HomeMy Public PortalAboutOrd. 05-53
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05-53
OOròimtltc£
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~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
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Adopted on fir" reading of the Council of rhe Borough oICarterer, N.].. on
::::::~2~..r 27,2005
~~ MA OR
ON c-, .' . . .
September 22, 2005
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MUNICIPAL CLERK
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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
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Î,!nTARY PUBLIC Or- ¡·\!::\V JERSEY
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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~
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P'i ¡QUC (It:: r\;!::Vi JEi.,::?Y
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IOROUGII Of CMTIIIfT
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PLIU.:flNG T/.
CODI OP THI lOR·
OUGH 0' CA..,....,..
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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