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BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY ORDINANCE #3- 09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND AND SUPPLEMENT CHAPTER 183, SOLID WASTE, OF THE CODE OF THE BOROUGH OF MENDHAM WITH THE ADDITION OF ARTICLE II, CURBSIDE COLLECTION OF BRUSH BE IT ORDAINED SECTION 1 Article II, Curbside Collection of Brush, to read as follows: . Chapter 183, Solid Waste, of the Code of the Borough of Mendham, is hereby amended and supplemented with the addition of ARTICLE II CURBSIDE COLLECTION OF BRUSH § 183-14. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given hereafter. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary. BRUSH Branches, tree limbs, tree trunks, woody plants and other similar vegetative material. In no event shall brush be larger than 6" in diameter. For purposes of this article, leaves and grass do not constitute brush. § 183-15. Collection of brush. A. Provided that special arrangements have first been made in advance with the Borough of Mendham Department of Public Works, brush, including but not limited to, all branches, bulky tree limbs and tree trunks will be collected by the Borough throughout the year, B. weather permitting, if deposited at the street curb, if one exists. However, if a curb does not exist, the brush shall be deposited near the street pavement but not on the street pavement itself. In no event shall the brush be placed closer than 10 feet from any storm drain inlet. In the event that the property configuration does not provide for a suitable location to place brush for pick up, the Department of Public Works Superintendent may designate a placement of the brush close to the property line as possible. Further, the property owner shall authorize access to the property for pick-up. C. This article shall not apply to independent contractors working on or at a Borough resident’s property. The Borough will not pick up brush set at the curb by such contractor. Any contractor working in the Borough must remove all brush and tree parts without obligating the Borough. § 183-16. Time for deposit of brush at curbside. All brush must be placed at the curb in reasonable piles or bundles prior to the scheduled collection day but in no event shall the brush be placed curbside more than seven (7) days prior to a scheduled and/or announced collection by the Borough. § 183-17. Enforcement. The provisions of this article shall be enforced by the Superintendent of Public Works of the Borough of Mendham and/or person(s) designated by the Borough Council. § 183-18. Violations and penalties. Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500. SECTION 2. All Ordinances of the Borough of Mendham, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency. SECTION 3 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 4 . This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law. SECTION 5 . This Ordinance may be renumbered for codification purposes. Introduced: April 6, 2009 Public Hearing: May 4, 2009 DATED: May 4, 2009 Neil J. Henry, Mayor ATTEST: ____________________________ Maureen Massey, RMC, CMC Borough Clerk .
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