[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 9-15-1998 by Ord. No. 98-17. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. For garbage and ashes, is a suitable metal or plastic receptacle not less than two cubic feet and not more than 3 1/2 cubic feet in capacity in which to place said garbage or ashes so accumulating on said premises, which said receptacle shall be provided with a close-fitting metal or plastic cover; and if used for the storage of garbage or other offensive refuse matter, it shall be watertight.
- B. For litter other than garbage or ashes, shall be cardboard boxes or cartons or wood boxes.
- CONSTRUCTION DEBRIS
- Any scrap, lumber, metal, earthsand, bricks, stone, plaster, roofing and siding material and other debris of a similar nature which accumulates and is incidental to the construction or major renovation of buildings, public works or other projects. Light debris from minor repairs and renovations shall not be construed as construction debris and shall be construed to be "rubbish."
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar or can, or any top,
cap or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.[Amended 4-18-2006 by Ord. No. 2006-10]
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.[Added 4-18-2006 by Ord. No. 2006-10]
- A park, reservation, playground, beach, recreation center or any other public area in the borough owned and/or used in the borough and devoted to acts for passive recreation.
- Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.[Added 4-18-2006 by Ord. No. 2006-10]
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used wholly or in part for private residential purposes or for commercial uses, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, parking lots open to the public, parking areas open to the public, alleys or other public ways and any and all public parks, squares, spaces, grounds and public buildings.
- A. All putrescible and nonputrescible solid wastes (except body wastes), including ashes, street cleaning, dead animals, abandoned automobiles or other abandoned personal property and solid market and industrial wastes.
- B. Garbage, including animal or vegetable matter originating in homes, kitchens, restaurants, hotels, produce markets, stores and other places where food and food products are stored and prepared for sale for human consumption, tin cans, bottles and other containers, paper and paper products, rags and ashes.
- All those wastes and discarded materials. not constituting refuse.
- SOLID WASTE
- Defined as toxic or nontoxic garbage, refuse, any and all and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials.
It shall be a violation of this chapter for any person to place, cause or suffer to be placed, discard, dump or dispose, throw or deposit litter, garbage, refuse, rubbish, construction debris or solid waste on or about the streets, sidewalks or any public or private property within the borders of the Borough of East Rutherford.
Any person desiring his refuse or rubbish to be removed by the Borough of East Rutherford or its duly authorized contractor shall provide suitable receptacles and place therein all rubbish refuse or garbage as follows:
Refuse must be kept entirely separate from all other rubbish and must be placed in metallic, watertight receptacles not less than 14 inches nor more than 24 inches in diameter; not less than 25 inches nor more than 36 inches in height; such receptacle to have a separate cover, tight-fitting, when in place.
The capacity of the receptacles shall not exceed 35 gallons nor weigh more than 35 pounds when filled with refuse.
None of the receptacles above-mentioned shall be filled within four inches from the top thereof.
Any person desiring to dispose of construction debris shall be required to use a demolition container which shall be a steel watertight roll-off container having a capacity of 15 to 40 cubic yards.
No person may place a dumpster or demolition container on any public street or sidewalk without first obtaining a demolition container permit from the office of the Borough Clerk of the Borough of East Rutherford. No person shall permit a demolition container to remain on any public street or sidewalk after the expiration date of the permit issued by the office of the Borough Clerk. The Borough Clerk's office is hereby authorized to issue permits for dumpsters or demolition containers. Fees for demolition containers shall be $25 for the first 48 hours, and thereafter, including Sunday, $15 for each additional 48 hours.
No dumpster or demolition container shall be placed closer than 25 feet to an intersection or closer than six inches to a curb. The areas beneath and around the container shall be kept clean and shall be cleaned immediately after removal of the container. Demolition containers shall not be filled higher than four inches from the top edge, and containers containing refuse shall be kept covered when being transported.
Demolition containers shall bear identification numbers assigned by the state, and the name, address and telephone number of the person who is responsible for the container shall be marked at each end with at least one reflector and at least one iridescent stripe measuring four feet by four inches.
Collection of refuse is provided as a municipal service on specified collection days established by the Borough Council. On collection days refuse containers shall be placed by occupants outside and closely adjacent to their dwelling, either on the side or rear thereof, so that refuse can be collected from one location without entering any building. While standing outside any building, filled refuse containers shall be tightly covered.
Mercantile establishments shall place refuse containers at the curb in front of each merchant's place of business at any time after 10:00 p.m. on any evening preceding a collection day. Refuse containers may not be placed at the curb prior to 10:00 p.m.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner and in such containers as will prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the borough the accumulation of any litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter. Nothing herein recited shall prevent the sweeping of leaves into the street during the periods officially designated or announced by the Department of Public Works as periods for the collection of such leaves.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the borough the accumulation of litter from any building or lot or from any public sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter.
[Amended 2-16-2010 by Ord. No. 2010-03]
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the borough or upon private property.
No person shall drive or move any truck or other vehicle within the borough unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
No person shall throw or deposit litter in any public place within the borough, except to make deposits in public receptacles to the extent and in the manner permitted by the subsections above. Where public receptacles are not provided, all such litter shall be carried away from the public place by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, stream or any body of water in public places or elsewhere within the borough.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises, which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or litter on any occupied private property within the borough, whether owned by such persons or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection. It shall be the duty of the owner or owners, occupant or occupants of any private property to place any authorized private receptacle at the curb in front of such private property on the day of collection of garbage and refuse at such premises.
No person shall throw or deposit litter on any open or vacant private property within the borough whether owned by such person or not.
Notice to remove. Any officer designated by the Mayor and Council is hereby authorized and empowered to notify the owner of any open or vacant private property within the borough, or the agent of such owner, to properly dispose of litter located on such owner's property, which is dangerous to public health, safety or welfare. Such notices shall be delivered by personal service or by registered mail, addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to public health, safety or welfare within 10 days after receipt of written notice provided for in the subsection above, or within 15 days after the date of such notice in the event that the same is returned to the Borough Post Office Department because of inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the enforcing officer is hereby authorized and empowered to order its disposal by the borough.
Charges included in tax bill. When the borough has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate fixed by N.J.S.A. 54:4-67, per annum, from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the borough, and said charges shall be due and payable by such owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due the borough is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the enforcing officer shall cause to be filed in the Tax Collector's office of the borough a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty in an amount provided by N.J.S.A. 54:4-67 in the event that the same is not paid in full on or before the date the tax bill upon which said charges appears become delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with, and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.
In addition to the remedies set forth in this section, Subsections A, B, C and D, the penalty for violation of this chapter shall, upon conviction, be a fine of up to $1,000 per day for each day of violation and imprisonment for a period of 60 days or community service for a period of 90 days, or both.