similar nature.
REFUSE or RUBBISH
Includes combustible debris, paper, cardboard, rags, mattresses,
discarded wearing apparel, furniture, carpets, rubber, grass cuttings,
plant trimmings, leaves, bottles, broken glass, crockery and tin cans.
It shall not include scrap metal, earth, sand, bricks, stone, plaster
or debris of a similar substance that accumulates incidental to building
construction, nor shall it include trade wastes.
[Amended 4-1-1980 by Ord. No. 80-018]
A. All garbage, refuse or rubbish, waste, empty boxes,
containers, cartons or papers to be collected by the City or its subcontractors
shall be placed near the curbline so as to be easily collected from
the roadway, but not so near the roadway as to project thereon or
as to interfere with persons or vehicles lawfully using the roadway.
B. No material intended for removal or the receptacle
containing the same shall be placed or allowed to be placed on the
sidewalk for collection prior to 6:00 p.m. local prevailing time of
the day before such materials are to be collected in that particular
district.
C. All empty receptacles shall be removed following the
collection so as not to remain at or near the curbline more than a
reasonable and necessary period of time.
D. Each day during any portion of which such violation
occurs will constitute a separate offense.
E. Whenever evidence has been obtained or received establishing
that a violation of this article has been committed, the Director
of the Department of Public Works or any inspector working under his
supervision shall issue a warning notice to the owner or tenant of
the property or the agent of such owner. In the event that said owner,
tenant or agent does not comply with this notice, the Director of
the Department of Public Works or any inspector under his supervision
shall sign a complaint and issue a summons. Such summons shall be
served in person or by mail upon the tenant or upon the individual
owner having an interest in the property or a managing or general
agent of the individual employed in the management of such real property
according to the Rules set forth in N.J.R. 4:4-4.
F. For the purpose of prosecution of this article, proof
that the receptacle or receptacles were placed on or in front of a
particular property in violation of this article, together with proof
that the defendant named in the complaint was at the time of such
violation the owner of said premises, shall constitute in evidence
a presumption that the owner was the person who committed the violation
of this article. Said presumption may be rebutted by substantial evidence
on the part of the owner.
No person shall throw, disperse or permit the
throwing or dispersal of any refuse, garbage, refuse or waste upon
any lot, street, sidewalk or place other than as provided by this
article.
No person shall remove or disturb any garbage,
ashes, rubbish, waste, containers, empty boxes, cartons, wrappings
and papers placed out for collection unless he is the owner thereof
or has authority from the owner or of the City.
All collectors shall be subject to the reasonable
and appropriate supervision of the Sanitation Division or any other
City employee designated by the Director of the Department of Public
Works to ensure compliance with this article and rules and regulations
approved by the Council, which designation and approval may be made
by resolution.
[Amended 10-27-1987 by Ord. No. 87-038; 11-9-1988 by Ord. No. 88-038; 4-24-1990 by Ord. No. 90-013; 12-19-1995 by Ord. No.
95-068; 2-8-2005 by Ord. No. 05-013; 4-14-2020 by Ord. No. 20-024]
A. Any person who violates §
427-7 shall, upon conviction thereof, be punished by a fine of not more than $2,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof.
B. Any person who violates any other provision of this article, except as provided below, shall, upon conviction thereof, be punished by a fine not exceeding $2,000, by imprisonment for a term not exceeding 90 days or by period of community service for not more than 90 days, or any combination thereof, except that violations of §
427-5 are subject to punishment by payment of fines in the amount of $100. Fines for violation of §
427-5 are payable at the Violations Bureau without a court appearance. Costs of court of $30 will be imposed, consistent with New Jersey Court Rule 7:11-4, for all such payments. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.