[1973 Code § 3-9.1; Ord. No. 2003-728]
No person shall dispose of garbage, trash, bulk items or recycling,
or attempt to do so within the Borough in any manner other than that
provided in this section.
[1973 Code § 3-9.2; Ord. No. 2003-728]
As used in this section:
shall consist of old furniture, junk, household articles
of an unwieldy nature, containers, and other bulk waste usually disposed
of by homeowners.
shall mean all waste products, other than human, which are
organic in nature.
shall refer to all commercial establishments including properties
that have a mixed use of commercial and residential units. For collection
purposes, a property containing mixed uses of multiple commercial
and residential units, each unit residential/nonresidential will be
considered separately.
shall mean all waste products which are nonorganic in nature
and without deposit of garbage thereon, including wood and wood products
not exceeding four (4) feet in length or heavier than fifty (50) pounds.
[1973 Code § 3-9.3]
Garbage shall be kept in covered, waterproof receptacles of
galvanized metal or rigid plastic, with handles, and shall not be
loaded therein in excess of fifty (50) pounds.
[1973 Code § 3-9.4]
Trash shall be kept in a receptacle of such nature and in such
manner that it will not fall or blow from the receptacle, but the
receptacle shall not exceed an overall dimension of ten (10) feet
in any one (1) direction even if it is placed for collection as trash;
bundles of newspapers less than fifty (50) pounds in weight and bundles
of brush less than four (4) feet in length shall be collected as trash,
if securely tied, even if not placed in a receptacle.
[1973 Code § 3-9.5]
The collection of garbage and trash will be made on such schedules
as shall be fixed by resolution of the Council.
[1973 Code § 3-9.6; Ord. No. 2003-725; Ord. No. 2003-728]
a.
Garbage, trash and recycling containers and bulk items shall be placed
at the curb or place of customary collection not earlier than 6:00
p.m. on the evening preceding collection day; following collection,
the containers shall be removed from the curb or place of customary
collection not later than 6:00 p.m. on the evening of the collection
day.
b.
Garbage and trash containers placed at the curb or place of customary
collection in violation of the times and dates listed in this section
may be collected and disposed of by Borough public workers. The costs
to the Borough for the salaries of these employees and any tipping
or disposal fees to the landfill while engaged in disposing of the
refuse from these garbage and trash containers shall be calculated
by the Borough and submitted to the property owner or tenant for payment,
and may also be added to any fines or penalties assessed by the Municipal
Court.
[1973 Code § 3-9.7]
Nothing shall preclude the establishment by the Borough of a
"clean-up" period, for such a period of time and on such terms of
collection as shall be duly enacted by its resolution and proclamation,
and persons complying with the regulations set forth in such a "clean-up"
resolution shall not be considered to be in violation of this section.
[Ord. No. 2003-728]
a.
Solid Waste Collection. Nonresidential properties will be provided solid waste pickup two (2) days per week of up to five (5) trash cans as described in subsection 13-1.3.
b.
Greater Level of Service. Nonresidential properties, which the Borough
determines require a greater level of service than provided in paragraph
a. above, must contract with the approved private solid waste collection
for each service.
Municipal buildings, firehouses, first aid squads and all elementary
and secondary schools in the Borough shall receive solid waste collection
by the Borough or its agents on a schedule to be determined by the
Department of Public Works. All other public buildings and nontaxpaying
properties shall be considered nonresidential properties for the purposes
of this section.
The Borough will collect materials from public receptacles and
public areas on a schedule to be determined by the Department of Public
Works.
[Ord. No. 2003-728]
a.
