An article to establish requirements for the
proper handling and disposal of yard waste in the Borough of Berlin,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose 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 number include the plural number. The word "shall" is always
mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
STREET
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 of pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
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 yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove said yard waste from the street or said party shall be deemed
in violation of this article.
This article shall be enforced by the Police
Department and/or other municipal officials of the Borough of Berlin.
Any person, entity or corporation who shall
violate any of the provisions of this article shall, upon conviction
thereof, before the Municipal Court of the Borough of Berlin, be subject
to a fine not exceeding $500 or imprisonment in the county jail for
a term not exceeding 90 days, or both, in the discretion of the Municipal
Court Judge before whom such defendant shall be convicted. A separate
offense may be deemed committed on each day that a violation occurs
or continues.