Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Removal of brush, grass and weeds — See Ch. 68.
Radioactive waste — See Ch. 161.
Recycled product procurement policy — See Ch. 165.
Recycling — See Ch. 166.
Solid waste — See Ch. 184.
[Adopted 1-31-1989 by Ord. No. 89-11]

§ 167-1 Compliance required.

[Amended 11-16-2004 by Ord. No. 2004-92]
It shall be unlawful for the occupant of any dwelling house, store or other building to place or cause or suffer to be placed upon any street, sidewalk, gutter, areaway or public place any garbage, rubbish, ash and recyclable materials except in compliance with the provisions of this chapter and Chapter 166, as applicable.

§ 167-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ASH
The residue from the burning of coal or other fuel and shall include accumulations of dirt or floor sweepings made up mostly of noncombustible materials.
GARBAGE
The refuse of animal or vegetative matter; noncombustible debris composed of natural or man-made materials; unwanted trash.
[Amended 2-21-1989 by Ord. No. 89-17]
RECYCLABLE MATERIAL(S)
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. This term is intended to have the same meaning as utilized within Chapter 166 of the Township Code.
[Added 11-16-2004 by Ord. No. 2004-92]
RUBBISH
Combustible debris, such as paper, cardboard, rags, mattresses, discarded wearing apparel, furniture, carpets, rubber and refuse.

§ 167-3 Rules and regulations.

[Added 2-21-1989 by Ord. No. 89-17; 10-3-1989 by Ord. No. 89-62; amended 10-1-1996 by Ord. No. 96-66; 8-5-1997 by Ord. No. 97-61; 9-17-2002 by Ord. No. 2002-77; 11-16-2004 by Ord. No. 2004-92]
The following regulations shall govern the collection and removal of garbage, rubbish, ash and recyclable materials:
A. 
The occupant of any dwelling house or other residential building shall place the materials described in this chapter for collection in an appropriate place on the curb in front of such dwelling house, store or other building, after separation in appropriate separate containers. The owner of the said dwelling house or other residential building shall be jointly and concurrently responsible for the compliance with the terms of this chapter by all occupants of the same.
B. 
The receptacles herein required, together with their contents, shall be of such weight and design as to be conveniently handled by one person, and the receptacles and contents shall not weigh more than 50 pounds.
C. 
No person shall place the receptacles containing any materials described in this chapter for collection prior to 5:00 p.m., local time, 48 hours prior to the day said materials are to be collected in his particular district.
]
D. 
In those areas designated for the use of the automated trash containers, all garbage and rubbish must be placed in the automated trash containers either as provided by or approved by the Township. In all other areas, garbage and rubbish must be placed in a watertight metal or plastic container with a lid to properly fit said container or a pliable paper container which can be sealed and which has been approved by the Superintendent of Public Works so as to prevent the garbage and rubbish from being distributed over the surface of any street, byway or public place and to prevent the scattering of the same by birds, other animals, wind or other elements. No garbage and rubbish shall be placed out for collection in plastic bags.
E. 
It shall be unlawful for any person to dump garbage, rubbish, ash or recyclable materials upon any public property of the Township or to trespass upon the property of another and deposit said materials thereon.
F. 
No person shall break into any container of garbage, rubbish, ash or recyclable materials that may be found upon the streets or sidewalks of the Township, nor shall any owner or occupant permit the same to occur with regard to such garbage, rubbish, ash or recyclable materials placed at or near the curb for collection.
G. 
No garbage, rubbish, ash or recyclable materials shall be collected by the Township from any manufacturing, commercial office or other business establishment.
H. 
The occupant of any residential dwelling or other residential building shall remove all containers for garbage, rubbish, ash or recyclable materials from the street or curbline by 10:00 a.m., local time, of the day after the Township has collected the garbage, rubbish, ash or recyclable materials from the containers. The containers may be stored near the curbline, provided that they are placed in an enclosed storage area which shields the containers from public view. Said storage areas must be constructed in accordance with specifications prepared by, and in the location specified by, the Superintendent of Public Works. It is imperative that the storage areas are constructed in accordance with the Township's specifications so as not to interfere with the arm of the automated trash truck that picks up the containers. The Township does not want to encourage the storage of containers in a storage area; the preference of the Township shall be for the homeowner to remove all containers from the street or curbline. The utilization of storage areas shall be considered a last resort and shall only be permitted for the situations described herein. Said storage areas may only be constructed by those occupants who are unable to remove the containers within the time constraints set forth in this subsection. Inability to remove containers shall be based upon extraordinary circumstances that shall be determined on a case-by-case basis and that shall include, but not be limited to, such circumstances as physical incapabilities or part-time residency. It shall be the responsibility of the Superintendent of Public Works to register and approve all requests for consideration of a storage area. In the event that a storage area is utilized, both garbage and recycling containers must be stored in the same storage area.
I. 
The Superintendent of Public Works is hereby authorized to monitor all aspects related to the storage areas and issue an annual summary of same to the Township Administrator by January 15 of each year.

