[Adopted 2-19-1997 by Ord. No. 97-1]
As used in this chapter, the following terms
shall have the meanings indicated:
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
A written record, log, bill or document evidencing receipt
of service for the collection of solid waste for the preceding month
from a person lawfully engaging in private solid waste collection
services within a municipality.
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
and any such materials designated as recyclable by the Borough of
Seaside Heights.
A space allocated for collection and storage of source separated
recyclable materials.
The scheduled pickup and removal of solid waste from residential,
commercial or institutional premises located within the boundaries
of any municipality at least once a week.
Garbage, refuse, recyclable materials and other discarded
materials resulting from industrial, commercial, domestic and community
activities which must be disposed of.
The activity related to pickup and transportation of solid
waste from its source or location to a solid waste facility or other
destination.
The storage, treatment, utilization, processing, or final
disposal of solid waste.
The plants, structures and other real and personal property
acquired, constructed or operated or to be acquired, constructed or
operated by any person pursuant to the provisions of this or any other
act, including transfer stations, incinerators, resource recovery
facilities, sanitary landfill facilities or other plants for the disposal
of solid waste, and all vehicles, equipment and other real and personal
property and rights therein and appurtenances necessary or useful
and convenient for the collection or disposal of solid waste in a
sanitary manner.
The borough shall provide regular solid waste
collection service to all properties within the borough, subject to
the rules and regulations adopted by the governing body. Said rules
and regulations shall include, but not be limited to, pickup schedules,
designation of recyclable materials and the manner in which all solid
waste must be prepared for collection.
The rules and regulations for the collection
of solid waste shall be adopted by resolution of the governing body.
Said rules and regulations shall remain in effect until a subsequent
set of rules and regulations have been adopted by resolution.
All persons, firms, corporations or other entities
responsible for the generation of solid waste shall be responsible
to comply with the rules and regulations of solid waste collection.
Failure to comply shall result in a violation of this chapter. All
such rules and regulations shall be available to residents of the
borough during regular business hours in the office of the Borough
Clerk.
A.
Any property owner or business that opts not to have
the borough collect its solid waste, shall enter into a contract for
regular solid waste collection service with any person lawfully providing
private solid waste collection services within the borough and shall
notify the Borough Clerk, in writing, of same within 30 days. Any
such person, firm, corporation or other entity may be required by
the borough to provide proof of collection service to ensure that
all solid waste is being disposed of properly.
[Amended 3-17-1999 by Ord. No. 99-7; 4-16-2014 by Ord. No. 14-10]
A.
It shall be the responsibility of the owner of a multiple-dwelling
or commercial establishment to provide a sufficient number of solid
waste containers for the deposit of nonrecyclable waste material to
be disposed of as solid waste and a sufficient number of containers
for the deposit of recyclable materials.
B.
All food establishments located upon or adjoining the Seaside Heights
boardwalk will provide their own public trash cans in front of their
businesses. The number of said cans shall be a minimum of one can
for the first 15 feet of frontage adjoining the boardwalk and one
additional can for each additional 15 feet, or portion thereof, of
the establishment adjoining the boardwalk. Said can shall be a minimum
of 25 gallons and a maximum of 55 gallons.
C.
Garbage cans and/or receptacles of any type must be kept in good
repair and in a clean and sanitary condition.
D.
Any dumpster kept on a property for garbage disposal shall be no
larger than four cubic yards. If a dumpster is kept on a property,
it must have a watertight lid which shall be in use at all times and
the dumpster shall be maintained in such condition that such lid can
be fully closed. If a dumpster is kept on a property it shall be shielded
from public view. Privacy shielding of any dumpster shall be done
with opaque fencing or other appropriate building material.
E.
Solid waste must be put out, in preparation for pickup and transportation
by the Borough of Seaside Heights, in trash bags contained in trash
cans with lids or covers that do not exceed 35 gallons. Notwithstanding
this requirement, the Borough Administrator and Department of Public
Works may approve a different trash collection plan with businesses
in the Resort Recreational Zone and Resort Recreational District A
Zone for the period between May 1 and September 30 each year.
[Added 8-1-2018 by Ord.
No. 2018-13]
The Code Enforcement Officer, Police Department
or any other official so designated by the Mayor and Borough Council
are hereby designated to enforce the provisions of this chapter.
A.
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor
or outdoor recycling area for the collection and storage of residentially-generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the district
recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102
(N.J.S.A. 13:1E-99.13), and any applicable requirements of the municipal
master plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.16.
B.
The recycling area shall be conveniently located for
the residential disposition of source separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well lit, and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recycling materials, bins or containers.
D.
The recycling area, or the bins or containers placed
therein, shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard, and which are located in an outdoor
recycling area, shall be equipped with a lid, or otherwise covered,
so as to keep the paper or cardboard dry.
Signs clearly identifying the recycling area
and the materials accepted therein shall be posted adjacent to all
points of access to the recycling area. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
A.
Any person violating or failing to comply with any
other provision of this article shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $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 continuation 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.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
