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Borough of Harrington Park, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fines and penalties — See Ch. 164.
Property maintenance — See Ch. 248.
Rodent extermination — See Ch. 256.
Littering — See Ch. 291, Art. II.
Improper waste disposal — See Ch. 291, Art. III.
Containerization of yard waste — See Ch. 291, Art. V.
Yard waste collection and disposal — See Ch. 291, Art. VI.
Refuse containers and dumpsters — See Ch. 291, Art. VIII.
[Adopted 12-21-1987 by Ord. No. 379 (Ch. 36A of the 1967 Code)]
[Amended 4-18-2011 by Ord. No. 658]
The purpose of this article is to cause the Borough to comply with the mandatory statewide recycling program, P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.11 et seq.), and the Clean Communities Program Act, N.J.S.A. 13:1E-213 et seq.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Recyclable aluminum cans.
DESIGNATED RECYCLABLE MATERIALS
The recyclable materials listed in § 280-4 which are to be source separated in the Borough pursuant to P.L. 1987, c. 102, Section 3 (N.J.S.A. 13:1E-99.13).
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable materials for all possible uses except for disposal as solid waste.
HOUSEHOLD E-WASTE
Computers, laptops, games consoles, printers, fax machines, copiers, televisions, monitors, DVD players or VCRs, as well as individual electronic parts such as motherboards and hard disk drives, should be recycled to prevent the toxic chemicals that they contain from contaminating the natural environment.[1]
MUNICIPAL SOLID WASTE STREAM
All residential, commercial and institutional solid waste generated within the boundaries of the Borough as measured in tons.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY
All residential, commercial and institutional property in the Borough.
RECYCLABLE MATERIAL
Those materials which would otherwise become municipal solid waste and which are to be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
[Amended 4-18-2011 by Ord. No. 658]
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Any facility designed and operated solely for receiving, storing, processing and transferring source-separated designated materials from residential, commercial and industrial premises.
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
RECYCLING SERVICES
The services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale or disposition, or any combination thereof, of recyclable materials.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials, as listed in § 280-4, from commercial and industrial premises, which are kept separate and apart from all other residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
WHITE GOODS
The following types of appliances: freezers, refrigerators, dishwashers, washing machines, dryers, hot-water heaters, stoves and the like.
[1]
Editor's Note: Added at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
There is hereby created the position of Harrington Park Recycling Coordinator.
[Amended 10-17-1988 by Ord. No. 407; 3-15-1994 by Ord. No. 461; 1-30-1995 by Ord. No. 468; 11-17-2008 by Ord. No. 631; 7-20-2009 by Ord. No. 643]
The following materials are designated as mandatory recyclables under the Harrington Park mandatory program:
A. 
Residential sector:
(1) 
Leaves.
(2) 
Newspapers.
(3) 
Aluminum cans.
(4) 
White goods.
(5) 
Glass beverage containers.
(6) 
Ferrous scrap, mixed paper, and high-grade paper.
(7) 
Tin cans.
(8) 
Grass.
(9) 
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, and corrugated cardboard, where practicable).
(10) 
Corrugated cardboard.
(11) 
Automobile batteries.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
(12) 
Types 1 and 2 plastic containers.
(13) 
Motor oil and anti-freeze.[2]
[2]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
(14) 
Household e-waste.[3]
[3]
Editor's Note: Added at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
B. 
Commercial sector:
(1) 
Corrugated cardboard.
(2) 
High-grade office paper.
(3) 
Glass beverage containers.
(4) 
Ferrous scrap.
(5) 
White goods.
(6) 
Aluminum cans.
(7) 
Mixed paper.
(8) 
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, and corrugated cardboard, where practical).
(9) 
Types 1 and 2 plastic containers.
(10) 
Leaves.
(11) 
Newspaper.
(12) 
Automobile batteries.[4]
[4]
Editor's Note: Added at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
(13) 
Motor oil and anti-freeze.[5]
[5]
Editor's Note: Added at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
(14) 
Household e-waste.[6]
[6]
Editor's Note: Added at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
A. 
On and after the effective date of this article, it shall be mandatory for all persons who are owners, lessees and occupants of property within the Borough to separate or cause to be separated the recyclable materials designated in § 280-4 above from all other solid waste.
B. 
The owner, lessee and occupant of every property within the Borough who shall separate or cause to be separated the recyclable materials designated in § 280-4 above shall do so in strict conformity with the regulations of the garbage hauler and regulations on leaf placement and collection in Chapter 291, Stormwater Management, Article VI, Yard Waste Collection and Disposal.