§ 167-4 Fees for automatic trash and recycling containers.

[Added 11-1-1994 by Ord. No. 94-98; amended 5-18-2004 by Ord. No. 2004-39; 2-4-2008 by Ord. No. 2008-29; 9-1-2009 by Ord. No. 2009-45; 9-6-2011 by Ord. No. 2011-30]
A. 
The following fees and charges are hereby established for automated trash containers (charcoal gray containers):
(1) 
Ninety-six-gallon container: $60 each.
(2) 
Sixty-four-gallon container: $47 each.
(3) 
Thirty-eight-gallon container: $47 each.
B. 
The following fees and charges are hereby established for automated recycling containers (blue containers):
(1) 
Ninety-six-gallon container: $60.
(2) 
Sixty-four-gallon container: $47.
(3) 
Thirty-two-gallon container: $46.

§ 167-5 Days of collection.

The Superintendent of Public Works shall determine the days of the week when collections shall be made, and public notice shall be given to the Township residents.

§ 167-6 Violations and penalties.

[Amended 2-20-1990 by Ord. No. 90-12]
A. 
Fines.
(1) 
Any person violating any provision of this chapter for the first or second time may avoid a court appearance by pleading guilty and paying the following fine:
(a) 
First offense: $25.
(b) 
Second offense: $50.
(2) 
Any person charged with a third or subsequent offense shall be required to make a court appearance and be subject to the penalties set forth in § 167-6B.
B. 
Any person charged with a third or subsequent offense for violating any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days and or up to 90 days of community service, in the discretion of a court of competent jurisdiction. Each and every day that such violation shall continue shall be a further and separate offense under the terms of this chapter, subject to the penalties herein prescribed.
[Adopted 10-1-1996 by Ord. No. 96-65[1]]
[1]
Editor's Note: This ordinance also redesignated §§ 167-1 through 167-6 as Art. I, entitled "General Provisions."

§ 167-7 Collection.

Effective January 1, 1997, the Township shall not collect any construction debris generated by private contractors regardless of whether a private contractor or a homeowner files the Application for a permit. The Township shall continue to collect certain construction debris only from residents who undertake minor home improvement projects such as replacement of doors and windows or other similar projects. The Township shall not collect construction debris from large home improvement projects such as roof replacement, home additions, demolition of a structure, carpeting or cabinets; nor shall the Township collect drywall or gypsum wallboard which has not been properly placed in an automated container. Final discretion of whether the Township shall collect certain construction debris rests with the Superintendent of Public Works.

§ 167-8 Rules and regulations.

Construction debris generated by projects undertaken by a resident and eligible for Township collection shall be:
A. 
Limited to doors, windows, sheets of plywood and all other construction debris, except asbestos products and other hazardous materials, that is properly placed in an automated container. If said construction debris is not contained within an automated container, it must be placed at curbside in such a manner so as not to impede collection. In no event shall the Township collect dry wall or gypsum wallboard that is not properly placed in an automated container.
B. 
Source separated for collection.

§ 167-9 Enforcement.

[Amended 7-5-2005 by Ord. No. 2005-61]
The Superintendent of Public Works, as well as the Code Enforcement Officer, are hereby authorized to monitor the collection of construction debris on a yearly basis and issue a summary report to the Township Administrator by January 15th of each year. The Superintendent of Public Works, as well as the Code Enforcement Officer, is hereby authorized and directed to enforce the provisions of this article.

§ 167-10 Violations and penalties.

Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine not to exceed $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The combination of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.