[2000 Code § 19-1; Ord. No. 2599]
As used in this section:
BULK REFUSE
also known as Type 13 bulky waste, shall mean all large items of solid waste and because of their size or weight requires handling other than normally used for municipal waste. Bulky waste includes, but is not limited to, such items as furniture, carpeting, and household odds and ends.
CODE ENFORCEMENT OFFICER
shall mean and include the Health Officer or his/her agent and/or the Chief of Police or his/her agent.
COMBUSTIBLE RUBBISH
shall mean and include rags, old clothes, leather, rubber, carpets, wood, excelsior, sawdust, tree branches, yard trimmings, furniture and other combustible solids not considered by the City to be of highly volatile or explosive nature.
CONSTRUCTION-DEMOLITION MATERIALS
shall mean and include any materials generated from the construction, alteration, construction and/or demolition of any structure or parts thereof, including but not limited to brick, wood, siding materials, roofing materials, concrete or cinder blocks, sheetrock, plaster, plumbing fixtures, electrical fixtures and mechanical fixtures.
GARBAGE
also known as type 10 municipal waste, shall mean residential, commercial and institutional solid waste generated within a community. It shall include all waste liquids and solids resulting from the handling, consumption, preparation and disposal of meat, fish, fowl, birds, offal and vegetables in any form. It shall include swill, kitchen refuse, animal or vegetable matter and offal, all decaying and decomposing substances, all dead dogs, cats, and other animals, and all other matter commonly known as "garbage."
LITTER
shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposits as herein prohibited, tends to create a danger to public health, safety and welfare.
NONCOMBUSTIBLE RUBBISH
shall mean and include metals, metal shavings, tin cans, glass, crockery and other similar materials, but not the wastes resulting from building construction or alterations work.
OFFICIAL
shall mean the Health Officer or his/her agent.
PAPER
shall mean and include newspapers, periodicals, cardboard and all other wastepaper.
PUBLIC PLACE
shall mean any and all streets, gutters, sidewalks, boulevards, alleys, or other public ways; any and all public parks, squares, spaces, grounds, and buildings; and any pond, lake or stream or other body of water within the City or its borders.
REFUSE
shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid, residential, commercial and/or industrial wastes.
TRASH
shall mean and include all rubbish, old or useless or worthless furniture, household effects and appliances, twigs, branches, leaves, ashes, cinders, junk, paper, cardboard, cartons, refuse, any useless or worthless object, and all other matter commonly known as "trash."
VEHICLES
shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
YARD WASTE
also known as Type 23 vegetative wastes, shall include, but is not limited to, tree limbs and branches less than three (3) inches in diameter, hedge clippings, shrubbery, plant and flower residue.
[2000 Code § 19-2.1; Ord. No. 2599; Ord. No. 2610; Ord. No. 3072; Ord. No. 3082]
a. 
Garbage and Trash. All garbage and trash may be mixed and shall be drained of all water, and placed in a proper receptacle as described hereafter.
b. 
Paper. When not placed in proper receptacles, paper shall be secured and properly tied into bundles or other packages in a manner to prevent any scattering while being handled by the contractor, while such bundles or packages are located on the curblines, berm or premises awaiting collection.
c. 
Yard Waste. No leaves or yard waste (as defined in subsection 19-1, Definitions) shall be placed loose in piles within the City Right of Way including but not limited to on the sidewalk, gutter or street where the same may be dispersed by wind, forces of nature, passersby or traffic, except in the following manner during the respective times:
1. 
Leaves piled loosely in distinctively separate piles from other yard waste, may be placed in the street along the gutter or grass strip for collection annually during the following time periods:
October 15th through December 31st and April 1st through May 15th
2. 
Yard waste either loosely piled or bundled, and leaves contained in paper bags made especially for the purposes of leaf disposal, may be placed at the street along the gutter or curbside for quarterly collection, no more than one week prior to the following dates:
March 31st, June 30th, September 30th and December 31st
(a) 
Loose yard waste and bagged leaves placed more than one week prior to said dates or during non-collection periods will not be collected and shall be subject to fine.
