Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 9-14-1970 as Ord. No. 70-15, Ch. 13, Art. 13, of the former Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 23.
Brush, grass and weeds — See Ch. 100.
Fire prevention — See Ch. 137.
Garbage, rubbish and refuse — See Ch. 146.
Public health nuisances — See Ch. 179.
STATUTORY AUTHORITY
Municipal regulations authorized — See N.J.S.A. 26:2C-22.
No person shall cause, suffer, allow or permit open burning of refuse or plant life or conduct a salvage operation by open burning, except for the limited purpose of outdoor cooking when done with equipment or fireplaces designed for such purpose and in a manner not offensive to persons in the vicinity thereof, or as hereinafter provided.
Where no other alternative means is available, trade waste may be disposed of by open burning upon special permit issued by the Township Manager after application made therefor and demonstration to the satisfaction of the Township Manager that:
A. 
An affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Health in accordance with Chapter II, Section 1.4, of the New Jersey Air Pollution Control Code. Open burning of plant life grown on the premises is not intended to be covered by the requirement of this subsection.
B. 
Disposition can be made without danger to persons or property with proper safeguards and supervision.
C. 
Disposition will be done in a manner, at such time and in such place, as will minimize the possibility of air pollution.
D. 
The Fire Department of the Township has approved the application.
The Township Manager shall, prior to issuing a special permit, obtain on appropriate application forms information pertinent to the satisfaction of the foregoing conditions. Any such special permit shall be temporary and shall limit the burning as to character, quantity, time, place and conditions of burning.
Special permits authorizing open air burning for special events conducted by, for and under the supervision of public, charitable, religious or nonprofit civic community organizations may be issued by the Township Manager upon application showing the purpose, time, place, date and manner of supervision and control, if the Township Manager is satisfied that no undue or unnecessary air pollution will be caused thereby and that supervision and control thereof is adequate to protect the public safety, health and welfare. Prior approval by the Fire Division is required.
[Added 2-1-1971 by Ord. No. 70-15(a)]
The fee for each special permit under this chapter shall be $50.
As used in this chapter, the following terms shall have the meanings indicated:
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are or tend to be injurious to human health or welfare, to animal or plant life or to property or would unreasonably interfere with the enjoyment of life or property throughout the Township as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
OPEN BURNING
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships, joint companies and governmental units.
PLANT LIFE
A crop or growth of something planted or something growing with roots in the ground.
REFUSE
All putrescible and nonputrescible wastes, except body wastes, and shall include but not be limited to garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry and shall include but not be limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
[Amended 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment.