[Adopted 6-8-1988 by Ord. No. 1708; amended in its entirety 10-21-1998 by Ord. No. 2081 (Ch. 74, Art. II, of the 1975 Borough Code)]
[Added 8-31-2005 by Ord. No. 2236]
The purpose of this article is to modernize the yard waste collection and disposal program in the Borough of Roselle, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Added 8-31-2005 by Ord. No. 2236]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent 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 word "shall" is always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Leaves, twigs, plants, shrubs and grass clippings or other vegetative matter.
[Amended 8-31-2005 by Ord. No. 2236]
A. 
Effective immediately, sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street shall be unlawful. Placement of such yard waste at the curb or along the street in any other manner not consistent with Subsections B and C of this section is a violation of this article. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street, or said party shall be deemed in violation of this article.
B. 
Beginning the first week of November and continuing through the first week of December of each year, or as amended hereafter by notice published in the official newspaper of the Borough, leaves may be placed at curbside on the first refuse collection day for pickup. Leaves may only be placed in the biodegradable paper bags made available by the Borough. No other material shall be placed in bags containing leaves. It shall also be unlawful to use any other container.
C. 
From April 1 through October 31 of each year, vegetative waste may be placed at the curbside on the first refuse pickup day of the week. Loose debris, i.e., grass garden debris, grass, etc., shall be placed in an open container. Bush and tree trimmings must be tied into bundles that are not more than four feet in length.
A. 
Any person violating a provision of this article shall, for the first violation, be issued a written warning. Said service of the warning shall be considered complete by posting at the property a notice of violation.
B. 
A second violation at the property, regardless of any change in ownership, shall subject the property owner to a minimum mandatory fine of not less than $200 or not more than $1,000.
C. 
A third or subsequent violation at the property, regardless of any change in ownership, shall subject the property owner to a minimum mandatory fine of not less than $500 or not more than $1,000 and/or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court.
D. 
It shall be no defense for a property owner that a landscape contractor or other persons working for the owner placed the leaves or vegetative matter in violation of this article.
E. 
Nothing set forth herein shall preclude the enforcement authority from issuing a summons to any landscaper or other person working for the property owner for violating the provisions of this article, except that a prior warning must have been served on the landscaper or persons doing the work. It shall be sufficient if the warning relates to a violation at any site within the Borough.
F. 
Nothing set forth herein shall preclude the court from convicting both a landscaper and a property owner, even if the property owner did not actively participate in the violation, so long as the property owner or tenant hired the landscape contractor or other persons for the purpose of clearing leaves.
G. 
If a property owner fails to abate a violation set forth in the written warning within 48 hours of issuance of the warning, said failure shall constitute a separate violation, subjecting the property owner to the penalties for a second violation. Each day thereafter that the property owner fails to abate the condition shall constitute a separate offense.
[Amended 8-31-2005 by Ord. No. 2236]
This article shall be enforced by the Health Inspector/Property Code Enforcement Officer or his designee or the Roselle Police Department or the Superintendent of Public Works.