Montclair Municipal Code Ch. 6.16 Refuse Collection and Disposal

All garbage, refuse, rubbish and waste material that accumulates within the City shall be removed by the City or its duly authorized agent, and no person, other than the City, or its duly authorized agent, shall collect or remove any garbage, refuse, rubbish or waste material required to be removed in and by this chapter, except by written permission from the City Manager or his/her designee.

(Editorially amended during 1999 codification; prior code § 6-8.01)

A. All garbage, rubbish and waste materials as defined in Chapter 6.02 of this title shall be deposited in a designated container as required, which may be provided by the City or its duly authorized agent. When garbage is deposited with waste material, rubbish or refuse, the receptacle shall be of a plastic or otherwise impervious material with a tight-fitting cover.

B. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice to the City's authorized waste hauler. The City Manager or his/her designee shall have the authority to refuse collection services for failure to comply herewith.

C. The total contents of each of the receptacles mentioned herein, except bins, shall not exceed 50 pounds total weight.

D. No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the City except it be in proper containers or properly bundled loose materials for the collection of, under express approval granted by, the City Manager or his/her designee.

E. Refuse containers shall be placed for collection at ground level on the property, not within the paved area of a public street or alley, on the day of collection. Ownership of refuse material set out for collection shall be vested in the City.

F. In no event shall refuse containers remain in the vicinity of the public right-of-way either before or after collection for a total time period of over 24 hours.

(Editorially amended during 1999 codification; prior code § 6-8.02)

(Ord. No. 19-985, § II, 6-17-19; Ord. No. 22-1001, § III, 6-6-22)

Editor's note— Ord. No. 22-1001, § III, adopted June 6, 2022, repealed § 6.16.025, which pertained to commercial recycling and organic waste recycling/diversion and derived from Ord. No. 19-985, June 17, 2019.

Editor's note— Ord. No. 22-1001, § III, adopted June 6, 2022, repealed § 16.16.030, which pertained to garbage to be wrapped and derived from prior code § 6-8.03.

All such combined residential garbage, refuse, rubbish and waste material shall be picked up at least once each week. All garbage, refuse, rubbish and waste material shall be picked up at least twice each week from apartments and planned unit developments with bin service. Townhouses and condominiums with individual unit receptacle service or with bin service shall be picked up at least once each week.

Commercial or industrial garbage and refuse, rubbish or waste material shall be picked up as frequently as the volumes shall require, but in no case more than once each day, excluding Sundays and holidays.

(Prior code § 6-8.04)

A. The City Council shall, by resolution from time to time, set the rate each householder or business or other commercial establishment shall pay for the collection of garbage, refuse, rubbish and waste material.

B. The City Manager or his/her designee shall provide for the collection of all charges herein provided for.

C. In the event any person shall fail to pay any charge herein provided, when the same becomes due, the City Manager or his/her designee shall pursue all remedies available for collection including, but not limited to, inclusion of such debts on the property tax billing.

D. All accounts shall be delinquent if not paid within 10 days of the date of the bill. All delinquent accounts are subject to stoppage of service without notice and service shall thereafter be resumed only on payment of the accumulated fees.

E. Failure to pay the charges for refuse collection within 30 days after the mailing of the bill therefor is declared to be a misdemeanor.

F. The monthly charge upon each residential, commercial and industrial unit shall be established by a resolution adopted by the City Council.

(Editorially amended during 1999 codification; prior code § 6-8.05)

A. Contagious Disease Refuse. The removal of clothing, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the City Manager or his/her designee. Such refuse shall not be placed in containers for regular collections.

B. Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the City Manager or his/her designee at the expense of the owner or possessor thereof.

(Editorially amended during 1999 codification; prior code § 6-8.06)

A. Requirements for Vehicles. Collectors of refuse from outside of the City who desire to haul over the streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled.

B. Disposal. Disposal of refuse by persons so permitted under subsection A of this section shall be made outside the City limits, unless otherwise specifically authorized by the City Manager or his/her designee.

C. Rules and Regulations. The City Manager or his /her designee shall have the authority to make such other reasonable regulations concerning the hauling of refuse over City streets by outside collectors as he/she shall deem necessary.

(Editorially amended during 1999 codification; prior code § 6-8.07)

The Council defines, declares and determines that the accumulation of garbage, refuse, rubbish, waste material and the remains of dead animals, in and about places of business, stores, dwellings and residences in the City, has become and now is a public nuisance and has become dangerous to the health and welfare of the inhabitants of the City; and has become and now is an obstruction to the free use of property in the City so as to interfere and prevent the comfortable enjoyment of life and property of a considerable number of persons, residents of the City.

(Prior code § 6-8.09)

Any animal or fowl which shall die within the City shall be immediately taken and removed by the owner thereof or the owner's agent and properly buried or disposed of in such manner that the same will not become obnoxious or a nuisance.

(Prior code § 6-8.10)

The City Manager or other duly authorized representative of the City may visit all premises within the corporate limits of the City from time to time to examine sanitary conditions of said premises to determine whether the provisions of this chapter are being complied with.

(Prior code § 6-8.11)

All waste material or rubbish not suitable for placement in the receptacle required herein shall be bundled and tied as may be required by the City Manager or his/her designee. In any case, tree trimmings shall be tied in bundles of not more than 4 feet in length, and no such loose waste material or rubbish shall exceed 50 pounds in any one bundle; provided, however, that nothing in this chapter shall be construed as interfering with building under any building permit or apply to wood stored for household use.

(Editorially amended during 1999 codification; prior code § 6-8.12)

It is found and declared that the existence of refuse, garbage, waste material or rubbish upon any sidewalk or vacant lot within the City is a public nuisance and dangerous to the health and safety of the inhabitants of said City.

(Prior code § 6-8.13)

The owner, agent or person having charge of or occupying any lot or premises within the City who shall fail to remove from such premises, or sidewalk immediately in front thereof or adjacent thereto, any things hereinbefore declared to be a nuisance in Sections 6.16.080 and 6.16.120 of this chapter, within five days after receiving written notice from the City Manager or his/her designee to remove refuse, garbage, waste material or rubbish, shall pay the extent of such removal by the City to the City of Montclair. Such expense shall be estimated by the City Manager or his/her designee on the basis of records of the City's present costs for such removal, and such expense shall be collectible by the City in a suit at law if such an expense incurred by the City for such removal is not voluntarily paid within 30 days upon receipt of notice stating such expense.

(Editorially amended during 1999 codification; prior code § 6-8.14)

A. Scavenging. It is unlawful for any person to engage in the act of scavenging, as defined in Section 6.02.010.

B. Exceptions. The provisions of this section do not apply to:

1. A contractor or its agents or employees performing under authority of contract.

2. A City agent performing under the authority of the City.

3. The owner or legal user of a container in which solid waste and/or recyclable materials are disposed in including the owner's authorized agents and employees.

C. Penalties. Any person who violates any provision of this section shall be guilty of a misdemeanor or an infraction, as defined by and punishable in the manner provided for in Section 1.12.010 of this Code.

(Ord. No. 13-934, § 1, 6-3-13; Ord. No. 19-985, § IV, 6-17-19)