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AN ORDINANCE AMENDING TITLE XV, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO AMEND VARIOUS CHAPTERS AND SECTIONS TO INCREASE TITLE XV PENALTIES.
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NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown as underlined and bold. Deletions are shown as strikethroughs.
Section 1:
15:4 Collection and Disposal
15:4-9. RECEPTACLES; REQUIREMENTS APPLICABLE TO PERSONS ACCUMLATING SOLID WASTE TO BE REMOVED.
b. The owner of every dwelling or other premises in the City where solid waste and recyclable materials shall accumulate must provide and keep on such premises sufficient and suitable receptacles or cans or barrels with tight-fitting covers therefor for receiving and holding the aforesaid refuse materials. Placement on the curb or sidewalk of plastic bags or containers other than sufficient and suitable receptacles as defined herein is prohibited. Paper and other recyclable materials shall be prepared as set forth in this Title. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $250.
2. Second Offense. A fine of $200. $500.
3. Third Offense. A fine of $350 $1,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. Any costs incurred by the City to remove a violation pursuant to this Subsection b, shall be in addition to the penalties imposed in paragraphs 1 through 4 of this Subsection.
6. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
7. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
c. The use of paper bags and cardboard boxes as receptacles for refuse is prohibited. All cartons must be flattened and secured for collection. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
a. First Offense. A fine of $100. $250.
b. Second Offense. A fine of $200. $500.
c. Third Offense. A fine of $350 $1,500 and/or up to 90 days of community service.
d. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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.
e. Any costs incurred by the City to remove a violation pursuant to this Subsection c, shall be in addition to the penalties imposed in paragraphs 1 through 4 of this Subsection.
f. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
g. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 2.
15:4 Collection and Disposal
15:4-11. RECEPTACLE; PLACEMENT AND STORAGE.
e. It shall be unlawful for any property owner to park or permit the parking of any vehicle on any residential lawn, or on any publicly owned unpaved City-owned lot. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $150. $250.
2. Second Offense. A fine of $300. $500.
3. Third Offense. A fine of $500 $1,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
f. Every privately owned residential property shall be limited to 10 bulk items that can be placed outside on the scheduled bulk collection day. [i] Each item over 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 $250 for each item over 10 bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional $250 per day shall be assessed until the offense is abated.
2. Second Offense. A fine of $350 $500 for each item over 10 bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional $350 $500 per day shall be assessed until the offense is abated.
3. Third Offense. A fine of $450 $1,500 for each item over 10 bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional $450 $1,500 per day shall be assessed until the offense is abated and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000 for each item over 10 bulk items. If the bulk waste items are not picked up on the same day, then a fine of an additional $2,500 per day shall be assessed until the offense is abated and/or up to 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 subsection shall not exceed $10,000 per incident.
6. The cost incurred by the City pursuant to Subsection f, item [ii], shall be in addition to any fine imposed pursuant to paragraphs f.1 through 4 of this subsection.
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 year of the first offense.
8. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
g. Every privately owned structure and/or apartment complex consisting of 10 or more units shall have a sufficient number, measurable by the Department of Public Works standard, of four yard cubic containers for solid waste disposal and removal as required by the refuse generated. The Department of Public Works is authorized to order the installation or placement of additional waste containers as necessary to ensure compliance with this Chapter. A property owner can make application to the Director of the Department of Public Works for an exemption from this section or a reduction of the requirement. Upon receipt of a notice of violation pursuant to this provision, the property owner shall remedy the violation within seven (7) days of service of the notice. 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 below:
1. First Offense. A fine of $250. If the bulk waste items are not picked up on the same day, then a fine of an additional $250 per day shall be assessed until abated.
2. Second Offense. A fine of $350. $500.
3. Third Offense. A fine of $450 $1,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. 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 year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
7. Any such penalty that derives from this Chapter shall be in addition to the cost of removing the solid waste herein before referred to from the land described in the notice given by the City.
8. The cost of abatement shall be certified to the tax collector and such costs shall thereupon become a lien upon the property to the same extent as liens for unpaid municipal property taxes. In addition thereto, the City may have an auction to recover such cost against the owner of such lands in any court having jurisdiction thereof.
SECTION 3.
15:4 Collection and Disposal
15:4-13. PREPARATION OF SOLID WASTE.
a. Solid waste shall be placed and stored in a sufficient and suitable receptacle as described in Section 15:1-1 of this Title. Solid waste shall be placed in plastic bags a minimum of 1.2 millimeters thick to prevent them from tearing or ripping when full and placed in the sufficient and suitable receptacle. The use of plastic grocery bags for the storage and disposal of refuse is prohibited. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $250.