[Amended 4-18-2011 by Ord. No. 658]
C. 
Newspapers and aluminum cans shall be placed or caused to be placed by the owner, lessee or occupant of every property at the curb no earlier than 6:00 p.m. of each day which is the day preceding a day established by the Mayor and Council for pickup within the district in which the property in question is located, the schedule for all such pickups to be in the form of a calendar setting forth the dates for specific pickups.
D. 
White goods shall be placed or caused to be placed by the owner, lessee or occupant of every property at the curb for collection only after special arrangements for their pickup by the Borough have first been made in person or by telephone or the mail with the Recycling Coordinator.
E. 
Collection from curbside of all recyclable materials shall be made by the Borough, either through its employees or under contract for outside services as directed by the Mayor and Council of the Borough, with primary administrative supervision under the control of the Recycling Coordinator.
[Amended 4-18-2011 by Ord. No. 658]
Nothing in this article shall be deemed to prohibit any owner, lessee or occupant from disposing of recyclable materials privately through a sale or gift; provided, however, that in no event shall any such recyclable materials be left at the curb for any private pickup.
From the time recyclable materials are placed at the curb by the owner, lessee or occupant for collection by the Borough, such recyclable materials shall become the property of the Borough. Once recyclable materials have been so placed at the curb, it shall be a violation of this article for any unauthorized person to collect or pick up or cause to be collected or picked up any such recyclable materials for any purpose whatsoever. Any and each such collection from a single property shall constitute a separate and distinct offense punishable as hereinafter provided.
The Recycling Coordinator is authorized from time to time to sell and deliver, by bid or by contract approved by the Mayor and Council, recyclable materials so collected in order to obtain the best possible price.
[Amended 4-18-2011 by Ord. No. 658]
The Recycling Coordinator shall, on or before July 1 of each year, submit a recycling tonnage report to the New Jersey Office of Recycling in accordance with rules and regulations adopted therefor by the Department of Environmental Protection.
[Amended 4-18-2011 by Ord. No. 658]
The Recycling Coordinator shall notify at least once every six months all persons occupying residential, commercial and institutional premises within the Borough of local recycling opportunities and the source-separation requirements of this article. Said notification shall be accomplished by placing an advertisement in the Borough newsletter and by posting a notice in public places where public notices are customarily posted by the Borough.
This article shall be referred to the Borough's Planning Board which, under N.J.S.A. 40:55D-28, is responsible for preparing, adopting and maintaining the Borough's Master Plan to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare. In accordance with N.J.S.A. 13:1E-99.16c, the Borough's Planning Board shall, within 30 days of the effective date of this article and at least every 36 months thereafter, conduct a review and make such revisions to the Master Plan and development regulations adopted by the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq. as are necessary to reflect changes in state, county and Borough policies and objectives (including those set forth in this article) concerning the collection, disposition and recycling of designated recyclable materials and to cause said Master Plan and development regulations to contain provisions requiring any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing, and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, to provide for the collection, disposition and recycling of designated recyclable materials. The Planning Board shall also make recommendations to the Mayor and Council for the amendments to Chapter 350, Zoning, and Chapter 303, Subdivision and Site Plan Review, in accordance with this section.
The Recycling Coordinator, or his designee, is hereby authorized and directed to enforce this article. He is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of designated recyclable materials in accordance with the terms hereof, said rules and regulations to be subject to change, modification, repeal or amendment by a majority vote of the Mayor and Council.
[Amended 10-17-1988 by Ord. No. 407; 4-18-2011 by Ord. No. 658]
Any person, firm or corporation violating the provisions of this article shall be punishable as set forth in Chapter 164, Fines and Penalties.
[Adopted 11-21-1988 by Ord. No. 406 (Ch. 17A of the 1967 Code)]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food and wastes from handling, storage and sale of produce.
LITTER
Includes any uncontainerized man-made or man-used waste which, if deposited within the Borough otherwise than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the people of the Borough. "Litter" may include, but is not limited to, any garbage, trash, refuse, debris, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper container or other construction material, motor vehicle parts, furniture, oil or nauseous or offensive matter of any kind or any object likely to injure any person or create a traffic hazard. Without limitation, "litter" includes junk vehicle, wrecks, machinery, motorized equipment or vehicles, tools or equipment that is inoperable or broken beyond repair considering its commercial value.
