[Adopted 12-3-1987 by Ord. No. 1004-87]
Each owner, tenant, superintendent and other
person occupying any dwelling house or other building or portion thereof
in the City, wherein garbage, refuse and rubbish materials accumulate,
is hereby required to collect these materials.
As used in this article, the following terms
shall have the meanings indicated:
The refuse of animal or vegetable matter which has been used
or intended as food for man or beast, except as hereinafter mentioned,
shall constitute a distinct class of refuse matter to be called "garbage."
It shall not include night soil or fowl manure accumulating from chicken
markets. Decayed vegetable, fruit or condemned food from wholesale
dealers is not considered as "garbage" to be collected by the city,
but the same must be removed by the owner. "Garbage" from retail dealers
shall be collected on regular collection days in quantity not to exceed
six barrels.
Constitutes a distinct class of refuse matter. It shall include
all miscellaneous matter, such as paper,* cardboard,* old shoes, carpets,
linoleum, bottles,* cans,* broken glass, crockery, household furniture,
mattresses, springs, old clothes, leather, radios, televisions, air
conditioners, metal, refrigerators, washing machines, gas stoves,
hot water tanks, gas dryers, dishwashers and other household appliances
and, when tied in three-foot bundles, brush and branches, except that
those items marked with an asterisk (*) shall not be considered refuse
or rubbish on and after a date established by the City Council for
the mandatory recycling of such materials. It shall also include any
small accumulations of cellar or yard dirt, if placed in suitable
tight containers or receptacles, which will be collected on regular
collection days. It shall not include any building materials whatsoever
or other substances resulting from building operations, nor shall
it include trade waste from stores or manufacturing establishments
when the quantity of such trade waste exceeds one bushel in bulk or
40 pounds in weight at one collection.
[Amended 10-7-1993 by Ord. No. 1247-93]
[Amended 11-3-1994 by Ord. No. 1311-94; 11-23-2010 by Ord. No. 1854-10]
Each occupant of a residential or commercial
property in which garbage, rubbish or refuse accumulates and is to
be removed by the City shall provide either a dumpster or watertight
vessels or containers and place or cause to be placed therein all
garbage, rubbish or refuse practically free from water. "Watertight
vessels" shall mean metal or plastic receptacles with tight-fitting
companion covers commonly sold and referred to as "garbage cans" which
are capable of being closed so as to prevent the inflow of water and
which shall not exceed 55 gallons in size. In the event that there
is not adequate space for either a dumpster or watertight vessel,
all garbage, rubbish or refuse that is to be removed by the City shall
be placed in heavy-duty black plastic garbage bags of at least two
mil thickness and which are capable of being so closed as to prevent
inflow of water.
Where rubbish materials or refuse is of such
size or consistency that it cannot be deposited in a container, it
must be securely bundled in such a manner as to permit easy handling
and to prevent the materials from being scattered. Until such time
as the city undertakes mandatory recycling of corrugated board boxes,
such boxes shall be crushed and bundled for collection.
Filled containers placed for collection shall
be of such size and weight as can easily be handled by one person.
On the designated days and within the designated
times, each occupant of a one- or two-family dwelling and each owner
or person designated thereby of all other structures receiving municipal
collection in the City of Passaic shall place receptacles or materials
for collection on the sidewalk in front of the premises near the curb
so they shall be easily accessible to collectors but in such manner
that they do not impede passage along the sidewalk.
[Amended 10-7-1993 by Ord. No. 1247-93]
A.
Except on designated business streets, each owner
or person designated thereby, or each occupant of one- and two-family
dwellings, shall deposit receptacles or materials for collection at
curbside not earlier than 5:00 p.m. of the day prior to the day designated
for collection and shall remove the same, should it for any reason
not be collected, not later than 6:00 p.m. of the designated collection
day.
B.
On designated business streets, no containers, receptacles,
bundles or any manner or form of garbage, refuse or rubbish materials
shall be placed for collection prior to 6:00 p.m. on Mondays, Wednesdays
and Fridays for collection starting at 11:00 p.m. on those days (Monday
through Friday, except for designated holidays), nor shall any containers,
receptacles, bundles or any form of garbage, refuse or rubbish materials
be left on the curb or sidewalk after 9:00 a.m. of the following date.
Collection of the garbage, refuse and rubbish shall be completed by
the City contractor prior to 6:00 a.m. that next morning.
[Amended 11-3-1994 by Ord. No. 1311-94; 12-3-2001 by Ord. No. 1530-01]
C.