2. Second Offense. A fine of $200. $350.
3. Third Offense. A fine of $350 $1,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chanter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
b. Paper shall be secured and properly tied into bundles or other packages, in a manner to prevent any scattering while being handled by City employees or its agents, or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one person. Clean and uncontaminated newspaper shall be kept separate and not mixed with regular refuse. Newspaper shall be considered clean and uncontaminated if it has not been exposed to a foreign substance or substances, or conditions that render it unsuitable for recycling. Persons may wrap solid waste in used newspaper and discard the same with regular refuse even if wrapping renders the newspaper unsuitable for recycling. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $250.
2. Second Offense. A fine of $200. $500.
3. Third Offense. A fine of $350 $1,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000 and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
c. All suitable receptacles, used for the purpose herein described shall not be filled higher than three inches below the top, and when so filled, they shall be of such a weight as can be easily handled by one person. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $250.
2. Second Offense. A fine of $200. $500.
3. Third Offense. A fine of $350 $1,5000 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 4.
15:4 Collection and Disposal
15:4-15. POSTING OF PERMIT.
Every owner, lessee or person in control of a commercial source of refuse shall post a permit which states clearly and legibly the trade or business name, addresses, telephone number and the day, time of refuse collection presently serving the establishment, as well as the name, address and telephone number of the private refuse collection hauler serving the establishment.
Every owner, lessee or person in control of a commercial source of refuse shall post the trade waste permit issued by the Department of Public Works Department of Engineering. The trade waste permit shall expire one year from issuance and cost $25. Such permits shall be prominently displayed by affixing to a window near the principal entrance of the commercial source so as to be easily visible from outside the structure. If this is not possible, such permit shall be prominently displayed inside, near the principal entrance. The applicant shall obtain and post a new permit annually, or whenever there is a change in the hauler utilized to collect refuse from the commercial source. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
h. First Offense. A fine of $100. $250.
i. Second Offense. A fine of $200. $500.
j. Third Offense. A fine of $350 $1,500 and/or up to 90 days of community service.
k. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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.
l. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
m. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
Section 5.
15:6 Disposal Facilities and Illegal Dumping.
15.6-2: DUMPING, DEPOSITING OR PLACING OF REFUSE PROHIBITED.
a. It shall be unlawful for any person to deposit, place or dump, or to permit the dumping, depositing or placing of any litter, solid waste, paper, rubbish, trade waste or refuse upon any land, in any stormwater sewer, or in any waterway of the City, except for those disposal methods permitted in 15:4-1 et seq., supra. Any person who violates or fails or neglects to comply with any provision of this chapter or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
1. Residential Owners.
i. First Offense. A fine of $2,500 and a term of imprisonment up to 10 days.
ii. Second Offense. A fine of $5,000 and mandatory day of imprisonment.
iii. Subsequent Offenses. A fine of $5,000 and a mandatory term of imprisonment of up to 10 days.
2. Commercial Owners.
i. First Offense. A fine of $5,000 and a term of imprisonment up to 90 days.
ii. Second Offense. A fine of $5,000 and mandatory minimum 5 days imprisonment with a maximum of 25 days.
iii. Subsequent Offenses. A fine of $5,000 and a mandatory minimum of 10 days imprisonment of up to a maximum of 90 days.
3. Any costs incurred by the City to remove a violation pursuant to this Subsection a, shall be in addition to the penalties imposed in paragraphs 1 through 2 of this Subsection.
b. It shall be unlawful for any person to deposit, place or dump or to permit the placing, depositing or dumping of any litter, solid waste, paper, rubbish, trade waste or refuse from any vehicle or any boat within the City. Any person who violates or fails or neglects to comply with any provision of this chapter or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
1. Residential Owners.
i. First Offense. A fine of $2,500 and a term of imprisonment up to 10 days.
ii. Second Offense. A fine of $5,000 and mandatory day of imprisonment.
iii. Subsequent Offenses. A fine of $5,000 and a mandatory term of imprisonment of up to 10 days.
2. Commercial Owners.
i. First Offense. A fine of $5,000 and a term of imprisonment up to 90 days.
ii. Second Offense. A fine of $5,000 and mandatory minimum 5 days imprisonment with a maximum of 25 days.
iii. Subsequent Offenses. A fine of $5,000 and a mandatory minimum of 10 days imprisonment of up to a maximum of 90 days.
3. Any costs incurred by the City to remove a violation pursuant to this Subsection b, shall be in addition to the penalties imposed in paragraphs 1 through 2 of this Subsection.
4. A property owner who cooperates with the Department in the investigation of illegal dumping and materially assists in identifying the responsible party shall not be subject to penalties or enforcement actions for violations pursuant to this Subsection.
SECTION 6.
15:6 Disposal Facilities and Illegal Dumping.
15:6-3. PERSONS PERMITTING DUMPING; VIOLATION.
a. No person who owns any property in the City or who is in possession of the property, or who is in control of the property, shall allow or permit any person to dump any solid waste, refuse or other material defined in this Title upon the property. Any person who violates or fails or neglects to comply with any provision of this chapter or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
b.
1. Residential Owners.
i. First Offense. A fine of $2,500 and a term of imprisonment up to 10 days.
ii. Second Offense. A fine of $5,000 and mandatory day of imprisonment.
iii. Subsequent Offenses. A fine of $5,000 and a mandatory term of imprisonment of up to 10 days.
2. Commercial Owners.
i. First Offense. A fine of $5,000 and a term of imprisonment up to 90 days.
ii. Second Offense. A fine of $5,000 and mandatory minimum 5 days imprisonment with a maximum of 25 days.
iii. Subsequent Offenses. A fine of $5,000 and a mandatory minimum of 10 days imprisonment of up to a maximum of 90 days.
3. Any costs incurred by the City to remove a violation pursuant to this Subsection a, shall be in addition to the penalties imposed in paragraphs 1 through 2 of this Subsection.
SECTION 7.
15:6 Disposal Facilities and Illegal Dumping.
15.6-4. OWNER TO MAINTAIN PREMISES FREE OF LITTER.
a. The owner of any property shall at all times maintain the premises free of debris and litter. This action shall not be construed to prohibit the storage of refuse in proper receptacles for collection. Any person, firm or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $300. $1,000.
2. Second offense. A fine of $500. $2,500.
3. Third offense. A fine of $750 $5,000 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $10,000, and/or up to 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. Any costs incurred by the City to remove a violation pursuant to this Subsection a, shall be in addition to the penalties imposed in paragraphs 1 through 4 of this Subsection.
6. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
7. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 8.
15:6 Disposal Facilities and Illegal Dumping.
15:6-5. REMOVAL OF MATERIAL DUMPED ILEGALLY.
Any person violating any provisions of Chapter 6 of this Title shall immediately remove all of the material which the person has illegally dumped or deposited. Failure to comply with this provision shall result in a fine of $5,000 for the initial violation and an additional fine of $1,000 for each day the violation continues until the material is removed. The total penalty amount of such daily fines shall not exceed the maximum penalty authorized by applicable law.
Section 9.
15:8 Brush, Weeds, Waste Matter and Debris.
15:8-2. REMOVAL AND PROTECTION; NOTICE TO REMOVE.
a. The owner or tenant of lands lying within the corporate limits of the City is hereby required to remove or cause to be removed from such lands any brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, solid waste, refuse and debris or any materials deposited in violation of the Revised General Ordinances of the City of Newark. Failure to comply with this provision shall result in an initial fine of $1,000 and an additional fine of $2,500 for each day the violation continues until the material is removed. The total amount of such fines shall not exceed the maximum penalty authorized by applicable law.
b. Any owner of vacant land on which material has been deposited in violation of this section twice in any one-year period shall be required to construct a fence within 10 days of the second notice. If the owner fails to install the required fence within the time prescribed, the City may cause such fence to be installed and shall be entitled to recover the full cost of installation from the owner. to prevent the recurrence of such violations, or to be present or cause a responsible person to be present within 100 feet of the land between the hours of 5:00 p.m. and 9:00 a.m. the following day.
c. The Directors of the Department of Public Works, Health and Community Wellness or Engineering, specifically Code Enforcement and/or Sanitation Inspections, shall notify the owner or tenant, in writing, of any violations of this section and require abatement within two days after receipt by such owner or tenant of written notice. Failure to correct the violation shall result in a fine of $1,000 for each day the violation continues until the violation is corrected. Any property determined by the City to constitute an immediate public health hazard may be abated by the City without prior notice to the owner or tenant, and the costs of such abatement may be assessed against the property owner as permitted by law.
SECTION 10.
15:8 Brush, Weeds, Waste Matter and Debris.
15:8-3. NOTICE: SERVICE, CONTENTS.
b. Every such notice shall, in addition to requiring the removal as aforesaid, warn the owner or tenant of the lands to which such notice refers that failure to accomplish such removal within the time stated therein will result in removal by or under the direction of the City; that the cost of such removal shall be charged to the owner or tenant of such lands and shall be payable to the City within 30 days after the date of submission of the charges (if abatement is deemed hazardous that immediate abatement will be done and the property owner will be charged a fee for cleanup and removal); and that unless such charges are paid within the thirty-day period, the costs aforesaid shall become a lien upon the lands and be collected as provided by N.J.S.A. 40:48-2.14. The owner or tenant shall be subject to a fine of $2,500 for each day the violation continues beyond the compliance date specified in the notice until the violation is corrected.
