502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 19-17

Introduced: July 27, 2017
Public Hearing: September 7, 2017
Status: Adopted

An ordinance amending Section 42-69(c) of Chapter 42, Solid Waste Management, of the revised ordinances of the Township of Randolph


WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, Section 42-69(c) of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph limits authorization to sweep, blow, rake or dump leaves onto the curbside of public streets fronting a resident’s property during leaf collection season to residents; and

WHEREAS, the Township of Randolph desires to amend Section 42-69(c) of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph to expand the list of individuals or entities that may sweep, blow, rake or dump leaves onto the curbside of public streets fronting a resident’s property during leaf collection season to include property owners, tenants of property owners, agents of property owners or tenants, contractors of property owners or tenants and landscapers of property owners or tenants.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Section 42-69(c), Leaves, of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced with the following:

(c) Leaves.

  1. Placement. Property owners, tenants of property owners, agents of property owners or tenants, contractors of property owners or tenants and landscapers of property owners or tenants may place leaves in sealed biodegradable bags curbside along public streets throughout leaf collection season provided that sealed biodegradable bags shall not be placed less than ten feet from any storm drain inlet, nor shall they create a hazard for vehicles.
  2. Sweeping, blowing, raking, and dumping of leaves. Property owners, tenants of property owners, agents of property owners or tenants, contractors of property owners or tenants and landscapers of property owners or tenants may sweep, blow, rake, or dump leaves onto the curbside of public streets fronting a resident’s property during leaf collection season within the seven day period before the scheduled leaf collection day (published in the fall town newsletter and posted on the town web site) provided that the leaves shall not be placed less than ten feet from any storm drain inlet, nor shall they create a hazard for vehicles.
  3. Collection limitation. The Township of Randolph provides free collection for the maximum amount of five cubic yards. For amounts more than five cubic yards, a resident may arrange a pick up with the Township after paying $100.00 per five cubic yard dump truck load.
  4. Penalty. The police department, the health department, and the department of public works:
    1. Shall have the authority to provide warning notices to property owners, tenants, agents, contractors and landscapers that are in violation of the above regulations (subsection 42-69(c)(1)—(3));
    2. May require property owners, tenants, agents, contractors and landscapers to immediately comply with the above regulations; and/or
    3. May either remove sealed biodegradable bags or leaves that are placed onto the curbside of public streets in violation of the above regulations (subsection 42-69(c)(1)—(3)) and/or arrange to have the Township remove such sealed biodegradable bags or leaves within a 72 hour period at the property owner’s expense.

In the event that a property owner fails to immediately remove sealed biodegradable bags or leaves that are placed onto the curbside of public streets in violation of the above regulations (subsection 42-69(c)(1)—(3)), the Township shall have the authority to remove the sealed biodegradable bags or leaves and place a lien against the property in the amount of $400.00 for the first truck load, which shall not exceed five cubic yards, and $300.00 for every subsequent truck load, which shall not exceed five cubic yards.

Failure to comply with the notices may result in Randolph issuing a summons to appear in municipal court.

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Christine Carey, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 19-17

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Section 42-69(C) of Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 27, 2017 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on September 7, 2017 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Section 42-69(c) of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph to expand the list of individuals or entities that may sweep, blow, rake or dump leaves onto the curbside of public streets fronting a resident’s property during leaf collection season to include property owners, tenants of property owners, agents of property owners or tenants, contractors of property owners or tenants and landscapers of property owners or tenants.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey