File #: 24-0583    Version: 1 Name: Ordinance: Amending Title 15, Solid Waste Management, Chapter 4, Collection and Disposal, Section 11, Receptacle: Placement and Storage (MS)
Type: Ordinance Status: Adopted
File created: 4/12/2024 In control: Municipal Council and City Clerk
On agenda: 2/24/2024 Final action: 5/8/2024
Title: AN ORDINANCE AMENDING TITLE XV, SOLID WASTE MANAGEMENT, CHAPTER 4, COLLECTION AND DISPOSAL, SECTION 11, RECEPTACLE; PLACEMENT AND STORAGE, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING SECTION 15:4-11(C) TO DECLARE MATTRESSES MUST BE COVERED IN PLASTIC FOR DISPOSAL. Sponsor(s): Council Member, Michael J. Silva
Sponsors: Michael J. Silva, Anibal Ramos, Jr.

Title

AN ORDINANCE AMENDING TITLE XV, SOLID WASTE MANAGEMENT, CHAPTER 4, COLLECTION AND DISPOSAL, SECTION 11, RECEPTACLE; PLACEMENT AND STORAGE, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING SECTION 15:4-11(C) TO DECLARE MATTRESSES MUST BE COVERED IN PLASTIC FOR DISPOSAL.

 

Sponsor(s): Council Member, Michael J. Silva

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WHEREAS, the Municipal Council on behalf of the City of Newark wishes to provide for the public safety and welfare of Newark residents during solid waste disposal and the collection of bulk waste and the manner in which its placement and storage occurs; and

 

WHEREAS, the City realizes the need to amend existing procedures, enforcements and penalties to ensure a reduction in violating the placement of and storage of bulk waste; and

 

WHEREAS, the Municipal Council finds and declares the following amendments to the Revised General Ordinances of the City of Newark, New Jersey, 2000, are deemed necessary concerning the disposal of mattresses and the need to prevent the spread of infectious diseases and the breeding of insects/bed bugs by mandating mattresses must be covered in plastic prior to disposal. 

 

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

                     

                     Note:  Additions are shown in Bold and Underlined.  Deletions are shown in Strikeouts.

 

SECTION 1. Title XV, Solid Waste Management, Chapter 4, Collection and Disposal, Section 11, Receptacle; Placement and Storage, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, to declare mattresses must be covered in plastic prior to disposal as follows:

 

CHAPTER 4, Collection and Disposal

 

§ 15:4-11 RECEPTACLE; PLACEMENT AND STORAGE.

 

a.                     The owner, lessee, tenant or other occupant of every privately owned building shall, in accordance with the times set forth in Section 15:4-10a. above, place or have placed all refuse material for collection in some convenient location outside of the building proper, between the curb and sidewalk, or if there is no space between the curb and the sidewalk, but not in a manner to block pedestrian traffic, where such material will be easily accessible to the collector.

 

b.                     Receptacles awaiting collection shall be stored or kept in such places so as to ensure the receptacles do not cause a health problem or create a nuisance for the general public or for owners or residents of the property in question or of abutting properties. Except as otherwise provided in section 15:4-1, no containers shall be stored in the street, on the curb or in a public right-of-way.

 

c.                     It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.

1.                     The owner, lessee, tenant or other occupant of every privately owned building shall be mandated to cover mattresses in plastic prior to disposal to prevent the spread of infectious diseases and the breeding of insects/bed bugs.

 

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SECTION 2.                     All City ordinances or portions of ordinances inconsistent herewith are hereby repealed to the extent of their inconsistency only.

 

SECTION 3.  Severability. If any provision of this amendment shall be deemed unenforceable by a Court of competent jurisdiction, the remainder of the amendment shall remain in full force and effect.

 

           SECTION 4.  This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

SECTION 5.  Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

 

STATEMENT

 

                     This Ordinance amends Title XV, Solid Waste Management, Chapter 4, Collection and Disposal, Section 11, Receptacle; Placement and Storage, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by amending Section 15:4-11(C) to declare mattresses must be covered in plastic prior to disposal.