[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1975-4 as Sec. 3-2 of the Revised General Ordinances]
[Amended by Ord. No. 1982-8; Ord. No. 1984-6]
It shall be and it is hereby declared to be unlawful for any person to place garbage, rubbish, newspapers and other waste materials of any kind and description on the sidewalks or curbs, or in the front of any buildings, for collection, at any time except at or after sunset on the day prior to the normal collection date as established from time to time by the Borough Council of the Borough of Wrightstown, unless there is an underground, fully covered receptacle or an above-ground covered dumpster provided for the temporary placing and storage of such garbage, waste material paper and rubbish. Trash receptacles shall be removed from the curb and sidewalk in front of the building no later than sunset of the day of collection and shall be stored in such a manner as to not be visible from the street fronting on the premises. Suitable trash container enclosures aesthetically designed may be utilized in those instances where trash receptacles may not be stored behind the premises and out of sight from the street fronting on the premises. Such trash enclosures, however, shall, wherever practical, be placed on the side of the property and not in the front.
[Amended by Ord. No. 1988-7]
It shall be unlawful for any person to litter the sidewalks and three feet of the gutter nearest the sidewalk in any part or section or street in the Borough. It shall be the duty of the user, occupier or owner of each property to keep the same clean and free from dirt and rubbish of every kind and description.
Garbage shall at all times be kept in metal or plastic cans with tight-fitting lids. The garbage placed therein shall be wrapped and securely tied or placed therein in plastic bags with the tops securely tied; provided, however, that garbage kept in dumpsters or in a utility building need not comply with this article prior to being placed outside for collection.
As used in this article, the following terms shall have the meanings indicated:
- All waste material, including paper and cartons; and, provided, further, that newspapers and cartons flattened and securely tied in bundles to prevent blowing about shall be deemed in compliance with this article whether or not placed in plastic bags or cans as provided above.
[Added by Ord. No. 1990-5; amended by Ord. No. 1990-12; 7-10-2002 by Ord. No. 2002-6]
The Borough of Wrightstown shall not collect garbage, trash and refuse of any kind from business or commercial establishments, from apartment complexes having five or more units in a single building or from rooming houses having five or more rooms. For business and commercial properties, it shall be the responsibility of the owner(s) and occupant(s) thereof to provide for private collection of garbage, trash and refuse and to comply with all applicable federal, state and Borough laws, rules and regulations regarding such collection. For apartment complexes of five or more units per building and rooming houses having five or more rooms, the owner(s) thereof shall be responsible for the collection of garbage, trash and refuse in accordance with their agreement with the Borough pursuant to N.J.S.A. 40:66-1.2 at seq. and all applicable federal, state and Borough laws, rules and regulations. For the purpose of this section, business and commercial shall be designated as any business or commercial operation having a mercantile license or by ordinance required to have a mercantile license.
[Adopted 10-12-2005 by Ord. No. 2005-9
Editor's Note: This ordinance also provided for the repeal of former Art. II, Recycling, adopted by Ord. No. 1988-1 (Sec. 3-14 of the Revised General Ordinances), as amended.
The Borough of Wrightstown finds that the reduction of the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of SWMA and the County Plan. The recycling of certain materials from the residential, commercial and institutional establishments in this municipality will reduce the need for landfills and conserve existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery, and conserve natural resources.
This article is adopted pursuant to Sections 6, 9 and 14 of P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1.
As used in this article, the following definitions shall apply:
- Empty food, beverage and aerosol containers of aluminum, tin, steel or a combination thereof, which formerly contained only nonhazardous substances or such other substances as have been approved for recycling by DSWM.
- All corrugated cardboard normally used for packing, mailing, shipping, or containerizing goods, merchandise or other material, but excluding plastic, foam, or wax-coated or soiled corrugated cardboard.
- Any person or other entity operating a business, trade, industry or other activity which is carried on for profit.
- Source-separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
- CONDOMINIUM COMPLEX
- Defined in accordance with N.J.S.A. 46:8B1 et seq.
- The County of Burlington, State of New Jersey.
- COUNTY PLAN
- The District Solid Waste Management Plan for Burlington County as approved by the New Jersey Department of Environmental Protection.
- DESIGNATED RECYCLABLE MATERIALS
- Those recyclable materials to be source-separated in this municipality, including but not limited to, antifreeze, cellular telephones, construction and demolition debris consisting of asphalt, concrete, and untreated wood waste, electronic waste, metal, glass, lead, acid batteries, fluorescent light bulbs and ballasts, leaves, motor oil, paper, plastic bottles, paperboard packaging, corrugated and other cardboard, newspaper, magazines, or high-grade office paper, rechargeable batteries, toner and printer cartridges and tires.
- DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
- The transportation, replacement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months, or for a period of time as mandated by law, of designated recyclable materials for all possible uses except for disposal of solid waste.
- The Burlington County Division of Solid Waste Management, its successors and assigns.
- ELECTRONIC WASTE
- Computer hard drives, monitors, keyboards, modems, printers, fax machines, VCRs and cell phones.
