[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-13-2007 by Ord. No. 07-05R]
A.
There is hereby set off and created within the boundaries
of the Borough a district covering a portion of the area bounded by
South Avenue on the north, LaGrande Avenue on the south, Martine Avenue
on the east, and Second Street on the west, consisting specifically
of Lots 1, 1.01, 1.2, 2, 3, 5.0104, and 7 through 16 in Block 64,
on the Tax Map of the Borough of Fanwood, which district shall be
known as “Solid Waste Collection District No. 1.”
[Amended 7-8-2008 by Ord. No. 08-09R; 4-16-2014 by Ord. No. 14-03R]
B.
All properties located in Solid Waste Collection District
No. 1 shall be subject to the terms of this article.
[Amended 8-21-2012 by Ord. No. 12-10R; 4-16-2014 by Ord. No. 14-03R; 8-19-2014 by Ord. No. 14-13R[1]]
There are hereby established rules and regulations
for the collection and disposal of all solid waste, garbage and refuse
("garbage") in Solid Waste Collection District No. 1.
A.
Methods of collection.
(1)
All properties located in Solid Waste Collection District No. 1 shall be required to comply with Chapter 320 of the Borough Code. In addition, the property owners and tenants in Solid Waste Collection District No. 1 shall be prohibited from placing any refuse container or receptacle as defined in Chapter 320 outside of the building located on their property prior to 7:00 p.m. the night before garbage is to be collected and shall bring the refuse receptacles and/or containers back into their building on or before 10:00 a.m. on the morning that garbage is collected. No property owner shall be permitted to place more than four refuse containers or receptacles outside of their building at any one time. No refuse receptacle or container shall be larger than 30 gallons.
(2)
Notwithstanding the provisions of § 252-2A(1), the Borough may provide appropriate enclosures in Solid Waste Collection District No. 1 for the placement of garbage generated by properties in said district on Borough-owned property in said district (hereafter the “enclosures”). In the event that a property owner in the district wishes to utilize the enclosure(s), he or she may do so on a voluntary basis as long as the property owner enters into an independent contract with the scavenger designated by the Borough to collect the garbage from the enclosure(s). Utilization of the enclosures, as opposed to refuse containers or refuse receptacles referenced in Subsection A(1) above, shall be purely voluntary.
(3)
The collection and disposal of recyclables in Solid
Waste Collection District No. 1 shall be treated in the same manner
as the rest of the Borough.
(4)
No person shall throw, lay, deposit, leave, or cause
to be thrown, laid, or deposited garbage in or upon any property in
Solid Waste Collection District No. 1, except in accordance with this
article.
[1]
Editor's Note: In deleting Subsection B of this section, this
ordinance also provided that there be a continuing obligation regarding
costs arising out of collection prior to September 1, 2014. And in
deleting Subsection D of this section, this ordinance also provided
that there be a continuing obligation on the part of properties within
the district through July 31, 2014.
A.
Any person, firm or corporation that violates any
provisions of this article or any specification promulgated pursuant
thereto shall, upon conviction, be liable for a fine not to exceed
$2,000 or imprisonment for not more than 90 days, or both, for each
separate violation thereof.
B.
Each and every day that such violation continues shall
be considered a separate and specific violation of this article.
In the event it can be reasonably determined who was responsible for not placing garbage and/or grease in accordance with § 252-2A(2), such person or persons shall also be responsible for the cost incurred by the Borough in cleaning up the area.[1]
[1]
Editor's Note: Former § 252-5, When effective, which
immediately followed this section, was repealed 8-19-2014 by Ord.
No. 14-13R.
