[Adopted 2-19-1997 by Ord. No. 97-1]
As used in this chapter, the following terms shall have the meanings indicated:
- MULTIFAMILY HOUSING DEVELOPMENT
- 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.
- PROOF OF COLLECTION SERVICE
- 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.
- RECYCLABLE MATERIALS
- 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.
- RECYCLING AREA
- A space allocated for collection and storage of source separated recyclable materials.
- REGULAR SOLID WASTE COLLECTION SERVICE
- 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.
- SOLID WASTE
- Garbage, refuse, recyclable materials and other discarded materials resulting from industrial, commercial, domestic and community activities which must be disposed of.
- SOLID WASTE COLLECTION
- The activity related to pickup and transportation of solid waste from its source or location to a solid waste facility or other destination.
- SOLID WASTE DISPOSAL
- The storage, treatment, utilization, processing, or final disposal of solid waste.
- SOLID WASTE FACILITIES
- 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.
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]
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.
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.
Garbage cans and/or receptacles of any type must be kept in good repair and in a clean and sanitary condition.
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.
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.
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.
Editor's Note: See N.J.S.A. 13:1E-99.16.
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.
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.
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.
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.
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.