[Adopted 12-2-1985 by Ord. No. 85-13]
The Mayor and Council of the Borough of Westwood is hereby authorized
to enter into such contracts as may from time to time appear necessary
to provide for scavenger service, which contracts may be authorized
by resolution.[2]
As used in this article, the following terms shall have the
meanings indicated:
Refers to the long-standing practice whereby Borough residents
are permitted to place unwanted trash, furniture, toys, branches and
the like at the curbside for pickup as part of a program to promote
property maintenance within the Borough. Branches shall be in four-foot
lengths and shall be tied.
A device with an approximate volume of 30 gallons, made of
plastic, fiberglass or metallic substances, with a tight-fitting but
removable lid and fully enclosed sides and bottom, commonly known
and referred to in general usage as a "garbage can."
Any container which is intended or actually used for the
storage of trash or rubbish, which has a capacity in excess of 55
gallons.
Waste or decayed vegetable matter that has been used or was
intended to be used as food and the waste therefrom and dead plant
life or parts of the same, including condemned food. This definition
shall also include broken crockery, ashes, glassware, utensils, house
sweepings, old clothing and all discarded and waste materials of every
nature and description customarily generated by residential living.
"Garbage" is intended to include material customarily designated as
household refuse. To the extent that such materials are subject to
recycling pursuant to an approved recycling program, they shall be
excluded from the foregoing.
[Amended 9-29-1989 by Ord. No. 89-8[1]]
A location which generates both residential and nonresidential
solid waste as a consequence of the existence of residential and nonresidential
land uses thereat.[2]
Such person or persons, duly licensed by the State of New
Jersey, as may engage in the business, for profit, on an individual
competitive contract basis, for the collection of such forms of solid
waste generated within the Borough of Westwood as may not be collected
by the public scavenger hired by the Mayor and Council.
Such person or corporation, licensed by the appropriate state
regulatory agencies, as the Mayor and Council of the Borough of Westwood
may from time to time contract with for scavenger service.[3]
All readily combustible materials; excelsior; straw; boxes;
crates and materials of similar nature; debris; bric-a-brac; household
equipment, such as bicycles and apparatus of all kinds; furniture
and household appliances; and any other rubbish which is not constituted
as garbage, ashes, building and construction materials and automotive
parts. "Trash" shall only refer to the above materials which are the
by-products of residential living in premises otherwise qualified
for collection pursuant to these specifications. To the extent that
such materials are subject to recycling pursuant to an approved recycling
program, they shall be excluded from the foregoing.
[Amended 9-29-1989 by Ord. No. 89-8]
A.
The Mayor and Council shall provide for the collection of residential
garbage and trash, as hereinabove defined, from the side or rear yard
pickup sites meeting the requirements of this article, at such times
as shall be designated from time to time by the Mayor and Council.
The Mayor and Council or the public scavenger may refuse to collect
garbage and trash not placed at an approved location.
B.
On days designated as cleanup days, two containers of trash or six
items of trash not in containers may be placed inside the curb within
the municipal right-of-way at any premises within the Borough of Westwood
which are eligible for public scavenger collection.[1]
C.
No earth, stone, excavated material or construction or demolition
debris shall be collected by the public scavenger, nor shall the same
be included within any garbage or trash placed for collection at any
eligible property.
D.
Collection by public scavengers and private scavengers shall begin
no earlier than 7:00 a.m. and shall be concluded no later than 6:00
p.m. and shall not, in any case, take place on Sunday.
E.
Notwithstanding that garbage or trash may be placed upon a property
in a manner contrary to this article, the Mayor and Council may nonetheless
cause said garbage or trash to be collected by the public scavenger
and bill the costs of said collection to the owner and/or occupant
of the premises in question. This billing shall be in addition to
any penalty or fine which may be levied arising out of the violation
of this article and is for the sole purpose of providing a means for
the protection of public health.
F.
Notwithstanding any other provisions of this article, the Mayor and
Council reserves the right to reject any type or item of garbage or
trash which, in its sole discretion, shall be unsuitable to be collected,
removed or disposed of under the system hereby established. The Mayor
and Council may delegate this discretionary power, in whole or in
part, to the Sanitation Committee established hereunder, to the employees
of the Borough of Westwood or to the public scavenger.
G.
No container shall be packed with garbage or trash in excess of a
total weight of 50 pounds per container, nor shall any container exceed
30 gallons in volume. All containers shall be made of plastic, fiberglass
or metallic substances, unbreakable in ordinary usage, with tight-fitting
but easily removable lids and fully enclosed sides and bottoms.[2]
H.
Containers shall be placed outside any building or garage but may
be placed in an easily accessible and suitably marked shed of the
type customarily designed and/or sold for the purpose of holding garbage
cans. All containers to be collected pursuant to this article shall
be placed at a location no more than 10 feet from the rearmost projection
of the building and located between the nearest side property line
and the nearest side projection of the building to that property line
and, in any case, not more than 65 feet from the curb. No containers
shall be placed closer to the street than the forward-most projection
of the building towards the street. There shall be no more than three
containers at any permissible pickup location.
I.
Garbage and trash shall be placed into containers in a manner which
will permit the contents of the container to freely flow therefrom
upon inversion of the container. No container shall be packed with
garbage or trash projecting above the top of the container. All containers
shall have lids placed upon them at all times, except when garbage
or trash is being placed therein or removed therefrom.
J.
At any location designated as a mixed location as herein defined,
the containers holding the residential garbage and trash shall be
labeled with the apartment or unit number of the generator of such
material. At any mixed location, the residential waste shall be kept
in a permissible location separate and apart from the location where
the business or commercial waste is stored.
K.
No trash may be placed for pickup prior to 6:00 p.m. on the evening
preceding the scheduled pickup.[3]
L.
Illegal dumping. It is unlawful for any person to discard or dump
along any street or road, on or off any right-of-way, any household
or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle
parts, rubber tires, appliances, furniture, or private property, except
by written consent of the owner of said property, in any place not
specifically designated for the purposes of solid waste storage or
disposal.
[Added 6-25-1991 by Ord.
No. 91-7]
M.
Containerization of sweepings. No person will be permitted to sweep
into or deposit in any gutter, street, catch basin or other public
place any accumulation of man-made litter from any public or private
sidewalk or driveway. Every person who owns or occupies property must
keep the sidewalk in front of his or her premises free of litter.
All litter sweepings must be collected and properly containerized
for disposal.
[Added 6-25-1991 by Ord.
No. 91-7]
N.
Construction sites. It is unlawful for any owner, agent, or contractor
in charge of a construction or demolition site to permit the accumulation
of litter before, during, or immediately following completion of any
construction or demolition project. It is the duty of the owner, agent
or contractor in charge of the construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such frequency as to prevent spillage of
refuse.
[Added 6-25-1991 by Ord.
No. 91-7]
A.
There is hereby created within the Borough of Westwood a Sanitation
Committee. The Sanitation Committee shall be comprised of the following
persons: the Borough Administrator, the Superintendent of the Department
of Public Works, the member of the Mayor and Council with primary
responsibility for the Department of Public Works and the member of
the Mayor and Council primarily responsible for finances.
B.
The Sanitation Committee shall have the following duties and responsibilities:
(1)
To consider requests for waivers and exceptions as herein provided
for and to keep a record thereof in the manner prescribed.
(2)
To supervise the performance of the public scavenger in accordance
with the contract documents and specifications.
(3)
To investigate and report to the Mayor and Council concerning any
requests by the public scavenger for additional charges or solid waste
tax or tipping fee passed through.
(4)
To investigate and report to the Mayor and Council concerning any
complaints of inadequate service by the public scavenger and to respond
to and, where possible, adjust any complaints by the public scavenger
concerning difficulties in the collection process or improper use
or placement of containers by properties to be collected.
(5)
To generally act as the liaison between the Mayor and Council and
the public scavenger and to make recommendations from time to time
to the Mayor and Council concerning solid waste collection within
the Borough of Westwood.
(6)
To develop new solid waste specifications as needed in anticipation
of renewal of the public scavenger contract.
(7)
To oversee and supervise all expenditures within the Borough of Westwood
relating to the disposal of solid waste, including the disposal of
waste materials collected by Borough vehicles in the course of municipal
business, street cleaning and the like and the disposition of leaves
and other organic debris which may from time to time be collected
by the Borough of Westwood.[1]
A.
No dumpster shall be stored inside of or within 25 feet of any exterior
wall or roof overhang of any building within the Borough of Westwood
unless the specific location for said dumpster has been approved by
the Code Enforcement Officer and the Fire Prevention Bureau of the
Borough of Westwood, in writing, which approval shall be placed in
the book of exceptions and waivers hereinabove referred to. Persons
desiring to store a dumpster in a location prohibited by this article
shall apply to the Sanitation Committee for an exception or a waiver
as hereinabove provided for, and the Sanitation Committee, prior to
making a determination, shall obtain a favorable recommendation from
the Code Enforcement Officer and the Fire Prevention Bureau in writing.
Any such waiver shall be separate from the zoning approval which may
be required. In determining said request, the Sanitation Committee
shall consider firesafety, aesthetics and safety considerations at
the site in question.
B.
Private collections shall take place between the hours of 7:00 a.m.
and 6:00 p.m. on Monday through Saturday and are prohibited on Sunday.
C.
Private scavengers operating within the Borough of Westwood must
have the appropriate state licenses and permits. In addition, any
private scavenger must have the name, address and telephone number,
as well as the Public Utilities Commission permit number, conspicuously
placed on the vehicle.
It shall be unlawful to place rubbish and trash for collection,
within the Borough of Westwood, by a private or public scavenger except
in conformance with the rules and regulations herein provided for
and such other rules and regulations as may from time to time be promulgated
by the Mayor and Council of the Borough of Westwood.
Failure to comply with the provisions of this article will result
in the issuance of a summons which may be punished by a fine of up
to $500.