Curbs or sidewalks.
[Amended 11-3-1994 by Ord. No. 1311-94; 12-3-2001 by Ord. No. 1530-01]
(1)
On residential streets, no garbage, refuse or rubbish
shall be left on any curb or sidewalk between the hours of 6:00 p.m.
Saturday and 5:00 p.m. Sunday.
(2)
On designated business streets, no garbage, refuse
or rubbish materials shall be on any curb or sidewalk between the
hours of 9:00 a.m. Saturday and 6:00 p.m. Monday.
D.
No empty container shall remain upon the sidewalk
in front of any building or premises later than 6:00 p.m. on the day
of collection, except for designated business streets for which containers
shall be removed by 10:00 a.m. on the day of collection. All garbage,
refuse and rubbish shall be properly stored in such dumpster, watertight
vessel or container or heavy-duty black plastic bags when not deposited
at curbside for collection.
[Amended 11-3-1994 by Ord. No. 1311-94; 11-23-2010 by Ord. No. 1854-10]
E.
Designated business streets are as follows: Broadway
(Pearl Street to Main Avenue), Monroe Street (Montgomery Street to
Fourth Street), Passaic Street (Main Avenue to Sixth Street), Market
Street (Monroe Street to Dundee Canal), West Main Avenue (Highland
Avenue to Brook Avenue), Lexington Avenue (Quincy Street to East Main
Avenue), East Main Avenue (Lexington Avenue to Park Place), River
Drive (Park Place to Prospect Street), William Street (Passaic Street
to Washington Place), Hoover Avenue (Washington Place to Quincy Street),
Jefferson Street (East Main Avenue to Hoover Avenue), Prospect Street
(Main Avenue to Grove Street), Garden Street (Main Avenue to Broadway),
Howe Avenue (Main Avenue to Garden Street), all of Academy Street,
Madison Street (Lexington Avenue to Hoover Avenue) and Washington
Place (Main Avenue to Hoover Avenue).
F.
Bulky waste.
(1)
Bulky waste is defined under "refuse, rubbish materials and bulky waste" in § 157-2. Bulky waste consists of all nonrecyclable materials. "Recyclable materials" are defined in Chapter 230 of this Code. "Bulky waste" consists of nongarbage materials; "garbage" is defined in § 157-2. Bulky waste shall be collected at curbside once a week on the second pickup day of the regular garbage pickup day of the week, excluding holidays. For example:
(a)
If the garbage collection schedule is Monday
and Thursday, the bulky waste will be picked up on Thursday.
(b)
If the collection schedule is Tuesday and Friday,
the bulky waste will be picked up on Friday.
(c)
If the collection schedule is Wednesday and
Saturday, the bulky waste collection will be on Saturday.
(2)
Bulky waste shall be collected in bundles. No more
than six bundles per household per collection day shall be collected.
Each bundle shall weigh no more than 50 pounds.
[Added 11-3-1994 by Ord. No. 1311-94]
Every owner of any building or premises shall
keep and cause to be kept the sidewalk, flagging and curbstone abutting
said building or premises free from obstruction and nuisance of every
kind and shall keep said sidewalks, air shafts, areaways, backyards,
courts and alleys free from garbage, refuse, rubbish, litter and other
offensive material.
[Added 10-7-1993 by Ord. No. 1247-93[1]]
Any person, firm or corporation who violates
or neglects to comply with any provision of this article or any rules
or regulations promulgated thereto shall receive the following penalties:
A.
For the first violation of any provision of this article
of the City of Passaic, the penalty, upon conviction, shall be a minimum
fine of $100, but not more than $250.
B.
For the second violation of any provision of this
article, the minimum penalty, upon conviction, shall be a fine of
$250, but not more than $750.
C.
For the third and subsequent violations of any provisions
of this article, the minimum penalty, upon conviction, shall be a
fine of $750, but not exceeding $1,000, and imprisonment for no more
than 90 days in the county jail. A separate offense shall be deemed
committed for each and every act or occurrence which violates the
terms of this article.
Every owner of property located within the City
of Passaic who may reside in a community other than the City of Passaic
shall designate an individual within the City of Passaic who may receive
service of process. Said designee shall be registered with the Department
of Community Development.
[Amended 10-7-1993 by Ord. No. 1247-93]
Notwithstanding any other provisions to the
contrary, the owner or tenant of a dwelling, structure, building or
premises shall be responsible and held liable for any violation of
any of the provisions of this article.
