[Adopted 2-12-2008 by Ord. No. 1752-08]
An article to establish requirements for the proper handling of yard waste in the City of Passaic, so as to protect the 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, biodegradable bag or other vessel such as to prevent the yard waste from spilling or blowing out onto 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 in an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may compromise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
YARD WASTE
Weeds, brush and grass clippings.
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 properly containerized, in the street. If yard waste that is not properly containerized is placed in the street, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.
The provisions of this article shall be enforced by the Department of Public Works or Police Department.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the penalties set forth in the general penalty provisions, § 1-3 of the Code of the City of Passaic.