[Amended 6-19-2000 by Ord. No. 532]
LITTER RECEPTACLE
Includes any container which is designed to receive litter and to prevent the escape of litter deposited therein, which is of such size or sufficient capacity to hold all litter generated between collection periods.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PROPERTY
Includes any and all property, including but not limited to vacant land or any land, building or other structure designed or used for residential, commercial, business, individual, institutional or religious purposes, together with any yards/grounds, walk, driveway, fence, steps and other structures appurtenant thereto.
PUBLIC PROPERTY
Includes any and all streets, boulevards, avenues, lanes, alleys or other public ways and parks, squares, plazas, grounds and buildings frequented by the general public.
RECYCLING RECEPTACLE
Includes any container which is used solely for the purpose of collecting aluminum cans, glass and any other materials designated by the Borough's Recycling Coordinator.
REFUSE
Includes all putrescible and nonputrescible solid wastes, including but not limited to abandoned automobiles and parts thereof, abandoned machinery and parts thereof, ashes, dead animals, debris, garbage, junk, rubbish, scrap lumber, solid market and industrial wastes, street cleanings, stumps, tires and trash.
RUBBISH
Includes all nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to bedding, paper, pieces of crockery, pieces of glass, wood, wrappings and similar materials.
VEHICLE
Each and every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.
It shall be unlawful for any person, individually or through an agent, employee or servant, to cast, throw, sweep, sift, deposit or dump, or permit or cause to be cast, thrown, swept, sifted, deposited or dumped, in any manner in or upon any public way or any other public place in the Borough, or any river, canal, public water, basin, sewer or receiving basin within the Borough, any kind of litter, garbage, refuse or rubbish, whether liquid or solid, nor shall any person, individually or through an agent, employee or servant, cast, throw, sweep, sift, deposit or dump any of the aforementioned items anywhere within the Borough in such manner that it may be carried or deposited, in whole or in part, by the action of the sun, wind, rain or snow, into any of the aforementioned places.
It shall be unlawful for any person, individually or through an agent, employee or servant, to throw, deposit or accumulate litter upon any private property, occupied or vacant, within the Borough, whether owned by such person or not, except that the owner or person in control of such property may maintain litter receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the action of the sun, wind, rain or snow upon any street, sidewalk or other public place or upon any private property.
A. 
No person while the operator of or passenger in a vehicle shall deposit litter upon any public or private property within the Borough.
B. 
No person shall transport in any vehicle or by any other means or manner any loose material or article likely to sift, fall, spill or be blown about on any public or private property.
C. 
No person shall use any vehicle to transport any kind of material, unless such material is covered or otherwise properly secured or containerized to prevent such material, or any part thereof, from spilling or dropping onto any public or private property.
Unless so authorized by the Borough, no person, individually or through an agent, employee or servant, shall bring, cart, remove, transport or collect any litter, garbage, refuse or rubbish from any other municipality to the Borough for the purpose of dumping or depositing such materials within the Borough, nor shall any such person bring, cart, remove, transport or collect any such litter, garbage, refuse or rubbish from within the Borough, without such authorization.
A. 
The owner or person in control of any private property shall at all times maintain the property free of litter, garbage, refuse and rubbish. Such persons shall keep the sidewalks and alleys adjacent to such property free of litter.
B. 
In maintaining private property, no owner or person in control of such property shall sweep or deposit in any gutter, street, or other public place within the Borough litter from any buildings and lot or from any public or private areas whatsoever.
[Amended 4-18-2011 by Ord. No. 658]
No person, individually or through an agent, employee or servant, shall sweep, throw or deposit litter in or upon any public property, except in litter receptacles or official recycling receptacles, nor shall any person deposit such litter except in a manner so as to prevent it from being carried or deposited by the action of the sun, wind, rain or snow upon any public property.
[Amended 4-18-2011 by Ord. No. 658]
It shall be unlawful for any commercial landscaper, tree surgeon, arborist, gardener, horticulturist or any other person performing services for the Borough or Borough residents to deposit for collection within the Borough any trimmings, branches, tree stumps, clippings or any other garden waste materials generated by the performing of services in any other municipality.
Regulations promulgated in this article shall be enforced by the Department of Public Works of the Borough of Harrington Park and the Police Department of the Borough of Harrington Park. The Department of Public Works and the Police Department are authorized and empowered to notify any person owning private property within the Borough to properly dispose of litter located on such property which is dangerous to public health, safety or welfare.
[Amended 4-18-2011 by Ord. No. 658]
Any person violating this article shall, upon conviction thereof, be punished as set forth in Chapter 164, Fines and Penalties. A separate violation shall be deemed committed on each day during or on which a violation occurs or continues.