(b) 
Grass clippings (lawn clippings) shall never be placed in the street, gutter or curbside for collection whether loose, bagged or in containers for disposal. Grass clippings disposed of in this manner shall be subject to fine. Grass clippings should be mulched or composted within the site of origination. Grass clippings may also be disposed of at the Monmouth County Reclamation Facility, 3211 Shafto Rd, Tinton Falls, NJ 07753 — (732) 683-8686, for a nominal fee.
(c) 
Ornamental grasses (measuring in long lengths) shall be considered yard waste and shall be disposed of as such. Ornamental grasses are not considered grass clippings.
3. 
For further information or clarification, reference can be made to the City's Recycling Calendar or contact can be made to:
Department of Public Works
732-775-0900
4. 
All brush, branches or yard waste (excluding grass clippings and leaves) shall be considered rubbish and shall be placed in suitable receptacles and disposed of in the same manner as provided hereafter.
d. 
Receptacles.
1. 
The owner, tenant, occupant or operator of every dwelling, multiple dwelling, hotel, rooming house, store, motel, business building, market, restaurant, or other premises in the City, where garbage, waste and combustible rubbish, noncombustible rubbish, combustible trade waste and noncombustible trade waste shall accumulate, must provide and keep on such premises sufficient and suitable metal or plastic receptacles, cans or barrels, with covers for all of the same, for receiving and holding the aforesaid materials.
2. 
All receptacles and containers, as well as bundles used for the purpose described in this section shall be at all times of such size and weight as can easily be handled by one (1) man, and in no case shall exceed sixty (60) pounds in weight. Metal and upright plastic containers shall be provided with tight-fitting lids and shall be constructed in such a manner so as to be reasonably insect- and rodent-proof. All receptacles and containers shall be kept closed and sealed in an upright position. Plastic trash and garbage bags shall be kept closed and sealed and placed within a suitable metal or upright plastic container if they contain garbage or any putrescible matter.
e. 
Public Litter Containers. No place of business shall deposit trash, garbage, rubber, paper or trade waste in any litter container in the City. No individual shall deposit household trash, garbage, rubber, paper or trade waste in any public litter container placed upon the streets and park areas of the City. The containers are to be used by the public in preventing litter in the streets and parks of the City.
f. 
Construction/Demolition Materials. All construction and/or demolition materials must be removed forthwith from the construction or demolition site by the contractor performing construction and/or demolition. It shall be the responsibility of the property owner to insure that this provision is complied with.
g. 
Placement for Collection.
1. 
Location. The owner, tenant, occupant or operator of every dwelling, multiple dwelling, hotel, rooming house, store, motel, business, building, market, restaurant, or other premises in the City, where garbage, combustible rubbish, noncombustible rubbish, combustible trade waste and noncombustible trade waste shall accumulate, shall, on the scheduled days for collection, place or have placed in proper and suitable receptacles or containers, as set forth in this section, all garbage, rubbish, waste, ashes, trash and other refuse materials, as defined in this section, at or adjacent to the curbline outside of the building proper where the same will be easily accessible to the collector. Receptacles awaiting collection shall be stored or kept in such places so as not to become a nuisance to the occupants of any dwelling adjacent thereto. When not set out for collection, as herein provided, and after collection, all receptacles for trash or garbage, or both, whether empty or partially-filled or fully-filled, shall be kept in the rear of the residence or place of business, or location from which collected, and not upon any part or portion of the front or side yards of the premises, unless otherwise recommended by the Health Officer and approved by the City Manager or his/her designee.
2. 
Time. The owner, tenant, occupant or operator of every dwelling, multiple dwelling, hotel, rooming house, store, motel, business, building, market, restaurant, or other premises in the City, where garbage, combustible rubbish, noncombustible rubbish, combustible trade waste and noncombustible trade waste shall accumulate, or any other person, shall not place or cause to be placed, or permit to remain on the curbline, berm, or any portion of the street or sidewalk, or any part portion of the front yard or side yards of the premises, any receptacle, bundle, bag, can, or container or barrel, whether metal, plastic or otherwise, which shall contain garbage, trash, paper, rubbish, ashes, waste or other refuse material, prior to sunset of the day preceding the collection pick-up date or after 6:00 a.m. of the day of collection, and shall not allow or permit any empty receptacles, cans, containers or barrels of any kind to remain on the curbline, berm, or any portion of the street or sidewalk or any part or portion of the front yard or side yards of the premises, after 6:00 p.m. of the day of collection.
h. 
