[HISTORY: Adopted by the Board of Health of the Borough of Mendham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-1974 as Ch. 110 of the 1974 Code]
As used and referred to herein, the following terms shall have the meanings
indicated:
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.
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.
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.
Any natural person or legal entity.
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.
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.
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.
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.
The provisions of this article shall be enforced by the Sanitary Inspector
of the borough.
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]
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.
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.
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.
