Title
AN ORDINANCE AMENDING TITLE XV, SOLID WASTE MANAGEMENT, CHAPTER 1, SECTION 1, DEFINITIONS, CHAPTER 4, SECTION 9, RECEPTACLES; REQUIREMENTS APPLICABLE TO PERSONS ACCUMULATING SOLID WASTE TO BE REMOVED, AND CHAPTER 4, SECTION 13, PREPARATION OF SOLID WASTE FOR COLLECTION, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, BY MANDATING THAT DWELLING OWNERS PROVIDE SUFFICIENT, SUITABLE RECEPTACLES WITH AN ATTACHED LID FOR SOLID WASTE DISPOSAL AND REMOVAL AND PROHIBITING PLACEMENT OF PLASTIC BAGS ON THE CURB.
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WHEREAS, N.J.S.A. 40:66-1(a) empowers the City of Newark to enact such laws and regulations as are necessary to protect the public health and welfare from the ills of solid waste disposal; and
WHEREAS, it has long been held that municipalities may determine the method of disposing municipal waste, so long as such a process does not deny its residents due process and equal protection of the law; and
WHEREAS, the Department of Public Works 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 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 of the Department of Public Works has found allowing placement of plastic bags filled with solid waste on the curb without a sufficient, suitable receptacle creates a nuisance and public health hazard; and
WHEREAS, the Director of the Department of Public Works has determined that requiring owners, rather than tenants, of dwellings to be responsible for providing sufficient, suitable receptacles will create less of a nuisance and provides for a more sanitary method of disposing of Solid Waste and is necessary to carry out the intent..." of the City of Newark's Solid Waste Ordinance; and...
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