Council Delays Action on Leaf Collection Fines

RUTHERFORD, N.J. – Under fire from residents and landscapers, the town council tabled an amendment to a leaf-cleaning ordinance that would have increased fines for landscapers who blow leaves into the streets.

At Tuesday's meeting, the council voted 5 to 0 to take no action on the ordinance until January, after the leaf-cleaning season is over.

The council had planned to increase fines from $25, $50 and $100 for the first, second and third offenses to $100, $250 and $500. The increase was meant to tackle the problem of landscapers who bring leaves from other municipalities. Some council members believe this is prevalent because piles of leaves mysteriously appear in places public works crews had already cleaned.

Although the rule against landscapers blowing leaves into streets has been on the books since 1991, it never has been strictly enforced. Homeowners who do their own landscaping are allowed to blow their leaves on the street from Sept. 1 to Dec. 31.

On Tuesday, several residents stood up to complain that the ordinance unfairly penalizes residents like senior citizens on fixed incomes who need to hire landscapers but can not pay to transfer the leaves to a composting facility.

Theodore VanWinkle, 77, a former municipal judge, questioned the constitutionality of the ordinance "because it discriminates against the old, infirm, and handicapped."

"We heard from our residents what a hardship that it would be for many of our seniors and others," said Councilman George Fecanin in a public statement before the Tuesday meeting. "For that reason I will move this evening to table this ordinance so that further discussion may take place to address the issue of the best possible leaf collection program."

But when the council reviews the ordinance in January, it will have to comply with a new state regulation that prohibits all homeowners from leaving loose piles of leaves in the street for longer than seven days, beginning Oct. 1, 2005. This is part of the state's effort to curb leaf pile-ups that can clog storm drains, pollute waterways, and flood streets.

Brian Phiefer, president of the New Jersey Landscape Contractors Association, says the state regulation is impractical.

"The premise for the whole idea is fine, as far as preserving the water quality in the state," he said. "but in reality it's going to put a lot of undue stress on homeowners and landscapers."

Fecanin said that he and the rest of the council were aware of the impending state regulation when they had initially planned to amend the leaf cleanup ordinance.

"To tell you the truth, it was in the back of our minds," said Fecanin. "But we don't want to force the residents to do anything until we have to. This gives us time to figure this out."