WHEREAS, the Mayor and Borough Council of the Borough of Audubon Park has deemed it in the best interest of the public health, safety and welfare to containerize yard waste.

NOW THEREFORE, be it Ordained by the Mayor and Borough Council of the Borough of Audubon Park, County of Camden, State of New Jersey, as follows:

SECTION I. Purpose: An ordinance to establish requirements for the proper handling of yard waste in Audubon Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION II. Definitions: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

a. Containerized – means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

b. Person – any individual, corporation, company partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. Street – means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

d. Yard Waste – means leaves and grass clippings.

SECTION III. Prohibited Conduct:

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

SECTION IV. Exemptions:

This Ordinance shall not apply with regard to loose leaf and grass clipping collections undertaken by the Borough of Audubon Park or the Audubon Park Mutual Housing Corporation.

SECTION V. Enforcement:

The provisions of this Ordinance shall be enforced by the Audubon Police Department and/or Municipal Officials of Audubon Park.

SECTION VI. Violations and Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $500.00.

SECTION VII. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

SECTION VIII. Effective date:

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

SECTION VIIII:

All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION X:

If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Ordinance.

SECTION XI:

This Ordinance shall take effect immediately upon final passage and publication in accordance with law.

________________________________

LAWRENCE E. PENNOCK, MAYOR

_______________________________

DAWN PENNOCK
DEPUTY MUNICIPAL CLERK

Introduced: November 5, 2007

Adopted: , 2007

Certified to be a true copy of an Ordinance adopted by the Mayor and Borough Council of the Borough of Audubon Park at a regular scheduled meeting on ___________, 2007, at the Audubon Park Borough Hall.

_______________________________

DAWN PENNOCK
DEPUTY MUNICIPAL CLERK

Dated: