[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 6, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms
shall have the meanings indicated:
The residue from the burning of coal or other fuel, and shall
include accumulations of dirt and such other noncombustible materials
not included in refuse or garbage.
Includes offal, kitchen wastes, refuse of animal or vegetable
matter, carrion, entrails of chickens, animals or fish and matter
of a similar nature.
Includes combustible debris, paper, cardboard, rags, mattresses,
discarded wearing apparel, furniture, carpets, rubber, grass cuttings,
plant trimmings, leaves, bottles, broken glass, crockery and tin cans.
It shall not include scrap metal, earth, sand, bricks, stone, plaster
or debris of a similar substance that accumulates incidental to building
construction, nor shall it include trade wastes.
[Amended 4-1-1980 by Ord. No. 80-018]
A.Â
All garbage, refuse or rubbish, waste, empty boxes,
containers, cartons or papers to be collected by the City or its subcontractors
shall be placed near the curbline so as to be easily collected from
the roadway, but not so near the roadway as to project thereon or
as to interfere with persons or vehicles lawfully using the roadway.
B.Â
No material intended for removal or the receptacle
containing the same shall be placed or allowed to be placed on the
sidewalk for collection prior to 6:00 p.m. local prevailing time of
the day before such materials are to be collected in that particular
district.
C.Â
All empty receptacles shall be removed following the
collection so as not to remain at or near the curbline more than a
reasonable and necessary period of time.
D.Â
Each day during any portion of which such violation
occurs will constitute a separate offense.
E.Â
Whenever evidence has been obtained or received establishing
that a violation of this article has been committed, the Director
of the Department of Public Works or any inspector working under his
supervision shall issue a warning notice to the owner or tenant of
the property or the agent of such owner. In the event that said owner,
tenant or agent does not comply with this notice, the Director of
the Department of Public Works or any inspector under his supervision
shall sign a complaint and issue a summons. Such summons shall be
served in person or by mail upon the tenant or upon the individual
owner having an interest in the property or a managing or general
agent of the individual employed in the management of such real property
according to the Rules set forth in N.J.R. 4:4-4.
F.Â
For the purpose of prosecution of this article, proof
that the receptacle or receptacles were placed on or in front of a
particular property in violation of this article, together with proof
that the defendant named in the complaint was at the time of such
violation the owner of said premises, shall constitute in evidence
a presumption that the owner was the person who committed the violation
of this article. Said presumption may be rebutted by substantial evidence
on the part of the owner.
A.Â
Receptacles generally. Ashes, garbage, refuse or rubbish
shall be placed and stored in suitable receptacles or containers pending
removal. Receptacles shall be of such shape and size so that the contents
can be readily discharged from them; provided, however, that disposable
containers of plastic or such other material shall be permitted. The
combined weight from any rigid refuse container and its contents shall
not exceed 70 pounds. Liquid wastes shall not be placed in containers
of any kind. Such disposable containers must be properly sealed.
B.Â
Ashes. Containers for ashes shall be of metal or plastic
of sturdy construction. Hot cinders or ashes or smoldering embers
shall not be placed in containers of any kind. Receptacles for ashes
shall be provided with covers to prevent the admission of snow and
rain and the subsequent freezing of the contents.
C.Â
Garbage or mixed contents. Containers for garbage
or a combined mixture of garbage and ashes or refuse or rubbish shall
be of metal or plastic, watertight and fitted with handles and a substantial
tight-fitting metal or plastic cover, provided that disposable containers
of plastic containers must be properly sealed. Garbage or mixed contents
must be placed in sealed plastic bags and then placed in containers
as described above with a substantial tight-fitting metal or plastic
cover.
[Amended 6-24-2008 by Ord. No. 08-023]
D.Â
Refuse or rubbish. Containers for refuse or rubbish
may be of wood, metal or plastic, or if a rigid container is not desired,
large burlap, canvas, plastic or similar cloth bags may be used. Such
disposable containers must be properly sealed. Covers for rigid containers
shall be provided to prevent scattering of contents by the wind and
to prevent the breeding of flies and other insects.
