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 the chapter clearly demonstrates a
different meaning. When not inconsistent with the context, words used
in the present tense include the future, words 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.
The use of a City-issued ninety-five-gallon container for
automated vehicle pickup.
A City-issued ninety-five-gallon plastic cart specifically
designed for automated collection of solid waste and having a serial
number(s) assigned specific to each address receiving automated collection.
Any premises occupied by commercial, industrial or residential
tenants or owners.
Large items of waste material such as appliances, furniture,
and electronics and any other item that will not completely fit into
a container with a capacity of 32 gallons when said container is capped,
covered, or contained. Bulk items shall not include animal and vegetable
wastes, construction and demolition waste. The Director of Public
Works shall issue and publish written guidelines for residents and
the staff of the Department of Public Works detailing common multi-component
articles that are considered a single bulk item for purposes of this
chapter. Such guidelines may be amended from time to time as deemed
necessary.
The City of Perth Amboy.
Any person privately engaged or employed by the City in the
business of collecting garbage, refuse or rubbish.
The placement of yard waste in a trash can, bucket or 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.
Any large metal roll-off container capable of holding demolition
or any type of construction waste, solid waste, garbage, rubbish,
debris, refuse or any other materials.
Putrescible animal and vegetable wastes from the handling,
preparation, cooking and consumption of food.
Those materials requiring special handling techniques due
to the potential dangers caused by their inherent toxicity, breakage,
consumption and/or illegal use, for example, paints, chemicals, hydrocarbons
and/or their derivatives, refuse pharmaceuticals and discarded syringes,
cathode ray tubes, fluorescent bulbs, etc.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar, can or top,
cap or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match of any flaming or glowing material or any garbage, trash,
refuse; debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A plastic container with handles, having a tightly fitting
cover, which shall not exceed a capacity of 32 gallons.
A flexible plastic sack of a minimum of three mils thickness
and so constructed as to be capable of being tied or fastened at the
top so as to prevent spillage and/or leakage of its contents.
Those materials required to be recycled under Chapter 351.
All putrescible and nonputrescible solid wastes (except body
wastes), including cans, glasses, bottles, crockery, household sweepings
and other items of a similar nature, usually of a noncombustible nature.
Nonputrescible solid wastes, including paper, cardboard,
straw, boxes, crates, garden and lawn clippings, wood and materials
of a similar nature, usually of a combustible nature.
City provided or authorized containers placed near streets
and sidewalks in commercial, tourist and school areas intended for
the disposal of individual litter.
Leaves and grass clippings.
A.
It shall be unlawful for any individual, property owner, business
entity or its agent to dump, throw, drop, discard or otherwise place
or allow to accumulate any litter, garbage, bulk items, rubbish or
hazardous materials of any nature upon public or private property
other than as may be specifically permitted in the provisions of this
ordinance.
B.
Whenever any item listed in section 243-2A of this chapter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.
C.
It shall be unlawful to discard, place or otherwise dispose of residential,
household, commercial or industrial garbage, refuse, rubbish, yard
waste or bulk items in or on street-side City litter containers.
D.
Any individual, property owner, business entity or its agent caught in the act of violating the provisions of Section 243-2 A, B or C of this chapter shall be issued a summons and directed by the issuing City agent to remove and properly dispose of the unlawfully discarded items and clean the affected area. If a violator can be otherwise identified, a summons shall be issued to the individual(s) or entity. The Police Department, Department of Code Enforcement and Department of Public Works are hereby authorized to seek from the Perth Amboy Municipal Court a search warrant to inspect the content of illegally dumped opaque bags to ascertain identity information.
E.
Except in the event of illegally dumped hazardous materials, the
Chief of Police or his designee, the Director of the Department of
Code Enforcement or his designee and Director of the Department of
Public Works or his designee are hereby authorized to have the Department
of Public Works remove the illegally dumped materials and to clean
the area. The Department of Public Works shall determine and keep
a certified record of all expenses incurred, so that they can be assessed
against the violator.