- All clear (flint), green and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs, and plate, window, laminated, wired or mirrored glass.
- Any person or other entity, either public or private, either for profit or nonprofit, who operates for educational, charitable or other public purpose.
- MOBILE HOME PARK
- Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.SA. 2A:18-61.7 et seq.
- MULTIFAMILY DWELLING
- Any building or structure or complex of buildings or structures in which five or more dwelling units are rented or leased or offered for rental or lease for residential purposes except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the Hotel and Multiple Dwelling Law, P.L. 119967, c. 76 (N.J.S.A. 55:13A-1 et seq).
- MUNICIPAL DROPOFF
- Any facility designed and operated by this municipality solely for the receiving and storing of source-separated, nonputrescible metal, glass, paper, plastic containers and cardboard.
- The Borough of Wrightstown located within the County of Burlington, State of New Jersey.
- All newspaper, high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeograph paper, duplication paper, magazines, paperback goods, school paper, catalogs, computer paper, telephone books, and similar cellulosic material, whether shredded or whole, but excluding wax paper, plastic or foil coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food contaminated paper, soiled paper and cardboard.
- PLASTIC BOTTLES
- All bottles that are labeled as made from polyethylene terapthalate (PET) and coded as #1 and high-density polyethylene terapthalate (HDPE) and coded as #2. Specifically excluded are bottles that formerly contained hazardous materials, including, but not limited to paint, motor oil, and pesticides.
- Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty, or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- RECYCLABLE MATERIAL
- A material which would otherwise become solid waste, which can be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
- Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
- RECYCLING DROPOFF
- Any facility designed and operated solely for the receiving and storing of source-separated, nonputrescible metal, glass, paper, plastic containers, and cardboard.
- Any human being residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
- SOLID WASTE
- Garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare, and feed such waste to swine on their own farms.
- SOURCE SEPARATE
- To separate recyclable materials from the solid waste stream at the point of waste generation.
- The New Jersey Solid Waste Management Act, as amended.
All other terms and phrases shall be as defined in SWMA, regulations promulgated thereunder and the County Plan, unless content clearly requires a different meaning.
There is hereby established a program (curbside program) for separate collection of paper, cardboard, glass and cans from all nonphysically disabled residents of the municipality. Designated recyclables for this curbside program established pursuant to this section shall consist of the following materials: paper, cardboard, glass, cans, plastic bottles and other recyclable materials as designated by the municipality at any time, 30 days after designation and publication of notice in a newspaper of general circulation.
Said curbside program shall not apply to any multifamily complex of 20 or more units, condominium complex of 20 or more units or mobile home park of 20 or more units, or to any commercial or institutional establishment unless approved by DSWM.
Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates to be publicly advertised by the municipality or county.
All residents of the municipality within the area serviced by the curbside program established pursuant to this section shall source separate all designated recyclables upon receiving notice from the municipality and shall place them at the side of the road fronting their residence in the manner designated by § 181-10 of this article and on the date specified for collection by the schedule published by municipality and/or county.
All recyclables placed at the roadside by residents for collection pursuant to the curbside program established pursuant to § 181-9 of this article shall be prepared for collection in accordance with the following:
Cardboard and paper shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.
Glass containers and plastic bottles shall have caps and lids removed.
Glass containers, cans and plastic bottles shall be rinsed free of contaminants.
Cans, glass containers and plastic bottles shall be placed in a recycling container, to be provided by the municipality. Plastic and/or paper garbage bags shall not be utilized as containers for cans, glass containers, and plastic bottles. No material shall be placed at the roadside earlier than the evening of the day preceding a scheduled collection day. Material must be placed at the roadside by 6:00 a.m. on the scheduled collection day.
There is hereby established a program (public dropoff program) for the source separation and delivery to a recycling dropoff of paper, cardboard, glass, cans and plastic bottles from all residents located in this municipality, with the exception of multifamily complexes, condominium complexes and mobile home parks.
Other recyclable materials may be designated by the municipality at any time, 30 days after said designation and publication of notice in a newspaper of general circulation.
There is hereby established a program (private dropoff program) for the source separation and delivery of designated recyclable materials to a recycling dropoff(s) including paper, cardboard, glass, cans and plastic bottles from all residents of multifamily complexes, condominium complexes and mobile home parks comprised of 20 or more units within this municipality.
The owner or manager of every multifamily complex, condominium complex and mobile home park within this municipality shall purchase recycling containers, construct and maintain, in a neat and sanitary condition, recycling dropoff(s) to receive all designated recyclables generated by residents of the complex or mobile home park pursuant to the guidelines of DSWM.
In cases where a condominium association exists, the condominium association shall be responsible for purchase of recycling containers and construction and maintenance in a neat and sanitary condition of the recycling dropoff(s) pursuant to the guidelines of DSWM.
The owner or manager of every apartment complex, condominium complex and mobile home who elects not to participate in the Burlington County Regional Recycling program shall arrange for the collection and recycling of all designated recyclables from said dropoff(s) at their expense.