SECTION 11.
15:8 Brush, Weeds, Waste Matter and Debris.
15:8-5(a). PENALTY ADDITIONAL TO COST OF REMOVAL.
a. Any person who shall violate any provisions of this chapter or who shall fail to comply with any notice given by the City as provided in this chapter, shall, upon conviction thereof, be punished as provided in Section 15:2- 2 with a minimum penalty of $2,500. Any such penalty shall be in addition to the costs of removing the substances hereinbefore referred to from the lands described in the notice given by the City.
Section 12.
15:9 Littering.
15:9-1. Litter; General.
a. Every owner, lessee, tenant occupant or person in charge of any structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind, and shall keep the sidewalks, areaways, backyards, courts, and alleys free from litter and other solid waste by sweeping their sidewalks a minimum of twice a week, except as provided in paragraph b. Such persons shall also remove all such litter and other solid waste between the curb abutting the building or premises and the roadway extending 18 inches from the curb into the street on which the building or premises fronts. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $500.
2. Second Offense. A fine of $200. $1,000.
3. Third Offense. A fine of $350 $2,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 13.
15:9 Littering.
15:9-3. LITTER ON PRIVATE PROPERTY PROHIBITED.
a. No person shall throw or deposit litter on any private property, whether owned by him/her or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $500.
2. Second Offense. A fine of $200. $1,000.
3. Third Offense. A fine of $350 $2,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 14.
15:9 Littering.
15:9-5. LITTER IN PUBLIC PROHIBITED.
No person shall throw or deposit any litter in or upon any street, sidewalk or other public place except in public receptacles or in authorized private receptacles for collection. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $100. $500.
2. Second Offense. A fine of $200. $1,000.
3. Third Offense. A fine of $350 $2,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500 $5,000, and/or up to 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. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 15.
15:9 Littering.
15:9-6. LITTER ON VACANT LOTS PROHIBITED.
No person shall throw or deposit litter on any open or vacant property whether owned by such person or not. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $1000.
2. Second Offense. A fine of $2,500.
3. Third Offense. A fine of $5,000.
4. Fourth and Each Subsequent Offense. A fine of $10,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and be punishable as such.
5. Any costs incurred by the City to remove a violation pursuant to this Section, shall be in addition to the penalties imposed in paragraphs 1 through 4 of this Section.
6. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
7. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 16.
15:9 Littering.
15:9-7. LITTER IN PARKS PROHIBITED.
No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof by a fine or penalty as provided below:
8. First Offense. A fine of $500.
9. Second Offense. A fine of $1,000.
10. Third Offense. A fine of $2,500.
11. Fourth and Each Subsequent Offense. A fine of $5,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and be punishable as such.
12. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
13. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
SECTION 17.
15:9 Littering.
15:9-8. LITTER IN CITY WATERS PROHIBITED.
No person shall throw or deposit litter, or cause liquid pollutants to be drained into any stormwater sewer, catch basin, fountain, pond, lake, stream, river, bay or any other body of water. Any person, firm, or corporation who violates or fails or neglects to comply with any provision of this chapter or 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 $1000.
2. Second Offense. A fine of $2,500.
3. Third Offense. A fine of $5,000.
4. Fourth and Each Subsequent Offense. A fine of $10,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and be punishable as such.
5. Any costs incurred by the City to remedy the violation pursuant to this Section, shall be in addition to the penalties imposed in paragraphs 1 through 4 of this Section.
6. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense
SECTION 18.
15:9 Littering.
15.9-9. UNCOVERED VEHICLES.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked, on any road or highway unless such vehicle is constructed, loaded and covered to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any debris or objects have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all debris or objects and shall pay the costs thereof, failure to do so would result in the following fine or penalty:
1. First Offense. A fine of $500.
2. Second Offense. A fine of $1,000.
3. Third Offense. A fine of $2,500 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $5,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and be punishable as such.
5. A mandatory court appearance is required for the third and subsequent violations of this chapter provided that the third offense must be within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent violation within one year of a previous violation pursuant to N.J.S.A. 40:49-5.
STATEMENT
This Ordinance Amends Title XV, Solid Waste Management, Chapters 15:4, Collection and Disposal; Chapter 15:6, Disposal Facilities and Illegal Dumping; Chapter 15:8, Brush, Weeds, Waste Matter and Debris; and Chapter 15:9, of the Revised General Ordinances of the City of Newark, New Jersey, as amended and supplemented to make various revisions including the increase the fines.
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