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Posted on: June 21, 2022

Ordinance No. 810

CITY OF TRENTON

ORDINANCE NO. 810

AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF TRENTON BY ESTABLISHING A RECYCLING PROGRAM.  

THE CITY OF TRENTON ORDAINS: 

Chapter 74. Section 74-31, Article II of the Code of Ordinances, are hereby amended to include the following the definition:  

Recyclable Materials means commingled and/or presorted materials that are separated from solid waste prior to the collection of solid waste from a site of generation: high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper and yard clippings. Recyclable materials shall not include hazardous waste. More detailed specification of the items deemed to be recyclable materials shall be provided from time to time by duly published resolution.

Chapter 74. Section 74-52, Article II of the Code of Ordinances, are hereby amended and added to include the following:  

Sec. 74-52. Recyclables.

  1. Commencing on July 11, 2022, all persons who are owners, lessees or occupants of any site of generation should separate recyclable materials from solid waste and prepare the recyclable materials for pick-up, collection and delivery in the manner provided by the rules and regulations adopted by the city by duly published resolution.
  2. Yard wastes shall either be disposed of at the site of generation in a manner which will not create a nuisance and/or be injurious to the public health, or yard wastes shall be placed at the curb side or other designated location for pick-up, collection and delivery by the waste hauler in the manner provided by rules and regulations adopted by duly published resolution. This provision shall not prohibit a person engaged in the business of providing landscaping services from removing yard wastes from a site of generation, provided, however, such a person shall be obligated to dispose of such yard wastes by composting, direct delivery to the waste hauler and/or delivery to a premises outside of the city in a lawful manner.
  3. Any recyclable materials authorized for collection by or at the direction of the city in accordance with the terms of this article shall become the property of the waste hauler at the time the material is placed at the curb side or other designated location. It shall be a violation of this article for any person not authorized by the city to collect or pick-up or cause to be collected or picked up any such recyclable materials.

Chapter 74. Section 74-53, Article II of the Code of Ordinances, are hereby amended and added to include the following:  

Sec. 74-53. City shall publish established rules, regulations, and rates for Recycling.

The city shall, by resolution duly published, establish rules, regulations, rates governing procedures for collection of Recyclable Materials. Such procedures shall include the pick-up schedule, items which are deemed to be recyclable materials, and the manner, location and containers for storage and collection.  The city as the waste hauler shall publish the rate for collection of waste and recycling. A failure by a citizen to comply with such rules, regulations, and fees shall be a violation of this article.

Chapter 74. Section 74-54, Article II of the Code of Ordinances, are hereby amended and added to include the following:  

Sec. 74-54. Recyclable rate to be adopted by resolution.

The city shall adopt resolutions from time to time specifying the recyclable hauler collection rates. This rate is for the collection, hauling, and disposal.   Unless decided otherwise by the City, the rate shall appear on the resident’s water bill.  Such resolution shall be published in order to provide notice to the public.

Chapter 74. Section 74-55, Article II of the Code of Ordinances, are hereby amended and added to include the following:  

Sec. 74-55. Nonpayment or late payments recyclable materials rate.

Such recycling charges shall constitute a lien upon the property which is the site of generation. If a payment is not made on or before the due date a penalty in the amount of ten (10) percent shall be added to the amount owed. This penalty shall be consistent with penalties assessed for water and sewer.   Moreover, if there is an outstanding balance owing to the contractor or city with respect to any property as of December 31 in any year, such outstanding balance, together with all accrued penalties, shall be placed upon the delinquent tax roll of the city, and shall accrue further interest and penalties, and shall be collected, in the manner made and provided for delinquent real property taxes in the city.

Section 3. Savings Clause. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. All unamended provisions of this Ordinance shall be unchanged and still effective as written.   

Section 4. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance. 

Section 5. Conflicting Ordinances. All prior existing ordinances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed. 

Section 6. Readings. This Ordinance shall be given a first reading on June 6, 2022, shall be enacted on June 20, 2022, and shall be published on or before June 27, 2022, and shall be effective June 28, 2022.

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 20th day of June, 2022.

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