The number and design of the recycling dropoff(s) required by this section for each multifamily complex, condominium complex, and mobile home park shall be consistent with guidelines provided by DSWM.
Other recyclable materials as designated by the municipality at any time 30 days after said designation and publication of notice in a newspaper of general circulation.
All persons generating municipal solid waste within this municipality through the operation of a commercial or institutional establishment shall source separate and arrange for the collection of all designated recyclables within 30 days of the effective date of this article.
Designated recyclables for the mandatory commercial and institutional source separation program shall consist of the following materials:
Antifreeze, batteries (lead, acid and rechargeable), paper, construction and demolition waste, fluorescent light bulbs and ballasts, electronic waste, glass, plastic bottles and cans including those generated at convenience stores, and leaves, motor oil, paper, toner and printer cartridges.
Other recyclable materials as designated by this municipality at any time 30 days after said designation and publication of notice of the designation in a newspaper of general circulation.
The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the individual(s) responsible for the provision of solid waste or recycling services including the provision or maintenance of litter receptacles located on the property of any commercial or institutional establishment generating designated recyclables.
The management individual(s) responsible for the provision of recycling services as herein defined shall submit to the Municipal Recycling Coordinator, by the first of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled. Documentation shall take the form of issued by the recycling service provider or end market to the generator of the recycled material. Weight slips or paid invoices must be maintained by the generator for inspection of requested by this municipality, county or state for a period to exceed five years.
Any solid waste or recycling service provider shall submit to the Municipal Recycling Coordinator, by the first of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled on forms as prescribed by the Office of Solid Waste Management.
It shall be unlawful for:
Any person, other than those persons authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling dropoff pursuant to this article;
Any person to violate, cause, or assist in the violation of any provision of this article or any provision of the County Plan concerning recycling;
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling dropoff;
Any person to hinder, obstruct, prevent or interfere with this municipality, the county, or any other authorized persons in the performance of any duty under this article or in the enforcement of this article.
Any solid waste collector, licensed by the State of New Jersey, to knowingly collect designated recyclable materials with solid waste.
Any person to offer to collect or knowingly collect designated recyclable materials in any manner except as source separated recyclable materials as defined herein.
This municipality or any other person collecting solid waste generated within this municipality shall refuse to collect solid waste from any person who has clearly failed to source separate recyclables designated under an applicable section of this article.
Notwithstanding anything herein to the contrary, any resident of the municipality may donate or sell any recyclable to any other person, whether operating for a profit or not for profit, provided, however, that the person receiving the recyclables shall not, under any circumstances, collect the donated or sold material from an established recycling collection route or from a recycling dropoff without prior written permission from this municipality for such collection. Permission for such collection shall not be given for any day other than a Saturday or Sunday and, in no case, shall such permission be given to collect recyclables from a recycling dropoff.
Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with N.J.S.A. 13:1E-29 and in force in the municipality on the effective date of this article.
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this article, unless such renewal or such contract shall confirm to the requirements of this article.
A Municipal Recycling Coordinator and/or the local Code Enforcement Official shall be appointed to serve by the municipality as the enforcement officer for this article.
Said Municipal Recycling Coordinator/Code Enforcement Officer shall be responsible, under the direction of the municipality, for the enforcement of all recycling requirements of this article.
In addition to the Municipal Recycling Coordinator or Code Enforcement Officer, the Burlington County Health Department and the Office of Waste Management are hereby appointed as enforcement officers for the enforcement of all recycling requirements of this article.
Enforcement of this article shall be commenced in the Superior Court or in the Municipal Court of the municipality, and penalty or fine shall be collected with costs in a summary civil proceeding.
Any penalties or fines collected in an enforcement action shall be paid to the municipality when such action is brought by the municipality. Any penalties or fines collected in an enforcement action shall be paid to the Treasurer of Burlington County when such action is brought by the Burlington County Health Department or the Office of Waste Management.
Any person who violates the provisions of this article shall, upon conviction thereof, in a proceeding before a court of competent jurisdiction, be subject to the following fines:
Residential recycling violation: a fine of not less than $25 and not more than $1,000.
Commercial or institutional violation: a fine of not less than $500 and not more than $1,000.
For any person who offers to collect recyclable in any manner except as prescribed within this article: a fine of not less than $1,000 and no more than $5,000.
For any solid waste or recycling service provider who fails to report as required within this article: a fine of not less than $500 and not more than $1,000.
Each continuing day of violation of this article shall constitute a separate offense.
In addition to any other remedy provided in this article, this municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 181-20 hereof.
The penalties and remedies prescribed by this article shall be deemed concurrent.
The existence, exercise or any remedy shall not prevent this municipality or the county from exercising any other remedy provided by this article or otherwise provided by law or equity.
The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in part material with SWMA and the Plan.
The provisions of this article are severable. If any provision of this article or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision of application of this article which can be given effect without the invalid provision or application of the article.