Title
AN ORDINANCE AMENDING TITLE XV (SOLID WASTE MANAGEMENT), CHAPTER 4 (COLLECTION AND DISPOSAL), OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, BY AMENDING COLLECTION AND REMOVAL OF BULK WASTE ITEMS WHEN CREATING HAZARDOUS CONDITIONS, AND ASSOCIATED PENALITIES
body
WHEREAS, the City of Newark, Department of Public Works (DPW) is charged with the administration and enforcement of the City of Newark’s Ordinance regarding Solid Waste Management; and
WHEREAS, the Director of the Department of Public Works (the Director) is also “…authorized to establish, from time to time, such regulations as may be necessary or expedient to carry out the intent…” of the City of Newark’s Ordinance; and
WHEREAS, the Director has determined that there continues to be egregious abuse of the placement of bulk items and other solid waste items rendering City streets, sidewalks and other outdoor locations hazardous to the health, safety, and welfare of residents; and
WHEREAS, the blatant disregard and violations of City Ordinances for the proper disposal of bulk items, solid waste items, rubbish other hazardous substances are creating blight, environmental issues, may contaminate water, soil and air leading to long-term environmental hazards such as toxic chemical seepage, fuels the spread of rodents and other pests, degrades property values, negatively impacting community aesthetics and lowering quality of life; and
WHEREAS, the DPW wishes to amend the bulk waste section of the ordinance to provide for removal by the DPW of bulk items and improperly disposed items that are creating an immediate hazard, the cost to be borne by the property owner and amending fines and penalties; and
WHEREAS, the Director recommends the ordinance be revised as set forth herein; and
WHEREAS, the Municipal Council concurs with the recommendation and deems that the amendments are necessary to address the increasing improper disposal of bulk items that create hazardous conditions resulting in severe long-term consequences to the community and quality of life.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
[Editor’s Note: Bold and underlined text represents additions, strikethroughs represent deletions]
SECTION 1.
Title XV (Solid Waste Management), Chapter 4 (Collection and Disposal), Section 11 (Receptacle; Placement and Storage), of the Revised General Ordinances of the City of Newark, New Jersey, 2000, is hereby amended and supplemented by amending Subsection f as follows:
f. Every privately owned residential property shall be limited to ten (10) bulk items that can be placed outside on the scheduled bulk collection day. [i] Anything exceeding Each item over ten (10) bulk items shall be removed by a licensed private hauler, on the same day, and at the owner’s expense. [ii] Items placed outside that are determined by the Director of the DPW to be a hazard to public health, safety, and welfare shall be hauled away by the DPW, the cost of which shall be charged to the residential property owner. Any person, firm, corporation, or entity that violates, fails or neglects to comply with the provisions of this Subsection, or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided herein and below:
1. First Offense. A fine of two hundred-fifty dollars ($250.00) for each item over ten (10) bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional two hundred fifty dollars ($250.00) per day shall be assessed until the offense is abated
2. Second Offense. A fine of three hundred fifty dollars ($350.00) for each item over ten (10) bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional three hundred fifty dollars ($350.00) per day shall be assessed until the offense is abated.
3. Third Offense. A fine of four hundred fifty dollars ($450.00) for each item over ten (10) bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional four hundred fifty dollars ($450.00) per day shall be assessed until the offense is abated and/or up to ninety (90) days of community service.
4. Fourth and Each Subsequent Offense. A fine of one thousand, five hundred ($1,500.00) dollars, for each item over ten (10) bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional one thousand five hundred dollars ($1,500.00) per day shall be assessed until the offense is abated and/or up to ninety (90) days of community service and discontinuance of solid waste collection service until compliance is met. Each day such violation is committed or permitted to continue shall constitute a separate offense and be punishable as such.
5. The maximum penalty for a violation of this ordinance shall not exceed $10,000.00 per incident.
6. The cost incurred by the City pursuant to Subsection f[ii] shall be in addition to any fine imposed pursuant to paragraphs 1 through 4 of this Subsection.
5.7. A mandatory court appearance is required for the Third and Subsequent violations of the provisions of this Subsection provided that the Third offense must be within one (1) year of the First offense.
6.8. The City waives the application of the additional penalty for a subsequent violation within one (1) year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 3. REPEALER
All ordinances or parts of ordinances inconsistent or in conflict with this Ordinance are hereby repealed as to said inconsistencies and conflicts.
SECTION 4. SEVERABILITY
If any section, part of any section, or clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this Ordinance. The Newark Municipal Council declares that it would have passed the ordinance and each section and subsection thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect in accordance with laws of the State of New Jersey.
STATEMENT
This Ordinance amends Title XV (Solid Waste Management), Chapter 4 (Collection and Disposal), of the City of Newark’s ordinances, by amending collection and removal of bulk waste items and associated rubbish when creating a hazardous condition, and associated penalties.