Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Mendham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 25.
Littering — See Ch. 129.
Recycling — See Ch. 183, Art. I.
Public health nuisances — See Ch. 223.
235a Solid Waste
[Adopted 11-4-1974 as Ch. 110 of the 1974 Code]

§ 235-1 Definitions.

As used and referred to herein, the following terms shall have the meanings indicated:
GARBAGE
Any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose, including kitchen refuse and animal or vegetable matter.
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification, either individually or jointly, may be appropriate and effective for its enforcement.
PAPER
Those types of paper products, such as newspaper, flattened cardboard cartons and periodicals, capable of being securely and properly tied into bundles or other packages in a manner to prevent any scattering or spilling.
PERSON
Any natural person or legal entity.
TRASH
All miscellaneous waste materials, such as rags, paper products, wood and metal scraps, sawdust, rubber, bottles, cans, glass, crockery and any other similar or analogous materials or substances.

§ 235-2 Garbage regulations.

The occupant of each residential and nonresidential premises in the borough where garbage shall accumulate shall:
A. 
Provide and keep on such premises sufficient and suitable receptacles, equipped with tight-fitting covers and not exceeding 32 gallons in capacity, for receiving and holding such garbage.
B. 
Place such garbage in such receptacles pending collection thereof.
C. 
Prior to placing such garbage in such receptacles, drain the garbage of water and wrap the same securely in paper.
D. 
When and if the receptacles are placed at the curb for collection, remove the receptacles from the curb to the premises within the same day of collection.

§ 235-3 Trash regulations.

Subject to the provisions of § 235-4 hereof, the occupant of each residential and nonresidential premises in the borough where trash shall accumulate shall:
A. 
Provide and keep on such premises sufficient and suitable receptacles, equipped with tight-fitting covers and not exceeding 32 gallons in capacity, for receiving and holding such trash.
B. 
Place such trash in such receptacles pending collection thereto.
C. 
When and if the receptacles are placed at the curb for collection, remove the receptacles from the curb to the premises within the same day of collection.

§ 235-4 Materials not in receptacles.

Paper and materials of such nature that they cannot be placed in receptacles pursuant to § 235-3 hereof may, in lieu of being placed in receptacles pursuant to § 235-3 hereof, be tied by the occupant into bundles or packages pending collection thereof, provided that:
A. 
They are securely and properly tied in a manner to prevent any scattering or spilling thereof.
B. 
They are, pending collection, stored either indoors on the premises or outdoors in a shed or other enclosure (which does not conflict with and is permitted under Chapter 215, Zoning, or other applicable ordinances of the borough) so that the same shall neither be subject or exposed to nor affected by snow, rain and other weather conditions.

§ 235-5 Enforcement.

The provisions of this article shall be enforced by the Sanitary Inspector of the borough.

§ 235-6 Violations and penalties.

A. 
Any person violating the provisions of this article shall, upon conviction, be subject to a fine of not less than $5 nor more than $500 in the discretion of the Judge.
B. 
Every day that a violation of this article exists shall constitute a separate offense hereunder.
C. 
Nothing herein contained shall prevent the borough from seeking injunctive or other relief to prevent violations of this article, and said remedies shall be in addition to and not in limitation of the remedies herein provided for violation hereof.
[Adopted 11-4-1974 as Ch. 126 of the 1974 Code]

§ 235-7 Adoption of code by reference.

Pursuant to the provisions of the Public Health and Sanitation Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 et seq.), a code commonly known as the "Solid Waste Code of New Jersey (1959)" (hereinafter called the "code") regulating the manner in which refuse may be stored, collected and disposed of, declaring and defining certain conditions as nuisances and fixing the responsibilities and duties of persons storing, collecting and/or disposing of refuse is, with the exception of Section 6.1 thereof, hereby adopted and established in and for the Borough of Mendham.

§ 235-8 Filing of copies.

A copy of the code is annexed hereto and made a part hereof with like effect as if herein at length set forth.[1] In addition, three copies of the code have been placed on file in the office of the Secretary of this local Board of Health upon or prior to the introduction of this article and will remain on file there until final action is taken on this article for use and examination by the public.
[1]
Editor's Note: Said code is included in its entirety at the end of this chapter.

§ 235-9 Violations and penalties.

Any person who violates any provision of or order promulgated under this article or the code as adopted hereunder shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.