Newark Municipal Code Ch. 8.10 Unlawful Scavenging

The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Waste" means the useless, unused, unwanted, or discarded materials resulting from normal community activities, or materials which by their presence may injuriously affect the health, safety, and comfort of persons.

B. "Refuse" means all putrescible and nonputrescible solid or liquid wastes, except sewage, whether combustible or noncombustible.

C. "Garbage" means putrescible animal, fish, food, fowl, fruit or vegetable matter (excluding green waste), or any portion thereof, resulting from the preparation, storage, handling or consumption of such substances.

D. "Rubbish" means all waste wood, wood products, printed materials, paper, pasteboard, rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass, and other waste materials not included in the definition of garbage, or recyclable materials.

E. "Recyclable materials" mean domestic, commercial, or industrial by-products of economic value separated, set aside, handled, packaged, or offered for collection by the waste generator in a manner different from solid waste and specifically includes, but is not limited to, glass, paper, plastic, metal and green waste.

F. "Authorized person" means the owner, agent, designee, or contracted company employee which has an agreement either with the City of Newark and/or the owner of said property to process the garbage, waste or recyclables.

G. "Container" means the receptacle used to collect or store materials, including but not limited to, a bin, a container, a plastic or metal trash can, paper or plastic bag, a box or carton or crate.

(Ord. 411 § 1 (part), 2005)

It is unlawful for any unauthorized person to open, inspect or rummage through any container and/or remove any contents therefrom which contains waste, refuse, garbage, rubbish, recyclable materials or industrial waste when it has been placed in a location that is designated or is readily accessible to the collectors for emptying and removal or it is in a designated space on the property for waste or recyclable storage.

(Ord. 411 § 1 (part), 2005)

Violation or failure to comply with any provision of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions set forth in Chapter 1.16 of this code.

(Ord. 411 § 1 (part), 2005)

Violation or failure to comply with any provision of this chapter shall constitute a public nuisance subject to abatement pursuant to this code.

(Ord. 411 § 1 (part), 2005)