E.Â
Empty boxes and wrappings. All empty boxes, cartons
and wrappings shall be flattened down and securely fastened or tied
together so as to require no unnecessary space in the vehicle collecting
the same; and all papers shall be securely tied so as to prevent the
scattering thereof.
F.Â
Maintenance; condemned tags; safe handling. A sufficient
number of containers for the refuse accumulating between collection
days shall be provided by every householder, storekeeper, shopkeeper,
market, restaurant, hotel or other place of business served by the
City. All refuse containers shall be maintained in good condition
by the owners thereof and promptly replaced when no longer fit for
use. Containers which have been marked with a condemned tag by the
Department of Public Works will be taken away by the collectors if
used after they have been tagged. No rigid containers shall be filled
above a point two inches below the top. When the rubbish to be removed
exceeds in volume the capacities of the receptacles regularly employed,
it shall be either wrapped in bundles and securely tied or, as in
the case of discarded furniture, broken, reduced in volume and bundled
so as to permit safe and speedy handling. The greatest dimension of
such bulky articles shall not be more than three feet.
G.Â
No restaurant, hotel, storekeeper, shopkeeper, market or other place of business served by the City shall allow, permit or suffer the placement of more than 20 receptacles or other containers utilized for the disposal of garbage and refuse to be placed near the curbline as required by § 427-5A on any day when garbage and refuse is scheduled for removal by the City or its subcontractors.
[Amended 8-6-1985 by Ord. No. 85-071]
No person shall throw, disperse or permit the
throwing or dispersal of any refuse, garbage, refuse or waste upon
any lot, street, sidewalk or place other than as provided by this
article.
No person shall remove or disturb any garbage,
ashes, rubbish, waste, containers, empty boxes, cartons, wrappings
and papers placed out for collection unless he is the owner thereof
or has authority from the owner or of the City.
A.Â
Every collector shall collect and transport all ashes,
refuse and garbage by such means and in such manner so that none of
such material, solid or liquid, shall escape and drop upon the ground
and that all reasonably avoidable noise incident to the collection
and transportation of such material shall be prevented.
B.Â
All vehicles used for said collection must be maintained
in good working order and in a clean and sanitary condition. Said
vehicles must be liquidproof and completely covered with a heavy covering
during transportation of collected material from the place of collection
to the place of disposal.
C.Â
Any collected material which drops from collection
containers or from vehicles either during loading or transporting
shall be gathered and cleaned up immediately. Failure to comply with
this requirement will be considered a violation of this article.
D.Â
All ashes, garbage and refuse which a collector under
this article undertakes to collect shall be collected with all reasonable
speed and efficiency, and all matter so collected shall be transported
to the dumping place and disposed of in the same vehicle in which
collected and on the same day as collected. No part of the collected
contents of one vehicle shall be transferred to another vehicle within
the limits of the City.
E.Â
Collectors under this article shall not place receptacles
containing collected material along the curb awaiting arrival of collection
trucks. The collected material must be carried directly from the premises
where collected to the truck and dumped into the truck, and the empty
receptacles shall be immediately returned to their proper places.
All collectors shall be subject to the reasonable
and appropriate supervision of the Sanitation Division or any other
City employee designated by the Director of the Department of Public
Works to ensure compliance with this article and rules and regulations
approved by the Council, which designation and approval may be made
by resolution.
[Amended 10-27-1987 by Ord. No. 87-038; 11-9-1988 by Ord. No. 88-038; 4-24-1990 by Ord. No. 90-013; 12-19-1995 by Ord. No.
95-068; 2-8-2005 by Ord. No. 05-013; 4-14-2020 by Ord. No. 20-024]
A.Â
Any person who violates § 427-7 shall, upon conviction thereof, be punished by a fine of not more than $2,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof.
B.Â
Any person who violates any other provision of this article, except as provided below, shall, upon conviction thereof, be punished by a fine not exceeding $2,000, by imprisonment for a term not exceeding 90 days or by period of community service for not more than 90 days, or any combination thereof, except that violations of § 427-5 are subject to punishment by payment of fines in the amount of $100. Fines for violation of § 427-5 are payable at the Violations Bureau without a court appearance. Costs of court of $30 will be imposed, consistent with New Jersey Court Rule 7:11-4, for all such payments. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
