File #: 16-1662    Version: 1 Name: Ordinance: Amending Title XV Solid Waste Mangement, Chapter 6 Disposal Facilities and Illegal Dumping, Section 6 Rewards
Type: Ordinance Status: Filed
File created: 10/21/2016 In control: Engineering
On agenda: 10/25/2016 Final action: 11/14/2016
Title: AN ORDINANCE TO AMEND TITLE XV, SOLID WASTE MANAGEMENT, CHAPTER 6, DISPOSAL FACILITIES AND ILLEGAL DUMPING, SECTION 6, REWARDS OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED BY ESTABLISHING A UNIFORM REWARD AMOUNT AND AUTHORIZING THE DIRECTOR OF ENGINEERING AND DIRECTOR OF FINANCE TO ISSUE THE REWARD WITHOUT ADDITIONAL MUNICIPAL COUNCIL APPROVAL.
Sponsors: Council of the Whole

Title

AN ORDINANCE TO AMEND TITLE XV, SOLID WASTE MANAGEMENT, CHAPTER 6, DISPOSAL FACILITIES AND ILLEGAL DUMPING, SECTION 6, REWARDS OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED BY ESTABLISHING A UNIFORM REWARD AMOUNT AND AUTHORIZING THE DIRECTOR OF ENGINEERING AND DIRECTOR OF FINANCE TO ISSUE THE REWARD WITHOUT ADDITIONAL MUNICIPAL COUNCIL APPROVAL.

 

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                     WHEREAS, the City of Newark continues to be the victim of illegal dumpers as the repository for their solid waste, rubbish, construction debris, trade waste, and all other types of garbage; and 

 

                                                               WHEREAS, the Mayor of the City of Newark is instituting an Illegal Dumping Taskforce Program (“TaskForce”) coordinated and implemented through several City Departments, specifically, the Department of Engineering, Division of Code Enforcement, the Department of Public Safety, Newark Police Division, the Department of Economic and Housing Development, Division of Real Estate and Housing, the Department of Public Works, Division of Sanitation and the Office of the Mayor (“Illegal Dumping Taskforce Committee”); and

                                          WHEREAS, the Mayor desires to establish a program and Taskforce that will aggressively enforce the ordinance Title XV, Chapter 6, Disposal Facilities and Illegal Dumping of the City of Newark, encourage resident participation, prosecute violators to the fullest extent of the law in an effort to combat the ongoing destruction of properties in the City by illegal dumpers; and

                                          WHEREAS, the Illegal Dumping Taskforce Committee is creating a campaign to notify residents about the program seeking their active participation with the Taskforce’s operations by identifying violators as they see the activity occurring, (“See it, Snap it, Stop it”), which then leads to the arrest and conviction of illegal dumpers; and

                                          WHEREAS, the Mayor, based upon the recommendation of the Committee, believes it is the best interest of the program to amend the reward section of the ordinance to a reward of exactly Two Hundred Fifty Dollars and Zero Cents ($250.00) so that individuals who are witnesses know exactly what they will be entitled to for providing their cooperation and the rewards are handed out fairly, equally, without bias or discretion; and

                                          WHEREAS, the Mayor, based upon the recommendation of the Committee, believes it is in the best interest of the City to further encourage active resident participation by authorizing the Director of Engineering and the Director of Finance to award the reward without additional Municipal Council approval thereby expediting the issuance of the reward following the successful conviction of the violator.

 

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

[Note: Bold and underlined text represents additions, strikethroughs represents deletions]

 

Section 1: Title XV, Solid Waste Management, Chapter 6, Disposal Facilities and Illegal Dumping, Section 6, Rewards, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended, as follows:

 

15:6-6.                     REWARDS.

                     A reward of an amount not to exceed one thousand ($1,000.00) Two Hundred Fifty Dollars and Zero Cents ($250.00) dollars shall be paid to any person or persons providing information leading to the detection and apprehension of any person found guilty of violating Sections 15:6-2 or 15:6-3. The reward is to be payable for conviction out of the fund established for this purpose, but no such reward may be paid to any public employee whose duty it is to investigate or to enforce the law.  The Director of the Department of Neighborhood and Recreational Services Engineering is authorized to and shall award the reward with without the consent of the Municipal Council upon proof of conviction of such person or persons.  The Director of Engineering and Director of Finance, prior to issuing the reward, shall affirm by way of affidavit  that they received the appropriate documentation establishing the Court’s reliance upon information received by that person or persons in its finding of guilt of the violator.  A bi-annual report of the rewards distributed during each six (6) month period shall be prepared by the Director of Engineering and the Director of Finance and filed with the Office of the City Clerk.   

 

Section 2:                      Any existing ordinances or parts thereof inconsistent with this ordinance are hereby repealed.

 

Section 3:                     This ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

 

STATEMENT

 

Ordinance establishing a reward of Two Hundred Fifty Dollars and Zero Cents ($250.00) shall be paid to any person or persons providing information leading to the detection and apprehension of any person found guilty of dumping, depositing or placing of refuse without additional Municipal Council approval.