All garbage, refuse and rubbish included for collection by the
City or private collector shall be deposited in a plastic bag a minimum
of three mils thickness within a thirty-two-gallon container or ninety-five-gallon
container for automated collection and placed along the curb for collection
not sooner than one hour before sunset of the day prior to the scheduled
collection in residential areas and not sooner than 5:30 p.m. of the
day prior to the scheduled collection in commercial areas and shall
be removed from public view by 8:00 p.m. of the day of collection.
Containers or receptacles shall have tight-fitting covers as to prevent
spilling or leaking of their contents. No residential user shall leave
for collection by the City more than three thirty-two-gallon containers
or receptacles per dwelling unit, other than containers for recyclable
items. The weight of each container or receptacle shall not exceed
50 pounds, except when using automated container.
A.
Placement of recyclable items. All recyclable items shall be kept separate from and not mixed with the regular garbage, refuse, and rubbish. Recyclable items must be separated and placed for collection in accordance with Chapter 351.
B.
Placement of bulk items for collection. All residents requesting
collection of bulk items must adhere to the policy of the Public Works
Department. Residents must schedule an appointment with the Public
Works Department for collection of bulk items prior to placing bulk
items on the curb for collection. Residents, whether it is a single-family,
a two-family, or multifamily dwelling, are limited to two bulk item
collections per address, including lot and block number, per calendar
year. Disposal of refrigerators and freezers must comply with federal
regulations regarding chlorofluorocarbon removal. All doors shall
be removed from appliances scheduled for bulk collection.
[Amended 8-12-2019 by Ord. No. 1915-2019; 4-22-2020 by Ord. No. 1943-2020]
(1)
Appointment for collection. All City residents seeking to have any
bulk items collected from their premises must schedule an appointment
for collection by visiting the Public Works Department. Upon the filing
of a written request on the appropriate form and payment of the appropriate
fee, the resident shall place the item at curbside, preferably before
7:00 a.m. the day of pickup but, no earlier than one hour before sunset
of the day prior to the scheduled collection date.
(2)
Fees. The fee for a scheduled bulk item collection shall be $30.
Fees are payable by check or money order only to the City of Perth
Amboy. Residents may use the drop-off center during scheduled hours
free of charge.
C.
Effective March 11, 2013, all solid waste authorized for automated
collection shall only be placed in the City-issued ninety-five-gallon
green cart. Excluded types of waste include, bulky waste, hazardous
waste, mandatory recyclable items and leaves. Materials shall be drained
and free of all liquids.
All solid waste authorized to receive automated collection shall
be placed in the City-issued ninety-five-gallon green cart and placed
at the edge of the roadway adjacent to the curbline with the front
facing the street. The cart shall be placed free from obstruction
of any type as to interfere with the operation of the system as designed
or obstruct the lifting and dumping of the container by the truck
operator.
There shall be a fee of $60 charged for the rental of one additional
City-issued ninety-five-gallon cart. The cart shall at all times remain
the property of the City and shall stay with the property in the event
the owner/lessee of that property moves and/or sells their home.
In any building occupied by more than one tenant, the owner
thereof shall provide receptacles for each tenant and shall be responsible
to see that proper receptacles are used, placed on the curb and removed
as so required and that all provisions of this chapter are conformed
to.
No person shall privately collect or transport any garbage,
refuse or rubbish within the City except in compactor-type collection
units. All vehicles used shall at all times be subject to inspection
and approval by the City's Health Officer or his designee and shall
be kept and maintained in a clean and sanitary condition and in good
working order.
All garbage, refuse or rubbish collected and transported within
the City which shall spill or fall while being carried or conveyed
to a truck or other collection vehicle or container shall be immediately
removed and broom-cleaned so as to leave the premises or street in
a clean condition. Containers or receptacles shall have tight-fitting
covers as to prevent spilling or leaking of their contents.