Residential Collection.
1. 
Garbage and refuse generated by residential premises shall be placed at curbside adjacent to residential premises for collection on the pick-up dates designated by the City, and shall consist of no more than five (5) containers consisting of upright ridged containers with tight fitting lids or secure plastic bags, or secure bundles, or secure nonrecyclable boxes, or any combination thereof, which shall be placed at curb for collection per pick-up day per dwelling unit, and in no case shall any container and its contents exceed sixty (60) pounds in weight, and in no case shall the aggregate of all containers and contents exceed three hundred (300) pounds in weight per dwelling unit per pick-up day.
2. 
Bulk refuse generated per residential premises shall be placed at curbside adjacent to residential premises on pick-up dates designated by the City, and shall consist of no more than three (3) large bulk items, and in no case shall any large bulk items exceeds one hundred twenty (120) pounds in weight, nor shall the total aggregate weight exceed three hundred sixty (360) pounds. Any premises having more than one (1) dwelling unit shall be limited to placing no more than six (6) large bulk items out for curbside collection per pick-up day in the manner described herein.
3. 
Yard waste generated by residential premises shall be placed at curbside fronting residential premises on pick-up dates designated by the City, and in no case shall bundles or containers of yard waste exceed sixty (60) pounds in weight or a total of one hundred eighty (180) pounds in aggregate. Any premises having more than one (1) dwelling unit shall be limited to placing no more than six (6) bundles or containers of yard refuse out for curbside collection per pick-up day in the manner described herein. All bundles of yard waste must be tied securely and not exceed four (4) feet in length. Grass clippings and tree limbs or tree parts exceeding three (3) inches in diameter must be disposed of by the owner of the premises at his/her expense.
4. 
It shall be the responsibility of the owner or operator of any residential premises to ensure that garbage, refuse and yard waste is properly stored and prepared for collection at the residential premises and in accordance with all provisions of this section, the City's recycling regulations, and all applicable local, County and State regulations, and in no case shall waste materials from or on residential premises be handled or stored in such a manner as to constitute a nuisance, or be otherwise inimical to the health and safety of the residents of Asbury Park. All applicable local, County and State regulations shall be complied with by owners of residential premises and where applicable tenants of these premises regarding the handling and placement of garbage, refuse and yard waste for collection.
5. 
If the owner of any residential premises requires off-curb collection or additional services beyond twice weekly curbside collection provided by the City, as described herein, the owner of the premises assumes all responsibility for arranging for the additional services, including all costs associated with the collection and disposal of the garbage, refuse and yard waste.
6. 
Auto tires, recyclables, white goods (appliances), all other scrap metal generated from residential premises shall be removed by the City's Public Works Department by appointment. The City Engineer or his agents or assigns shall designate the date of appointment, the quantity to be collected on said date and the manner of placement for collection on said date. The owner or his agent or assigns of the residential premises requesting the service, is responsible for scheduling said services, Pick-up dates and procedures for recyclables will be outlined in an annual bulletin to be distributed annually to each and every residential City address.
i. 
Nonresidential collection.
1. 
All garbage, refuse and yard waste originating from nonresidential premises shall be placed at curbside in accordance with the provisions of this section.
2. 
The owner or operator or his/her designee of any nonresidential premises shall be liable for the cost of collection and disposal of garbage, refuse and yard waste placed off-curb for collection, or for amounts in excess of the curbside limitations regarding weight or frequency of collection by the City.
3. 
The owner or operator or his/her designee of any nonresidential premises shall be liable for the collection and disposal, including the associated costs, of all recyclable materials, including auto tires, scrap metal and appliances.
4. 
All bulk refuse generated from nonresidential premises shall be governed by the same provisions as residential premises as identified in this section, except that no nonresidential entity shall place more than three (3) items of bulk refuse or yard waste out for collection on any designated pick-up date.
5. 
It shall be the responsibility of the owner or operator or his/her designee of any nonresidential premises to ensure that garbage, refuse and yard waste are properly stored and prepared for collection at the nonresidential premises and in accordance with all provisions of this section, the City's recycling ordinance, and all applicable local, County and State regulations, and in no case shall waste materials from or on nonresidential premises be handled or stored in such a manner as to constitute a nuisance, or be otherwise inimical to the health and safety of the residents of Asbury Park.
