[HISTORY: Adopted by the City Council of the City of Garfield 1-23-2018 by Ord. No. 2772;[1] amended in its entirety 9-12-2023 by Ord. No. 3003. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 164, Garbage, Rubbish and Refuse, adopted 11-22-1983 by Ord. No. 1819 (Ch. 133A of the 1979 Code), as amended.
An ordinance to improve requirements for the placement and storage of garbage, rubbish and refuse and penalties for noncompliance in the City of Garfield to protect the environment, public health, safety and welfare.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When consistent 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 use of the word "shall" means the requirement is always mandatory and not merely directory.
ASHES
The residue from the burning of wood, coal or other combustible material.
CONTAINER
Any portable device or receptacle in which garbage, rubbish or refuse is stored, transported, treated, disposed of, or otherwise handled.
FOOD WASTE
Food processing by-products (food processing vegetative wastes and/or food processing residuals generated from food processing and packaging operations or similar industries that process food products), vegetative waste (produce trimmings and overripe produce generated by supermarkets, produce brokers and produce distributors), off-spec food products, food product overruns, and similar food waste materials.
FULLY ENCLOSED STRUCTURE
An area where one or more containers are located for temporary storage of garbage, rubbish or refuse while awaiting periodic removal pursuant to the City Code, such as, but not limited to, a fenced in area or storage bin. A fully enclosed structure should be of appropriate make and size so as to obscure receptacles from public view and the height of which should not exceed five inches above the height approved for the type of receptacles required by City Code.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include food-processing wastes from canneries, packing plants or similar industries nor large quantities of condemned food products.
RECEPTACLE
Container.
RECYCLABLE MATERIALS
Materials which would otherwise become nonhazardous solid waste which can be separated, collected and processed and returned to the economic mainstream in the form of raw materials or products.
REFUSE
All putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, building materials and similar materials.
The property owner shall be responsible for any garbage, refuse, solid waste, recyclables or any other materials placed at the curb/sidewalk area in front of and/or on the side of his/her/their properties for disposal or pickup prior to 4:00 p.m. of the day before said pickup is scheduled. Each individual property owner who violates this section shall be punished as follows.
A. 
First offense: a $150 fine, payable by mail or in person or online. Court appearance is not required.
B. 
Second offense within a twelve-month period: a $250 fine, payable by mail or in person or online. Court appearance is not required.
C. 
Third offense within a twelve-month period: a fine of $500 and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than eight hours and no more than 30 hours of community service.
D. 
Fourth offense and each offense thereafter, within a twelve-month period: a $2,000 maximum fine and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than 50 hours and no more than 100 hours of community service.
The property owner shall be responsible for any garbage, refuse, solid waste, recyclables or any other materials placed for disposal or pickup at the curb for pickup prior to 4:00 p.m. of the day before said pickup is scheduled. Each property owner who violates this section shall be punished as follows.
A. 
First offense: a $500 fine, payable by mail or in person or online. Court appearance is not required.
B. 
Second offense within a twelve-month period: a $750 fine, payable by mail or in person or online. Court appearance is not required.
C. 
Third offense within a twelve-month period: a fine of $1,000 payable by mail or in person or online. Court appearance is not required.
D. 
Fourth offense and each offense thereafter, within a twelve-month period: a fine of not less $1,000 and not greater than $2,000 and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than 100 hours and no more than 200 hours of community service.
A. 
Storage. Garbage, refuse, solid waste, recyclables or any other materials awaiting collection shall be deposited in a covered container(s) or receptacles in accordance with Chapter 201 of the City Code, which shall be kept in an upright position and regularly disinfected.
B. 
Placement. Refuse receptacles shall not be stored in front or on side of buildings or houses between collections, except in a fully enclosed structure, or kept in such place or places so as not to become a nuisance to the occupants of any dwelling.
Nothing in this chapter shall be construed to nullify or replace any of the provisions of Chapter 201, Littering, or any otherwise approved activity in accordance with the zoning requirements of the City of Garfield.
This chapter shall be enforced by the Construction Code Officer, the Police Department, Sanitation Officer and Property Maintenance Officer, who are hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry and effectuate the purposes and provisions of this chapter.