Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Municipal Collection and Disposal, adopted 11-27-1973 by Ord. No. 1378 as Ch. 90, Art. I, of the 1973 Code, as amended.
From and after the effective date of this article, the following regulations shall control the preparation of refuse and garbage proposed to be collected by employees of this Township:
A. 
Tree trimmings, hedge clippings, building materials, carpets, fences and similar materials, but specifically excluding appliances replaced or delivered by an appliance dealer or any construction debris left by a contractor, may be left for collection only by the resident, provided that all such materials shall be cut to a length not to exceed four feet and securely tied in bundles not more than two feet thick and not to exceed 50 pounds in weight. Any and all such materials shall have all protruding objects, such as nails, removed or bent flat. All such materials shall be deposited just inside the curbline for collection. The Township shall not be responsible for the removal of household garbage, refuse or trash in excess of eight cubic yards per collection. Construction debris may be scheduled for extra collection by a resident, in an amount not to exceed two thirty-five-gallon containers per week.
[Amended 1-26-2010 by Ord. No. 4237-10]
B. 
Receptacles and robocans.
(1) 
Garbage and refuse shall be kept in acceptable watertight receptacles with tight-fitting covers, except as hereinafter provided. The receptacles shall be made out of metal, neoprene or vinyl, and each receptacle shall have two handles. Cracked or badly damaged receptacles are prohibited. Covers shall not be attached to the aforesaid receptacles by any means. Garbage and refuse may also be placed in watertight heavy-duty plastic bags, when properly sealed or tied. Heavy-duty plastic bags, when properly sealed or tied, may be placed in receptacles.
[Amended 5-25-2010 by Ord. No. 4265-10]
(2) 
In certain designated areas of the Township, residents shall be required to place all garbage and refuse in automated containers, hereinafter referred to as "robocans." Each single- or two-family residential dwelling existing at time of the adoption of this subsection shall be provided with one robocan per residential dwelling at no charge. For all new single-family or two-family dwellings, the developer or owner of said dwelling shall be required to pay a fee of $100 per robocan. Said fee shall be paid to the Township prior to the issuance of any certificate of occupancy for said residential unit.
(3) 
Two additional robocans, if available, may be purchased by the developer or owner for an additional fee of $100 per robocan.
[Amended 5-25-2010 by Ord. No. 4265-10]
(4) 
All sanitation robocans issued by the Township shall be gray in color and registered to the particular residential dwelling and shall remain the property of the Township and shall not be removed from the premises. The owner of the residential dwelling shall be required to maintain the assigned robocan(s) in good condition. Each owner shall be required to immediately report any theft, loss or damage to the Director of the Toms River Township Department of Public Works. In the event any robocan must be replaced, the owner shall pay a fee of $100 to replace the lost, stolen or damaged robocan.
[Amended 5-25-2010 by Ord. No. 4265-10]
(5) 
Sanitation robocans shall not contain any recyclable material, hazardous materials, building material, concrete or dirt.
[Amended 5-25-2010 by Ord. No. 4265-10]
C. 
All garbage, refuse and trash to be collected by the Township shall be placed in the sidewalk area near the curbline in receptacles as hereinafter described. Each receptacle shall not exceed 50 pounds in weight.
D. 
All garbage, refuse and trash shall be thoroughly and completely drained of all water.
[Amended 5-25-2010 by Ord. No. 4265-10]
E. 
All empty cartons and boxes shall be flattened and placed in receptacles as hereinabove described. Tying or bundling is prohibited.
[Amended 5-25-2010 by Ord. No. 4265-10]
F. 
All empty cartons and boxes shall be either flattened and tied or placed in receptacles as hereinabove described. Tied empty cartons and boxes shall not exceed three feet in length or two feet in thickness and shall further not exceed 20 pounds in weight.
G. 
Hedge cuttings, grass, leaves and similar material which have not been in contact with food or garbage shall either be placed in receptacles as hereinabove described or placed in watertight heavy-duty plastic bags.
H. 
(Reserved)
I. 
All broken glass shall be placed in a secure container in order to facilitate safe loading during the collection process. Sawdust or dust-producing material must be sealed in plastic bags. Ashes from heat-generating devices shall be placed in watertight, heavy-duty plastic bags for collection. All chemicals, including but not limited to gasoline, paint, motor oil, etc., must be disposed of in compliance with all applicable federal and local regulations. Chemical containers shall be disposed of pursuant to the applicable federal and/or state laws and the regulations promulgated thereunder. The Township of Toms River shall not accept fiber containers and/or drums for disposal unless and until the bottom and top of said containers and/or drums shall have been completely crushed. The Township of Toms River shall not accept any human or animal excrement for disposal under any circumstances.
