[Adopted 8-7-2007 by Ord. No. 1733-07]
An article to establish requirements for the
proper handling of leaves in the City of Passaic so as to protect
health, safety and welfare of the residents of the City of Passaic
and to prescribe penalties for the failure to comply.
For the purposes 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 include the plural number. The word "shall" is always mandatory
and not merely directory.
The placement of leaves in biodegradable paper bags with
a maximum weight of 50 pounds, which can be composted together with
leaves, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Leaves generated from residential or commercial premises
located within the City of Passaic which have been source separated
from solid waste, including but not limited to sticks, branches, grass
clippings, foreign material and construction material.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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 comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaf disposal shall take place at the curb of
any public roadway for collection by the City of Passaic from October
15 through December 15 of each calendar year.
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 leaves, unless the leaves are placed in biodegradable
bags as required herein, in the street. If leaves that are not containerized
are placed in the street, the party responsible for the placement
must remove the leaves from the street or said party shall be deemed
in violation of this article.
The provisions of this article shall be enforced
by representatives of the Department of Public Works or Housing Inspectors
of the City of Passaic or a member of the City of Passaic Police Department.
Any person who is found to be in violation of
the provisions of this article shall be subject to a fine not to exceed
$500 per violation.
