Borough of Middlesex, NJ
Middlesex County
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[Adopted 6-25-1947 by Ord. No. 154, effective 7-1-1947]

§ 351-1 Provision for removal of garbage; cost.

[Amended 4-13-2010 by Ord. No. 1758]
The Council of the Borough of Middlesex may provide for the collection, removal and disposal of ashes, garbage, rubbish and other refuse matter in such manner as it deems necessary and establish such reasonable rules and regulations in conformity with the provisions of this article as circumstances may require, and all costs in connection therewith and incidental thereto shall be paid by general taxation.
A. 
Solid waste. All nonresidential uses in the Borough shall assume full responsibility for adequate collection, recycling and disposal of refuse. No junk or solid waste shall be permitted to accumulate on the property.
B. 
All nonresidential uses shall provide the Borough with proof of collection service on an annual basis, to be received by the Borough no later than January 31 of each calendar year, or within seven days of a written request from the Borough.

§ 351-2 Definitions and word usage.

A. 
For the purpose of this article, the following words and terms shall be deemed to have the meanings herein given to them:
ASHES
Burned fuel of every nature and description derived from any burning process.
GARBAGE
Waste or decayed animal and/or vegetable matter that has been used as food or was intended to be used as food and the waste therefrom, and dead animal or plant life or parts of the same.
OCCUPANT
An occupant, owner, agent, tenant, lessee, caretaker or other person or corporation in charge of the dwelling or other premises affected by this article.
PERSON
Any person, partnership, corporation or association of persons.
PROOF OF COLLECTION SERVICE
A written record, log, bill, or document(s) evidencing receipt of service for collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services with the Borough of Middlesex.
[Added 4-13-2010 by Ord. No. 1758]
REFUSE
Garbage, ashes and rubbish as herein separately defined.
RUBBISH
All broken crockery, glassware, furniture, household receptacles and utensils, house sweepings, bottles, tin cans, lawn cuttings, hedge trimmings, garden growth, old clothing and all discarded and waste material of every nature and description not elsewhere herein defined, including paper, cardboard or containers made of either paper or cardboard; provided, however, that all paper or cardboard must be separated from other rubbish material and must be secured in packages to permit easy handling and prevent the contents of the same from being scattered.
B. 
The singular shall include the plural, and the plural, the singular; the masculine shall include the feminine or neuter; and the words "and" and "or" shall be interpreted to apply interchangeably for the greatest effectiveness of this article.

§ 351-3 Nonapplicability.

This article shall not apply to any collection of earth, stone, plaster, wood or other material from excavating or from constructing, altering or repairing any building.

§ 351-4 Placement of garbage in suitable receptacles.

The occupant of any building or premises covered by the terms of this article shall place, keep and make readily accessible for collection and removal of garbage, ashes and rubbish suitable receptacles, such as may be specified in rules and regulations to be adopted by the Mayor and Council of the Borough of Middlesex pertaining to the subject matter of this article.

§ 351-5 Removal.

[Amended 8-8-1967 by Ord. No. 467]
All occupants or users of buildings which are furnished garbage and refuse service by the Borough of Middlesex shall be obliged to provide and use garbage and refuse containers of such kind and in such manner as may be provided by regulations which the Mayor and Council of the Borough of Middlesex may adopt by resolution.

§ 351-6 Household appliances.

[Added 12-12-1989 by Ord. No. 1155]
Household appliances, i.e., stoves, dryers, refrigerators, freezers, hot-water tanks and dishwashers, shall no longer be picked up as part of bulk pickup. Every effort should be made on the part of the resident to purchase only from companies that take the old unit. These items will be picked up by the Borough by appointment only from the Department of Public Works, effective January 1, 1989.

§ 351-7 Accessibility.

All refuse receptacles to be collected by the municipality must be kept or placed, before the collector calls, where they will be readily accessible to him at the curb adjoining the street, and the same shall be sufficiently protected from the weather to prevent freezing fast in place. The occupant must keep all receptacles clean and in condition for safe handling.

§ 351-8 Depositing of garbage in streets, vacant lots, etc., prohibited.

No person shall throw, lay, deposit or leave or cause to be thrown, laid, deposited or left in or upon any vacant lot or open space, street, avenue, alley, highway, sidewalk, parking space or lot any garbage, ashes, rubbish or substances of a like nature in any manner contrary to the provisions of this article; provided, however, that nothing herein contained shall prevent the accumulation of any compost or manure for fertilization of the soil in cases where the same shall be stored, kept or placed in conformity with local and state health regulations and so that the same will not become a nuisance to any person or persons living within the area where such compost or manure is kept or maintained; and provided, further, that all such accumulation must be kept at least 100 feet from any dwelling house or store owned by another occupant.

§ 351-9 Licenses and permits.