J. 
Garbage shall not be mixed with or placed in the same container with any other refuse referred to in this article.
K. 
Each container of garbage shall be so staked or otherwise stabilized by the property owner, tenant or other person placing garbage for collection, or from whose property such garbage is proposed to be collected, that it does not upset or cannot be readily overturned, as by a dog or child.
L. 
If any container or bag of garbage is upset or overturned, other than by Township employees engaged in garbage and refuse collection, the property owner, tenant or other person placing garbage for municipal collection shall promptly clean up such spilled garbage and restore it to a watertight container or bag.
M. 
No person shall place any of the items referred to in § 442-4 of this article in any street or highway, either for municipal collection or other disposal.
N. 
If any container of garbage is upset or overturned by a Township employee, he or she shall immediately collect such garbage and dispose of the same in the municipal garbage truck.
O. 
If any Township employee observes the noncompliance with any of the regulations in Subsections A through L of this section, he or she shall immediately notify the Director or Deputy Director of Public Works. The Director or Deputy Director of Public Works shall take whatever action he or she deems necessary under the circumstances, including notifying the property owner in question of the noncompliance with the terms of this article or ordering the Township employees not to collect the garbage in question.
P. 
No garbage, recycling, refuse, or trash shall be placed near the curb for collection earlier than 5:00 a.m. on the regular collection date, except that garbage, recycling, refuse or trash contained in acceptable watertight receptacles described in Subsection B above may be placed near the curb after 7:00 p.m. of the day prior to the regular collection date scheduled by the Township. Garbage contained in heavy-duty plastic bags shall not be permitted to be placed near the curbside earlier than 5:00 a.m. of the day scheduled for garbage collection.
[Amended 6-9-2009 by Ord. No. 4205-09]
Q. 
All empty garbage cans and other receptacles as hereinabove described shall be removed from the curb by 9:00 p.m. on the same day as collection occurs.
R. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this article, or of any other of the regulations that may from time to time be promulgated, may be classified as rubbish and may be collected as such by the Township.
S. 
Collection.
(1) 
The Township of Toms River shall not collect garbage, refuse or trash from any commercial or industrial user.
(2) 
The Township shall not collect garbage, refuse or trash from any user where it is determined by either the Township Board of Health, the Ocean County Health Department or the Director or Deputy Director of the Department of Public Works that more frequent collections are required or where it is determined by the Township Board of Health or the Ocean County Health Department that the placing of such garbage, refuse or trash upon the sidewalk area near the curb for collection would be detrimental to the health, safety and welfare of the residents of Toms River Township.
T. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL USER
Stores, offices or other business-type activities which are operated for profit.
INDUSTRIAL USER
Factories, processing plants and any other manufacturing enterprises.
U. 
No refrigerators, air conditioners, condensing units or any other appliances which contain Freon as part of the refrigeration process may be brought to the Township's Recycling Center or left for collection as refuse and garbage unless, prior to being left for collection, all Freon has been removed from that appliance by a person or firm which has the appropriate training and experience in the removal of Freon from such appliance and who has certified, in writing, to the removal of the Freon from that appliance. Such certification must be presented with the appliance in question at the time of pickup.
If any one or more of the above regulations are not followed by the property owner, tenant or other person desiring municipal collection, the municipality shall not be obliged to make collection of the items, concerning which any one or more of the above regulations have not been followed. The decision as to whether or not to make collection is within the sole discretion of the Director or Deputy Director of Public Works. When any of the items named in or referred to in § 442-4 hereof are placed at or just inside the curbline, it shall be assumed that the same are so placed for municipal garbage and refuse collection and disposal.
The Director of Public Works or his or her representative is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of garbage, refuse and trash designated in § 442-4 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Township Council by adoption of a resolution implementing the same. The Director of Public Works or his or her representative is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
[Amended 2-22-2011 by Ord. No. 4303-11]
Any person convicted of violating any of the provisions of Article II (Municipal Collection and Disposal) shall be punishable by a fine of not less than $100 nor more than $1,000 for each offense. Each day for which a violation of this article occurs shall be considered a separate offense. The provisions of Article II, Chapter 442, of the Code of the Township of Toms River, New Jersey, shall be enforced by the Department of Police, the Department of Public Works, the Construction Code Inspectors, the Code Enforcement Officer, the Ocean County Health Department and any other officer or official duly authorized by the Board of Health to enforce the provisions of this chapter.