Retail Food Establishment shall mean any fixed or mobile restaurant;
coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom;
sandwich shop; soda fountain; tavern; bar; cocktail lounge; night
club; roadside stand; industrial feeding establishment; private, public
or nonprofit organization, institution or group preparing, storing
or serving food; catering kitchen; commissary; box lunch establishment;
retail bakery; meat market; delicatessen; grocery store; public food
market; or any similar place in which food or drink is prepared for
retail sale or service on the premises or elsewhere, and any other
retail eating or drinking establishment or operation where food is
served, handled or provided for the public with or without charge;
except that agricultural markets, covered dish suppers or similar
type of infrequent church or nonprofit type institution meal services
shall meet the special provisions of N.J.S.A. 8:24-8; and further
provided that any food and/or beverage vending machine shall meet
the requirements of N.J.A.C. 8:24-14.
[Ord. No. 2003-728]
Every retail food establishment will be provided with the pickup of solid waste two (2) times per week as set forth in subsection 13-1.8, provided that this schedule does not result in the development of odors and the attraction of vermin. Every retail food establishment that cannot comply with the foregoing conditions as determined by the Borough or the establishment requests more frequent collection, shall have its own solid waste collected by a legally qualified solid waste collector. Collections shall occur at least two (2) times per week, or at such other frequencies as to be determined by the Borough and in such a manner as to avoid or prevent a public health annoyance or nuisance including, but not limited to, the development of odors and the attraction of vermin, but in no event shall collection be less than twice a week.
[Prior ordinance history includes portions of Ordinance Nos.
95-615, 2003-728, 2009-839]
[Ord. No. 2010-847]
Proper management of solid waste is an important matter of public
health and safety. The source separation and recovery of certain recyclable
materials will serve the public interest by conserving energy and
natural resources and reducing waste disposal expenses. In accordance
with the requirements of the New Jersey Mandatory Source Separation
and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update
to the Monmouth County Solid Waste Management Plan, it is therefore
necessary to update and amend existing municipal rules and regulations
for the separation, storage, collection and recovery of designated
recyclable materials.
[Ord. No. 2010-847]
a.
It shall be mandatory for all persons who are owners, lessees and
occupants of residential property, of business and industrial properties,
and of private or public and government institution and building,
to separate newspaper, corrugated cardboard, clean mixed paper, aluminum
cans, tin and bimetal cans, glass bottles and jars, and plastic containers
("designated recyclables"), from all other solid waste produced by
such residences and establishments.
1.
Newspaper shall mean and include paper of the type commonly referred
to as newsprint, and includes any inserts which are normally included
in the newspaper. Specifically excluded are any pages of the newspaper
used for household projects and crafts, such as paintings or paper
maché projects, or used for cleanup of pet waste.
2.
Corrugated cardboard shall mean layered cardboard including a waffled
section between the layers, of the type commonly used to make boxes
and cartons. Specifically excluded are waxed cardboard and any cardboard
contaminated by direct contact with food, such as pizza boxes.
3.
Clean mixed paper shall mean high-grade bond paper, mixed office
and school papers, such as stationery, construction paper and writing
tablets, including computer printouts, magazines, gift wrapping paper,
soft cover books, junk mail and single layer cardboard (chipboard).
Specifically excluded are carbon papers, hard cover books (unless
cover and binder are removed), paper cups and plates, food wrappers
or any other paper contaminated by direct contact with food products,
and paper products used for personal hygiene, such as tissues.
4.
Aluminum cans shall mean all disposable cans made of aluminum used
for food or beverages. Specifically excluded are aluminum foils, pie
tins, trays, cookware and other aluminum products.
5.
Tin and bimetal cans shall mean all disposable cans made of tin,
steel or a combination of metal including, but not limited to, containers
commonly used for food products. Specifically excluded are cans which
contain toxic products, such as paints and oils.
6.
Glass bottles and jars shall mean transparent or translucent containers
made from silica or sand, soda ash and limestone, used for the packaging
or bottling of various products. Specifically excluded are dishware,
light bulbs, window glass, ceramics and other glass products.
7.
Plastic containers shall mean plastic containers that are labeled
plastic resin type #1 PETE thru plastic resin type #7. