[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:
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.
Any fire wherein the products of combustion are emitted into the
open air and are not directed thereto through a stack.
Includes corporations, companies, associations, societies, firms,
partnerships, joint companies and governmental units.
A crop or growth of something planted or something growing with roots
in the ground.
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.
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.