No person other than the owner or authorized collector of the
City shall interfere with or disturb any garbage, refuse or rubbish
after it has been placed in a receptacle or properly tied together
and placed on the curb for collection.
All owners of vacant lots shall keep the premises free from
garbage, refuse, rubbish and litter. The fencing material surrounding
vacant lots shall be kept in good repair and free from missing parts,
rot and rust.
Hazardous materials, as defined by this chapter, shall not be
collected by the City. All hazardous materials shall be taken to locations
set up by Middlesex County known as Hazardous Waste Days.
The Director of the Department of Public Works shall have the
power to establish proper rules and regulations covering the collection
of garbage, refuse and rubbish, not inconsistent with the provisions
of this chapter, and to fix the time for such collections and to change
the time of such collections whenever, in his judgment, such change
shall be necessary or advisable.
No person will be permitted to sweep into or deposit in any
gutter, street, catch basin or other public place any accumulation
of 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 sweeping must be collected
and properly containerized for disposal. If a person has scheduled
an appointment with the Department of Public Works for the pickup
of bulky items then, and in that case alone, these items may be placed
in the curb in front of the premises, in a manner not to block or
impede traffic, in order to facilitate the collection of same.
It is unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins and/or receptacles
on his or her property.
No person shall dispose of or deposit garbage, refuse, rubbish or any other materials in a metal container or metal receptacle designed for the purpose of retaining garbage. Only plastic receptacles shall be used for these purposes within the City of Perth Amboy. This provision shall not apply to metal containers classified as dumpsters pursuant to Article II, Dumpsters.
No plastic receptacle included for garbage, refuse, and rubbish
collection shall exceed 50 pounds in weight.
A.
The owner or tenant of lands within the corporate limits of the City
shall be required to remove or cause to be removed from such lands
any cut grass, brush, leaves, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris within 10
days after receipt of written notice or summons.
B.
The owner or occupant of any property, or any employee, contractor
or agent of such owner or occupant engaged to provide lawn care or
landscaping services, shall not sweep, rake, blow or otherwise place
yard waste, unless the yard waste is containerized, in the street.
If yard waste that is not containerized is placed in the street, the
party responsible for placement of yard waste must remove the yard
waste from the street or said party shall be deemed in violation of
this article.
C.
Sweeping, raking, blowing or other accumulation of yard waste shall
be containerized at the curb or along the street, and shall not be
placed closer than 10 feet from any storm drain inlet. Placement of
such yard waste at the curb or along the street at any other time
or in any other manner 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.
Notice or summons to the owner or tenant to cause the removal
of substances referred to in the preceding regulation shall be given
by the appropriate enforcing entity and may be served upon any such
owner or tenant either personally or by certified mail, and, if by
the latter method, the ten-day period within which such removal shall
be accomplished shall be deemed to have commenced to run from the
date of the return receipt of such certified mail obtained by the
postal authority for the delivery of such certified notice or summons.
Every such notice or summons, shall, in addition to requiring the
removal aforesaid, warn the owner or tenant of the lands to which
such notice refers that failure to accomplish such removal within
the time stated therein will result in removal under the direction
by the Department that wrote such notice or summons by the Department
of Public Works, and the cost of such removal shall be charged to
the owner or tenant of such lands and shall be payable to the City
within 30 days after the date of submission of the charges. If such
charges are not paid within the thirty-day period, the Department
of Public Works shall notify the Law Director to place a lien upon
the lands.
Whenever the owner or tenant of such lands within the City receiving
the notice or summons provided for by the preceding regulation to
remove from such lands any of the substances hereinbefore mentioned
shall fail and neglect, within the time prescribed in the notice,
to effect removal of such substances, such removal shall be directed
by the enforcing entity and implemented by the Department of Public
Works. An accurate record of the costs to the City of such removal
shall be determined by the Department of Public Works, who shall certify
the costs thereof to the governing body, which shall examine the certificate
against the lands. The amount so charged shall forthwith become a
lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and to be collected and
enforced by the same officer and in the same manner as taxes.