6. 
It shall be the responsibility of the owner or operator of public and private schools, or his/her designee to provide for collection and disposal of all garbage, refuse and yard waste, including the associated costs.
j. 
Interference with Placement and Collection Prohibited. No person shall prevent or interfere with any agent or employee of the authorized contractor or collector of garbage, trash or refuse, or his/her employees in the discharge of his/her duties.
k. 
Maintenance of Premises.
1. 
No owner, tenant, lessee or person in charge of any building, house, store, room or place shall maintain the same or permit the same or any portion thereof to be maintained in any state of uncleanliness or in an unsanitary condition.
2. 
In multiple dwellings or guest houses having more than two (2) units, it shall be the responsibility of the owner to comply with the provisions of this section.
[2000 Code § 19-2.2; Ord. No. 2599]
a. 
No owner, tenant, leasee or person in charge of any building, house, store, room or place shall maintain the same or permit the same or any portion thereof to be maintained in any state of uncleanliness or in an unsanitary condition.
b. 
No Notice Requirement. Due to health and safety concerns for the residents of the City, the following violation(s) under this chapter do not require prior notice to owner or person or persons responsible before a summons may issue:
1. 
Trash at curb.
Editor's Note: See also Chapter XIII, subsection 13-1.6.
[2000 Code § 19-3.1]
The growing problem of solid waste disposal and the conservation of the recyclable material is an important public concern; and the separation of certain recyclable material will serve the public interest by reducing solid waste and conserving our material resources.
The promotion of that public interest is best served by establishing rules and regulations for the separation, recovery, collection, storing and marketing of the recyclable material.
[2000 Code § 19-3.12; Ord. No. 2599]
a. 
It shall be mandatory for all persons, except those physically disabled, who are owners, lessees and occupants of residential property, to separate glass bottles and jars, aluminum cans, newspapers, and leaves, as hereinafter defined, from all other solid waste produced by such residences for collection and ultimate recycling of the matter.
b. 
It shall be mandatory for all owners, lessees and occupants of business and industrial property and of private, public and governmental institutions and buildings to separate glass bottles and jars, aluminum cans, newspapers, and leaves as hereinafter defined from all other solid waste produced by the nonresidential establishments for collection and the ultimate recycling of the material.
c. 
It shall be mandatory for all owners, lessees and occupants of business and industrial property and of private, public and governmental institutions and buildings to separate, in addition to glass bottles and jars, aluminum cans, newspapers, and leaves; corrugated cardboard and/or high grade paper from all other solid waste produced by the nonresidential establishments for collection and the ultimate recycling of the materials.
d. 
All residential and nonresidential sources of solid waste shall separate tin and bimetal cans from all other solid waste produced by the residential and nonresidential establishments for collection and the ultimate recycling of the material as may be required by Monmouth County.
e. 
On and after the adoption of this section, and in accordance with existing State regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicle reinspection stations with "used oil holding tanks" shall accept up to five (5) gallons at a time, of used motor oil from individuals changing oil from cars, lawn mowers or motorcycles and shall post a sign informing the public that they are a "Used Oil Collection Site."
f. 
Be it further provided that participating service stations, oil retailers and motor vehicle reinspection stations report monthly to the City Clerk, indicating the gallons of waste oil recycled from their premises.
g. 
All generators of asphalt, concrete, and wood waste (stumps, brush, land clearing debris, pallets, and waste lumber), pursuant to demolition, construction and/or alteration activities, will separate these materials from all other solid waste for the purpose of recycling of the materials.
h. 
Notwithstanding any provision of this subsection, the owners or operators or his/her designees of nonresidential property shall be responsible for the collection and/or disposal of all recyclable materials, including all costs associated with such collection and disposal.
[2000 Code § 19-3.3; Ord. No. 2599]
As used in this section:
ALUMINUM
shall mean and include all disposable items made of aluminum, including aluminum containers used for soda, beer, or other beverages.
CORRUGATED CARDBOARD
shall mean and include cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and craft paper material.
GLASS
shall mean and include all products made from silica or sand, soda ash and limestone; the product being transparent or translucent and being used for packaging or bottling of various matters excluding, however, blue or flat glass commonly known as window glass.
