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Home My Public Portal AboutOrd. 05-52 No. OS-52 <IDròiuaut£ of tlr£ lßorougq of QIad£rd, ~ ~ W ~ Councilman I Presents the following Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET CONTAINERIZED YARD WASTE SECTION I. Purpose: An ordinance to establish requirements for the proper handling of yard waste in The Borough of Carteret so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. SECTION II. Definitions: For the purpose ofthis ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text ofthis Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. a. Containerized - means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater. b. Person - any individual, corporation, company, partnership, firm, association, or political subdivision ofthis State subject to municipal jurisdiction. c. Street - means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines. d. Yard Waste - means leaves and grass clippings. SECTION III. Prohibited Conduct: The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance. SECTION IV. Enforcement: The provisions ofthis ordinance shall be enforced by The Carteret Board of Health. SECTION V. Violations and Penalties: Any person(s) who is found to be in violation of the provisions ofthis ordinance shall be subject to a fine not to exceed $1,250.00 and/or 60 days in jail for each offense. NO OS-52 PAGE 2 of 2 SECTION VI. Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. SECTION VII. Effective date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. DO NOT USE ~PACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. UNO X NAPLES X X X X Z X x . Indicale Vote AB . Abs"nt NV N V . " - ot oClng XOR· Indicates Vote to Overrule Veto c Adopted on firs! reading of the Council of the Borough ofCarteret, N.J.. on Adopted on second reading after hearing on October 27, 2005 September 22, 2005 ON Affidavit of Publication Publisher's Fee $78.32 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared ANNETTE MADAMA Affidavit Charge $25.00 of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 9121185. Jt}\\ I,) JC'¡:·I$,:):.] ~!::~,;,q\i c: /j ~t\ rT \¡: 'i' ¡rQr:¡::v 1\ '" ,/ '" 1 \.....,~....J $, "[,,_,,,__1 -,(1\, i',j>i BOROUGH OF CARTERET ORDINANCE #05-52 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET CONTAINERIZED YARD WASTE SECTION I. Purpose: An ordinance to establish requirements for the g~~~:;er~~d~i~~o o~r~~~~t ~aus~tic ihe~n~, Bs~~~:hanOJ welfare, and to prescribe penalties for the failure to §~'B~\bN II. Definitions: f~:m~~e p~~;~~s~e w~frdt~i~ndr~~~~cder~:ti~~~o:~~fi have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context. words used in the present tense include the future. words used in the plural number include the singular number, and words used in the singular number ¡nclude the plural number. The word "shall" is always mandatory and not merely direc- tory. a. Containerized - means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater. b. Person - any individual, corporation. comrany. partnership. firm, association. or politica sub- division of this State subject to municipal ju- risdiction. c. Street - means any street, avenue, boulevard, road, parkway, viaduct, drive. or other way, which IS an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved. and may comprise pavement, shoulders, gut- ters, curbs, sidewalks, parking areas, and other areas within the street lines. d. Yard Waste _ means leaves and grass clippings. SECTION III. Prohibited Conduct: The owner or occupant of any property, or any employee or contractor of such owner or occupant :~,g~~~~ ~oorr~~~de~~a~~ec,abfo: ~arn~~~:~~j~eS~I~~c~ yard waste, unless the yard waste is containerized, In the street. II yard waste that is not containerized is placed in the street. the party responsible for ~:~~~~~~~f th:rdst~:::e o~uss~iJe;a~t~ ~hhealrab~ deemed, ¡n violation of this ordinance SECTION IV, Enforcement: ~heT~~oC~:~~rSe?k~~i;d o~f~:~I~h shall be enlorced SECTION V. Violations and penàttles: Any person(s) who is found to be in violation of the provisions of this ordmance shall, be subject to a fine not to exceed $1,250.00 and/or 60 days in jail for each offense. SECTION VI. Severability: Each section, subsection, sentence, clause and phrase 01 this Ordinance is declared to be an mdependent section, subsectIOn, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause. or reason. shall -_..----~ ;j A.D., 2005 ,", sworn and subscribed before me this 27th day of September, A.D" 2005 not affect any other portion of this Ordinance. SECTION VII. Effective date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. m~~tin~O~¡s..~I~~oo~~~~la~f~h:~~r~~~hd~f~dart:re~ held September 22, 2005 when it was adopted on First Reading. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et on October 27 2005 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Ave- nue, Carteret. New Jersey at which time and place all persons interested will be given an opportunity to be heard. KATHLEEN M. BARNEY Certified Municipal Clerk ($78.32) 38821 T '.':;~ \~\ \ Î / \l . ..,' ",/ .~ .~'/ -~y AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Friday, November 4, 2005 ~~/ 0: ~ Not:;ry Public of New Jersey Sworn and subscribed before me this ,+--t;t:.. day of /LJ C~'V"I ..l... 00 :s- I .,.\1\, R;V~~~) 7' ,"'!' ,\ ~'.: '{ \ ~ ' ,:,,' ~,-'-; :":c-jr;;'-"'¡~;: 'In t::I'..P¡{~;( ;',,';:;:;\.1 - IIOIØIIt Of CMTIIIEI ORDINANCE #Q8.62 _OJ\!<!!. 1iU~ 'f'HI¡ HOF THE_ CONTAlNE..R.s!D YARDW_.&; _""""AND ADOPTII'" ~:2005 SEPTEMBER 27, 2005 --- on ftrIIt ...... wfth -.. ...--, SEPTEMBER ri, 2005 -....., OCTOBER 27, 2005 ~ÕR·gA~ÈL J :¡!''::''L.t _ ftrWty Nt~~M;ER,!. 20015 KATHLBEN M. IIAIINEY. IllUNtCtPAL CLERK...... (114.82)