Frequently Cited Ordinances

The Montclair Division of Code Enforcement, Housing and Property Maintenance would like to remind the community of the codes we enforce.

Chapter 100 -- Brush, Grass and Weeds.
Dead and dying trees, stumps, roots, brush, weeds, obnoxious growths, garbage, trash and other types of debris may pose serious health and safety issues. Owners or tenants must ensure properties are well maintained and are free of trash or debris and that hedges, bushes, trees and other plant life are not overgrown or create sight triangle visibility issues.

Chapter 190 -- Housing.
Housing issues include maintenance, lack of heat or hot water and illegal occupancy concerns. With respect to property maintenance, section 190-17G ensures that all areas of a premises are kept clean and free of garbage and other safety hazards. It requires that lawns, hedges and bushes be kept trimmed and are not permitted to become overgrown and unsightly; fences must be kept in good repair.

Chapter 297 -- Streets and Sidewalks.
Ensuring sidewalks and aprons are in good repair and clear of all encumbrances is a year-round responsibility. Encumbrances include refuse/recycling containers, tree branches and other waste put out for collection; various sporting equipment such as portable goal posts and basketball hoops; low-hanging branches and overgrown hedges; and any other materials that may cause hazards to pedestrians.

Property owners are also responsible for the upkeep up of sidewalks and swales adjacent to their properties.

Chapter 292 -- Solid Waste.
The Township of Montclair strictly enforces Ordinance 292-5, which requires recyclable materials to be separated into two containers: MIXED PAPER goes in one container, and COMMINGLED metal, glass, plastic bottles and cans go in a separate container. This means that if you have not separated your recyclable materials into a Commingled container and a Mixed Paper container, your recycling will not be collected. If the resident continues to improperly separate recyclable materials, Code Enforcement will issue a warning, followed by a summons should non-compliance continue.

Garbage cans and bulky waste are to be put out for collections between the hours of 6:00 p.m. on the day preceding a scheduled collection and 6:00 a.m. on the scheduled collection day. (See 292-23 of the Township Code.)

Residents are reminded that garbage cans must be no more than 35 gallons in size and weigh no more than 50 lbs. Only 3 cans per household may be put out for collection. (See 292-21 of the Township Code.)

See the Commingled & Mixed Paper Recycling on the township website for information on items accepted for recycling.

For more information about the proper disposal of various items see the A to Z Disposal Guide on the Township website.

Chapter 217 -- Noise.
Montclair has a number of ordinances in place governing noise, including time constraints on construction activities and use of internal combustion engine leaf blowers. The Code Enforcement office responds to calls regarding the latter, while all other noise complaints should be directed to the Montclair Police Department (973-744-1234).

Below are additional ordinances residents and home owners need to be aware of.

Ordinance #292-23 (A) - refuse/bulky waste placed at the curb, early/late.

Ordinance #292-3 - sidewalks and gutters in front of businesses must be clean, and in orderly condition.

Ordinance #292-7 - recyclable materials mixed with solid waste. Recyclable materials should be cleaned before collection and placed loosely in a plastic or metal receptacle.

Ordinance #292-23 (B) - recyclable materials placed at the curb early/late.

Ordinance #292-23 (C) - household appliances (must schedule collection appointment with the Dept. of Community Services), with freon $10.00 charge.

Ordinance #292-23 (D) - tires left on curb (must be brought to the recycling yard (Dept. of Community Services) Fee: $2.00 off rim, and $5.00 on rim.

Ordinance #200-4 (B) - disposal of leaves by landscapers. All landscapers shall dispose of all leaves, cuttings, clippings, and other yard waste materials collected within the Township of Montclair in the manner directed by the Director of Community Services.

Ordinance #292-26 (A,B,C,D) - no leaves shall be deposited onto the street/roadway. Leaves placed curbside for collection (during designated collection periods) shall only be set out by utilizing biodegradable paper bags. Leaves placed in plastic bags will not be collected. (A summons will be issued if the violation is not corrected within three (3) days).

Ordinance #297-31, snow and ice removal must be removed within 12 hours of daylight after same falls.

Ordinance #190-17 (G), premise shall be clean and free from garbage and rubbish. Lawns, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown. Fences shall be kept in good repair.