[Adopted 8-10-2009 by Ord. No. 09-07]
As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL USE
An activity involving the sale of goods or services carried
out for profit.
COMMINGLED
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated of the purpose
of recycling.
ELECTRONIC WASTE
A computer central processing unit and associated hardware
including keyboards, modems, printers, scanners and fax machines;
a cathode-ray tube, a cathode-ray-tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
HOTEL
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as, or held out to be a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any hotel, motor hotel, motel, or established
guesthouse, which is commonly regarded as a hotel, motor hotel, motel
or established guesthouse, as the case may be, in the community in
which it is located; provided that this definition shall not be construed
to include any building or structure defined as a multiple dwelling
in this act, registered as a multiple dwelling with the Commissioner
of Community Affairs as hereinafter provided, and occupied or intended
to be occupied as such, nor shall this definition be construed to
include a rooming house or a boardinghouse as defined in the Rooming
and Boarding House Act of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1
et seq.), or except as otherwise set forth in P.L. 1987, c. 270 (N.J.S.A.
55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging
facility, as defined in this section.
MULTIFAMILY DWELLING
Any building or structure of complex buildings in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes (see N.J.S.A. 13:1E-99.13a) except hotels, motels, or guesthouses serving transient or seasonal guests as those terms are defined under Subsection (j) of §
3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Knowlton Township.
RECYCLABLE MATERIAL
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or product.
SOURCE SEPARATION
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
The collection of recyclable material shall be in the manner
prescribed as follows:
A. All containers containing recyclable materials shall be placed, prior
to collection, between the curb and the sidewalk, or in the absence
of curb and sidewalk, as near to the street as not to constitute a
danger, where such receptacles shall be readily accessible to the
collector without providing obstruction to pedestrians. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition.
B. All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the Municipality of Knowlton Township.
The municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
code enforcement officer, the Police Department, and the Warren County
Department of Health are hereby individually and severally empowered
to enforce the provisions of this article. An inspection may consist
of sorting through containers and opening of solid waste bags to detect,
by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this article or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offence. Fines levied and collected pursuant to the provisions
of this article shall be immediately deposited into the Municipal
Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling
Trust Fund shall be used for the expenses of the municipal recycling
program including enforcement and education.
In the event that it is determined, by a court of competent
jurisdiction, that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately, unless otherwise provided by resolution
of the governing body.