[Adopted 10-20-1992 by Ord. No. 1159]
As used in this article, the following terms
shall have the meanings indicated:
Any private trash, recyclable or garbage collection company
retained within the Borough of Palisades Park in order to provide
for refuse collection and disposal of refuse generated by industrial
or commercial properties within the municipality.
Includes any and all establishments which conduct general
business such as the supplying of goods and or services.
Includes all establishments which conduct general manufacturing
or processing of material for future resale.
Every person or company engaged in the business
of refuse collection for industrial or commercial properties within
the Borough of Palisades Park shall be required to register the name
of such person or company with the Department of Public Works.
Application for the registration of commercial
collector shall be submitted to the office of the Superintendent of
the Department of Public Works on forms supplied by him and shall
include, in addition to any information he may deem necessary, a statement
giving the name or corporate or firm name of the commercial collector
and, in the case of a firm, corporation or partnership, the name and
address of the principal officer or member of the firm, corporation
or partnership. This application shall also contain the number of
years the person, firm or corporation has been in business or in existence
at the current location or any prior locations, including the address
of such prior location, if any. Additional information required shall
include the name of the insurance carrier and the amount of public
liability insurance as well as the name of the insurance carrier providing
the required statutory amount of workers' compensation insurance.
The application shall also provide the identity and location of the
site at which the disposal of the garbage, recyclables or trash takes
place. The application shall also provide for the names of all property
owners and the addresses of properties to which the commercial collector
intends to provide services. There shall be a continuing obligation
to amend this application form, in writing, with the Superintendent
of the Department of Public Works in the event that additional properties
or property owners are to be serviced by the commercial collector
or if there is any change whatsoever in any of the information set
forth on the initial application. In addition to the information set
forth above, the applicant shall provide any additional information
requested or required by the Superintendent of the Department of Public
Works.
No person, firm or corporation shall be registered
under this article or shall be registered after revocation of registration
unless and until there is paid to the Superintendent of the Department
of Public Works, to the account of the Borough of Palisades Park,
a fee of $100 or such other amount as may be set by the Mayor and
Council by resolution after consultation with the Superintendent of
the Department of Public Works.
The initial registration shall be valid from
the date of registration through the completion of that calendar year
and the next full calendar year. No work or services may be performed
after the initial calendar year following initial registration without
reregistering. All commercial collectors shall be required to reregister
by no later than January 15 of the year after the expiration of their
prior registration period. Each reregistration shall be valid for
the balance of the calendar year as well as the next full calendar
year from the date of such reregistration. The fee for each reregistration,
i.e., the annual fee, shall be the same as the initial registration
fee.
A.Â
If any person or company registered under the provisions
of this article shall fail, in the execution of any work, to comply
with all applicable ordinances and regulations of the Borough of Palisades
Park which are relevant to the collection of and disposal of refuse
within the municipality, the Superintendent of the Department of Public
Works shall cause a notice of violation to be served upon such person
or the principal member or officer of any such firm or corporation.
B.Â
Upon the failure to correct such violation within
the period stated in the notice of violation, the registration of
such person, firm or corporation shall be revoked by the Superintendent
of the Department of Public Works, who shall strike the name of such
person, firm or corporation from the registration list and shall not
reenter or reinstate such registration during such time as the violation
exists or remains.
C.Â
Upon repeated violations and/or failure to correct
the violations, the registration of such person, firm or corporation
may be revoked and reregistration may be denied.
D.Â
A registration may also be revoked or a reregistration
may be denied for failure to carry workers' compensation or public
liability insurance.
Any person, firm or corporation whose registration
has been revoked may be reregistered and have his or its name reentered
upon the registration list upon filing with the Superintendent of
the Department of Public Works a certification to the effect that
all violations have been corrected or are nonexistent and upon payment
of the appropriate fee.
In the event that the Superintendent of the
Department of Public Works has revoked or denied a license to an applicant
or has refused to renew such license upon submission of the application
form and the required fee, the aggrieved commercial collector may
appeal such denial, in writing, to the Mayor and Council. Upon such
appeal, the following steps shall be taken:
A.Â
Upon receipt of the written appeal, the Borough Clerk
shall set a date for the Mayor and Council to hear such appeal. This
date may be adjourned for a reasonable period of time at the request
of the Mayor and Council or the contractor.
B.Â
At the time, date and place set for the hearing, the
Mayor and Council shall conduct an inquiry into the reasons for the
denial by the Superintendent of the Department of Public Works and
shall hear the contractor as to why such denial was unreasonable or
improper. At the hearing, the commercial collector shall be entitled
to call witnesses and to be represented by counsel.
C.Â
At the conclusion of the hearing, the Mayor and Council
shall determine whether or not the denial of the license was proper
under the circumstances, and, if determined to be improper, the Mayor
and Council shall direct the Superintendent of the Department of Public
Works to issue the license. If the Mayor and Council determines that
the license denial was proper, it shall, in its discretion, take one
of the following actions:
(1)Â
Uphold the denial without any further action.
(2)Â
If circumstances warrant, issue the license upon such
reasonable conditions as the Mayor and Council shall deem appropriate
and proper.
(3)Â
If circumstances warrant, direct the issuance of the
license at such time as any deficiencies which were the grounds for
the denial have been cured by the commercial collector. The Mayor
and Council shall set forth the deficiencies in its ruling.
D.Â
Within 10 business days of the hearing date, the Mayor
and Council shall notify the Superintendent of the Department of Public
Works and the Commercial Collector, in writing, as to its determination
and any conditions which have been placed upon the issuance of the
license by the Mayor and Council.
All commercial collectors performing services
to commercial or industrial properties within the Borough of Palisades
Park shall be required to comply with the following rules, regulations
and requirements:
A.Â
All collections made from any commercial or industrial
property are to be made between the hours of 6:00 a.m. and 4:00 p.m.
daylight saving time or Eastern standard time, whichever shall be
in effect.
B.Â
There shall be no collection prior to 9:00 a.m. or
after 1:00 p.m. on Saturdays. There shall be no collections on Sunday.
[Amended 4-17-2001 by Ord. No. 1376]
C.Â
The commercial collector shall obey all rules and
regulations of the Board of Health.
D.Â
All droppings and debris from the commercial collector's
vehicle shall be immediately removed by the commercial collector,
and, if not done, they shall be removed by the borough's Department
of Public Works and the cost of doing so shall be the responsibility
of the commercial collector. Failure to pay these charges shall result
in revocation of license.
E.Â
All receptacles are to be placed at the gutter or
curb, and, when emptied, the commercial collector shall replace them
carefully in the same place. Any and all covers to such receptacles
shall be replaced after said receptacles have been emptied.
F.Â
The commercial collector shall furnish suitable vehicles
for collecting rubbish, waste and trash within the municipality. The
vehicle shall be covered or protected in such a manner that dust,
rubbish and odors from the same will not be a nuisance to the public.
A.Â
Should any commercial collector violate the provisions
of this article, he or it shall be fined, for the first offense, the
sum of $500, and, in addition, his or its license shall be subject
to revocation in accordance with the provisions of this article.
B.Â
In the event that the commercial collector shall,
after revocation of license, attempt to operate within the borough,
the principal officer or member of the firm, corporation or partnership
shall, upon conviction, be sentenced to a fine of not less than $1,000.
In addition, the court may impose imprisonment for a period of not
more than 30 days.
The Police Department, the Health Officer and
the Superintendent of the Department of Public Works and/or his authorized
designee shall be charged with the enforcement of the provisions of
this article. In addition, the Mayor and Council may later appoint
other departments and/or borough officials as enforcing agencies.
