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AN ORDINANCE AMENDING TITLE XV, SOLID WASTE MANAGEMENT, CHAPTERS 1, DEFINITIONS AND CHAPTER 4, COLLECTION AND DISPOSAL, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, BY THE ADDITION OF A NEW PROVISION RELATING TO THE COLLECTION AND REMOVAL OF SOLID WASTE FOR PRIVATELY OWNED STRUCTURES OF TEN (10) UNITS OR MORE.
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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, "Sufficient receptacle" as defined in Title XV of the City's Ordinance "...mean[s] at least one (1) metal or plastic freestanding can or barrel for each family unit residing on the premises..."; and
WHEREAS, the Director of the Department of Public Works has found that requiring privately owned structures of ten (10) or more units to produce ten (10) or more free standing cans or barrels of solid waste creates a nuisance and public health hazard; and
WHEREAS, the Director of the Department of Public Works has determined that requiring privately owned structures of ten (10) or more units to maintain a single four (4) yard container creates less of a nuisance, provides a more sanitary method of disposing of Solid Waste and may be necessary or expedient to carry out the intent..." of t...
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