[Amended 5-6-1959 by Ord. No. 300]
A. 
No person shall engage in or conduct the business of collecting ashes, garbage, rubbish or refuse of any nature or description within the Borough of Middlesex until such person shall have first obtained from the Borough of Middlesex a license for that purpose. Such license, when issued, shall remain in force and effect until the first day of January of the year succeeding the date of its issuance. All licenses issued hereunder shall be first authorized by the Mayor and Council by resolution and issued by the Borough Clerk on forms to be provided for that purpose.
B. 
The fee for such license shall be $600 per annum and shall entitle the licensee to collect refuse and waste matter from any premises within the Borough of Middlesex and to dump said refuse and waste matter upon the dumping grounds located in the Borough of Middlesex and under the supervision of said municipality, provided, however, that no refuse or other waste matter collected outside the limits of the Borough of Middlesex shall be taken to said dumping ground.
[Amended 1-28-1969 by Ord. No. 501]
C. 
In addition to the collector's license, described hereinabove, permits to use the aforesaid dumping ground may be authorized by the Mayor and Council, and shall be issued by the Borough Clerk on the following basis:
(1) 
For dumping refuse and waste material originating on the premises of the applicant, $300 per annum, or $25 per month or fraction thereof, or $20 per conveyance load.
[Amended 1-28-1969 by Ord. No. 501]
(2) 
For dumping waste material accumulated by landscapers, tree surgeons, gardeners and building contractors by reason of their operation within the Borough limits, $300 per annum, or $25 per month or fraction thereof, or $20 per conveyance load.
[Amended 1-28-1969 by Ord. No. 501]
D. 
All persons having a collector's license or permit, as described above, may use said dumping ground daily during the hours from 8:00 a.m. to 2:00 p.m. except Sunday during the summer schedule and Saturday and Sunday during the winter schedule, subject to such changes as may be adopted by resolution by the Mayor and Council for the operation of said dumping ground; and provided that any use of the said dumping ground shall be in accordance with the directions which may be issued by any supervisory personnel employed by the governing body to administer said dumping ground.
E. 
All licenses and permits granted hereunder shall be in full force and effect during the period covered by the payment of said fees, except that the governing body shall be authorized to revoke, without return of fee, the license or permit of any person violating the rules and regulations adopted by the Mayor and Council for the governing of the said dumping ground, or for the violation of any ordinances of the Board of Health of the Borough of Middlesex, or health laws of this state relating to the collection, removal and disposal of waste material.

§ 351-10 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction therefor, forfeit and pay a fine of not exceeding $200 or be imprisoned in the county jail for not exceeding 90 days, and the Magistrate of the Borough of Middlesex, before whom any such person shall be brought, may impose such punishment by fine or imprisonment in the county jail, or both, as he may see fit, not exceeding the maximum established herein.

§ 351-11 Disposal buildings.

The disposal buildings may be erected and equipped with all appliances necessary for the cremation, destruction or other disposal of garbage or refuse matter, said buildings to be erected either on lands owned by the Borough of Middlesex and suitable for the purposes aforesaid, or on lands to be acquired by the Borough of Middlesex by purchase, gift or condemnation.

§ 351-12 Purchase, maintenance and sale of equipment.

The Borough of Middlesex may purchase, maintain and operate the necessary equipment for the collection and removal of garbage, ashes and other refuse matter, and to sell and otherwise dispose of all unnecessary and used equipment from time to time.

§ 351-13 Contracts.

If in the opinion of the Borough Council, it is more advantageous for the Borough of Middlesex to have the ashes, garbage and other refuse matter or any part thereof in the Borough of Middlesex, collected, removed and disposed of by any person or persons other than employees of the Borough of Middlesex, the Council may make a contract or contracts for such work, or any portion thereof, with any individual or individuals, corporation or corporations, municipality or municipalities, in accordance with specifications to be adopted for the doing of such work in a sanitary and inoffensive manner, which specifications may provide for alternative methods of doing said work and are to be filed in the office of the Clerk of the Borough of Middlesex.

§ 351-14 Bids.

Said contract or contracts shall be entered into and made only after bids therefor shall have been advertised for in a newspaper and circulated in the Borough of Middlesex at least 15 days prior thereto, and the Mayor and Council shall have the right to reject any and all bids. All bidders shall give satisfactory bonds or security for the faithful performance of the work.

§ 351-15 Supervision.

The collection, removal and disposal of garbage, ashes, rubbish and refuse matter shall be supervised by the Sanitation Committee of Borough Council, which shall have power to make, amend and repeal regulations for the conduct of work.

§ 351-16 Power of Mayor and Council.

The Mayor and Council of the Borough of Middlesex shall have power at any time hereafter to adopt by resolution, rules and regulations pertaining to the subject matter of this article and by resolution have the power at any time hereafter to revise, modify, vacate or repeal any of the provisions of the within article.