HIGH GRADE PAPER
shall mean and include white and/or off-white stationery, photocopy and computer paper.
LEAVES
shall mean and include all foliage from trees and shrubs.
NEWSPAPER
shall mean and include paper of the type commonly referred to as newsprint, and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions, and containing advertisements and other matters of public interest.
RECYCLABLE MATERIALS
shall mean all waste materials that have the ability to be returned, through a processing, to their formal alternate use. Recyclable materials shall include:
a. 
ALUMINUM CANS- beverage or food containers constructed of aluminum or its alloys.
b. 
TIN AND BIMETAL CANS- food and beverage containers that are composed of an aluminum top and steel sides and bottom. Tin cans are food and beverage containers constructed wholly of steel.
c. 
COMMINGLED RECYCLABLES- refers to the mixing of glass bottles and jars, aluminum cans, tin and bimetal cans in the same containers.
d. 
GLASS- food and beverage containers constructed from silica or sand, soda ash and lime, and can be transparent, translucent or have various colors.
e. 
CORRUGATED CARDBOARD- shall mean and include Craft corrugated that has a brown hue made from craft paper, and regular corrugated that is gray and tan and is made from other types of paper, such as newspaper.
f. 
NEWSPAPER- shall mean and include papers including inserts of the type commonly referred to as newsprint and distributed at periodic intervals, usually daily or weekly.
g. 
MIXED PAPER- articles of paper, including but not limited to, magazines, catalogs, envelopes, file folders, mail, office paper, photocopy, white and off-white stationary and computer paper.
h. 
WASTE OIL- shall mean and include used oil drained from automobiles, motorcycles, lawnmowers, etc.
SOLID WASTE
shall mean and include all garbage and rubbish normally produced by the occupants of commercial, industrial, residential, and institutional property and disposed of by private or public pickup.
[2000 Code § 19-3.4]
a. 
Position Created. The position of Recycling Coordinator is hereby created and established within the City.
b. 
Appointment; Term of Office. The Recycling Coordinator shall be appointed by the Mayor and City Council for a term of one (1) year expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31 of the year of that person's appointment.
c. 
Duties. The Recycling Coordinator, subject to the approval of the Mayor and Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the City.
[2000 Code § 19-3.5]
a. 
The Mayor and City Council may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a drop-off center and shall sell the recyclable material if a market exists therefor pursuant to N.J.S.A. 40A:11-1 et seq.
b. 
The Mayor and Council may elect to enter into agreements with qualified persons or corporations authorizing them to collect the recyclable material at curbside or from a drop-off center and to sell the recyclable material.
c. 
All authorized persons or corporations collecting recyclable materials from curbside will provide the City Clerk with monthly reports indicating the amount (in tons) of the material collected.
[2000 Code § 19-3.6]
Recyclable material, as defined herein, shall be the property of the City once placed on the curbside or brought to a drop-off center.
It shall be a violation of this section for any person unauthorized by the Mayor and City Council to pick up or cause to be picked up the recyclable material as defined herein. Each such collection, in violation hereof, shall constitute a separate and distinct offense punishable as hereinafter provided.
[2000 Code § 19-3.7]
a. 
No person or corporation engaged in the collection of solid waste shall violate County or State law and/or regulations by depositing solid waste containing unacceptable quantities of recyclable materials such as glass bottles, glass jars, newspaper, leaves and aluminum cans at the County Reclamation Center.
b. 
Anything herein to the contrary notwithstanding, any person, partnership or corporation, who is owner, lessee or occupant of a residential or nonresidential property, may donate or sell recyclable material, as defined herein, to any person, partnership or corporation whether or not operating for a profit. The person, partnership or corporation, however, shall not pick up recyclable materials at curbside or at a drop-off center.
c. 
Be it further provided that any person, partnership or corporation, who is the owner, lessee, or occupant of a residential, or nonresidential property, report on a monthly basis to the City Clerk indicating the amount (in tons) of material taken to a recycling center.
[2000 Code § 19-3.8]
Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto, shall upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
As an alternate penalty, a convicted person may be ordered to perform community service for a period not to exceed ninety (90) days.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[2000 Code § 19-3.9]
All provisions of this section and subsequent rules and regulations promulgated by the Recycling Coordinator shall be enforced by the Director of the Department of Public Works and/or his/her designated agent.