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HomeMy Public PortalAboutOrd. 05-53 r--..'o. 05-53 OOròimtltc£ of ±q£ ~orougq of QIad£rd, ~. JJ. Councilman I --------__ __ Presents the following Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET-YARD WASTE COLLECTION PROGRAM SECTION I. Purpose: An ordinance to establish a yard waste collection and disposal program 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 of this ordinance, the following terms, phrases, words and their derivations shall 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 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 of this 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. Yard Waste Collection Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the 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 of this ordinance shall be enforced by the Zoning Officer. SECTION V. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed [insert amount]. NO. 05-53 PAGE ;> of 2 SECTION VI. Severability: Each section, subsection, sentence, clause and phrase ofthis Ordinance is declared to be independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion ofthis 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 SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B. NAPLES X IAZ X X X SITARZ X x . Indicate Vote AB . Absent NV . Not Voting XOR· Indiçales Vote to Overrule Veto c Adopted on fir" reading of the Council of rhe Borough oICarterer, N.].. on ::::::~2~..r 27,2005 ~~ MA OR ON c-, .' . . . September 22, 2005 " / , , MUNICIPAL CLERK A...4 '4" \ Affidavit of Publication Publisher's Fee $78.32 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared ANNETTE MADAM A 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 110NEI times, once In each Issue, as follows 91271D5. JEt N 0 IOW~I(,'f'N \1 ,V)I ': ",.;:j; Î,!nTARY PUBLIC Or- ¡·\!::\V JERSEY [V!\' t'r)i\ l:rli1IS~lrJ~': :X''::'fP'""(' ;:::CQ ",,} ';.,1', n c., V. IV,,',d \,.,,' I~!- \, :1 ,,_,-, I ~w, LI-,,-,\) ~r BOROUGH OF CARTERET ORDINANCE #05-53 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET - YARD WASTE COLLECTION PROGRAM SECTION I Purpose: An ordinance to establish a yard waste collection and disposal program in The Borough of Carteret, so as to protect pubhc health, safety and welfare, sËgïcftnrg~lrf~i~~~i;es for the failure to comply. i:;m~~e p~~;r:s~e w'::rdt~i~n~r~~.;j~cdèr~aeti~~~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 ~~: ~~~~~fárwno~~b~;,e~ni~ ~~~S~u~:~d~~t~~ ir,,~~~; number include the plural number. The word "shall" is always mandatory and not merely direc- tory. a. ~~~::ii~ri;e~r~s~e:~~. t~~c~~t~e~~n~~f J~~~ vessel, such as to prevent the yard waste from spilling or blowing out Înto the street and coming into contact with stormwater. b. ~:;i~~r~hi~: f\~~~i~~sa~~fa~rg~,r~~0~~I~ic~r~~6~ division of this State subject to municipal juris- diction. 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. Yard Waste Collection Sweeping, raking. blowing or otherwise placing yard waste that is not containerized at the curb or along ~~io;t[.;~t ~~h~J{.I:~o:nedd adnu~~~gn~~~ ~':,'íl~~t~~~.d:~d shall not be placed closer than 10 feet from any i~~r~rt~~ ~r~~~ r~~c:t~eee1ta~fa~UC~th:~dti~~s;~ f~ any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said ~EðYrl~~ I$: ~~i~';:~~~~lation of this ordinance. The provisions of this ordinance shall be enforced ~~6~1oZ~n~~"i~~~~nS and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed [insert amountJ. SECTION VI. Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be indepen- dent 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 AD,.2005 " i ~; 1Tì/\ , I / 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~~~n~0~1~~I~'too~~~rla~f~h:â~r~nj~~d~fé~rtaetre~ 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. KATHEEN M. BARNEY Certified Municipal Clerk ($78.32) 39569 ..." )- 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, ~ Notary Public of New Jersey athleen Barney, Municipal Clerk Sworn and subscribed before me this 'f..#-. day of /LJ~ .Á. GO J I ;~-;''::;¡~ l~.. Rn'~7;;,"" ",,-'" P'i ¡QUC (It:: r\;!::Vi JEi.,::?Y ..,. .:..,....'i. L¡',PH't.': r.'ii\.' :,~, ' IOROUGII Of CMTIIIfT ....~~. PLIU.:flNG T/. CODI OP THI lOR· OUGH 0' CA..,....,.. y~~ APPROVED AND ADOPT- ED: OCTOBER 27 2005 INTRODUCED: SÉPTEM- {lER 22 2005 Advertised as adopted on fif'"st readJ.ng wtth no- tice of Public H.arlne" SEPTEMBER 27. 2005 . ~:~~5H.ld: OCTOBER ~~~~~l·J~ R~r~~A YOR Advertised as finally ~gted: November 4, KATHLEEN M. BARNEY MUNICIPAL CURK . 1112.711' 3881--ª