[Adopted 10-10-2012 by Ord. No. 69-2012]
This article requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharging of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the City of Atlantic City and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings as defined below unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the City of Atlantic City.
The following are exceptions to the requirements of this article:
A. 
Permitted temporary watertight demolition containers;
B. 
Litter receptacles (other than dumpsters or other bulk containers);
C. 
Individual homeowner recycling containers;
D. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit; and
E. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This article shall be enforced by the Atlantic City Police Department and Department of Code Enforcement.
Any person(s) who continues to be in violation of the provisions of this article, after being duly notified and permitted a thirty-day period to cure the violation, shall be subject to the penalties referenced in § 163-9B of the Land Development Ordinance of the City of Atlantic City entitled "Enforcement and penalties." Each refuse container which is not covered as required herein shall be considered a separate offense.
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this article.
This article shall be in full force and effect from and after its adoption and any publication as may be required by law.