[Adopted 10-20-1992 by Ord. No. 1159]
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL COLLECTOR
- 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.
- COMMERCIAL ESTABLISHMENT
- Includes any and all establishments which conduct general business such as the supplying of goods and or services.
- INDUSTRIAL ESTABLISHMENT
- 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.
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.
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.
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.
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:
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.
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.
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:
Uphold the denial without any further action.
If circumstances warrant, issue the license upon such reasonable conditions as the Mayor and Council shall deem appropriate and proper.
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.
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:
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.
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]
The commercial collector shall obey all rules and regulations of the Board of Health.
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.
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.
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.
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.
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.