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AN ORDINANCE AMENDING TITLE 15, SOLID WASTE MANAGEMENT, CHAPTER 12, RECYCLING, SECTION 10, OWNERSHIP AND PACKAGING OF RECYCLABLE MATERIALS FOR CURBSIDE COLLECTION OR DEPOSIT AT THE CITY RECYCLING DEPOT,OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED.
Invitation: Director of Neighborhood & Recreational Services, March 17, 2015
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WHEREAS, the City of Newark's Department of Neighborhood and Recreational Services wishes to make certain changes to the Code provisions relating the ownership and packaging of recycling materials for curbside collection or deposit at the City Recycling Depot; and
WHEREAS, the fines and penalties for violations of the Code provisions relating to the ownership and packaging of recycling materials for curbside collection or deposit at the City Recycling Depot have not been increased since they were first adopted in 2011; and
WHEREAS, the Department of Neighborhood and Recreational Services also wishes to increase said fines and penalties.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. Title 15, Solid Waste Management, Chapter 12, Recycling, Section 10 of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, be hereby amended to read as follows.
[Note: Bold underlined text represents additions and strikethroughs represent deletions]
15:12-10. OWNERSHIP AND PACKAGING OF RECYCLABLE MATERIALS FOR CURBSIDE COLLECTION OR DEPOSIT AT THE CITY RECYCLING DEPOT.
From the time of placement at the curb, stored dumpster or City Recycling Depot by and generator, all recyclable materials shall become and be the property of the City of Newark, and it shall be a violation of this chapter for any person, firm, or corporation, including an owner of multi-family (4 or more units), other than authorized personnel of the City of Newark, or it's designee to collect, pick up, or cause to be collected or picked up, such materials. Each such collection in violation hereof from one (1) or more location during the period shall constitute a separate and distinct offense. (Ord. 6S+FK, 9-2-92 § 13A:5-10)
15:12-11. INSPECTIONS.
The Department of Neighborhood and Recreation Services, along with all other Departments of the City of Newark who are empowered to enforce the Ordinances of the City, shall have the authority to inspect and enforce Newark's mandatory recycling ordinance at any residential, commercial, industrial or institutional facility located within the City. (Ord. 6 S+FK, 9-2-92 § 13A:5-11)
15:12-12. VIOLATIONS AND PENALTIES.
a. Any person, firm, or corporation who violates or fails or neglects to comply with any provisions of this chapter or any rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
1. First Offense. A fine of fifty dollars ($50.00)three hundred fifty ($350.00) dollars.
b. 2. Second Offense. A fine of one hundred fifty dollars ($150.00) six hundred ($600.00) dollars.
c. 3. Third Offense. A fine of three hundred fifty dollars ($350.00) one thousand ($1000.00) dollars and/or up to (90) days of community service.
d. 4. Fourth and Each Subsequent Offense. A fine of one thousand five hundred dollars ($1,500.00)two thousand five hundred (2,500.00) dollars, 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 a separate offense and be punishable as such. Fine which are levied and recovered for noncompliance with any and all provisions of this section shall be transmitted monthly by the Court Clerk to the Collector of Taxes and deposited in the Recycling Grant Fund to be utilized for the purpose of the City's recycling program to include, but not limited to, the purchase of materials, education, awareness and improvement in services, in accordance with the provisions of N.J.S.A. 40A:4-39.
e. 5. A mandatory court appearance is required for the second and subsequent violations of this chapter provided that the second offense must be within one (1) year of the first offense.
f. 6. 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. (Ord. 6 S+FK, 9-2-92 § 13A:5-12; Ord. 6 PSF-D, 2-17-10 § 4)
b. Any owner of a multi-family dwelling (4 or more units) who violates or fails or neglects to comply with any provisions of this chapter or any rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty per unit as provided below:
1. First Offense. A fine of three hundred fifty ($350.00) dollars.
2. Second Offense. A fine of six hundred ($600.00) dollars.
3. Third Offense. A fine of one thousand ($1000.00) dollars and/or up to (90) days of community service.
4. Fourth and Each Subsequent Offense. A fine of two thousand five hundred ($2,500.00) dollars, 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 a separate offense and be punishable as such. Fines which are levied and recovered for noncompliance with any and all provisions of this section shall be transmitted monthly by the Court Clerk to the Collector of Taxes and deposited in the Recycling Grant Fund to be utilized for the purpose of the City's recycling program to include, but not limited to, the purchase of materials, education, awareness and improvement in services, in accordance with the provisions of N.J.S.A. 40A:4-39.
SECTION 2.
Any prior ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only, however, to the extent of such conflict or inconsistency.
SECTION 3.
If any part of this Ordinance is declared unconstitutional or illegal, the remaining provisions shall continue in full force and effect.
SECTION 4.
This Ordinance shall take effect upon final passage and publication, and in accordance with the laws of the State of New Jersey.
Statement
The purpose of this ordinance is to amend Title 15, Chapter 12, Section 10, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by amending numerous penalty provisions for violations.