For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
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 past and 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM ("MS4")
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by City of North Wildwood or other public body and is designed and
used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designated
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, and all springs, streams and
bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster shall ensure that such container or
dumpster is covered at all times in such a manner so as to prevent
refuse from spilling out or overflowing. Any person who owns, leases
or otherwise uses a refuse container or dumpster shall ensure that
such container or dumpster does not leak or otherwise discharge liquids,
semi-liquids or solids to the municipal separate storm sewer system(s)
operated by the City of North Wildwood or by any other public body.
The following shall constitute exceptions to the prohibited
conduct that is described in the preceding section:
A. Permitted temporary demolition containers.
B. Litter receptacles (other than dumpsters or other bulk containers).
C. Individual homeowner trash and recycling containers.
D. Refuse containers at facilities authorized to discharge stormwater
under a valid New Jersey pollutant discharge elimination system permit.
E. Large bulky items (e.g., furniture, bound carpet and padding, and
white goods placed curbside for pickup).
This article shall be enforced by the Division of Code Enforcement
or by any other municipal employee or official having authority to
enforce the ordinances of the City of North Wildwood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person(s) who is (are) found to be in violation of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine not to exceed $2,000, imprisonment for not more than 90 days,
or community service for not more than 90 days, or any combination
thereof. Each day that a violation continues shall constitute a separate
offense.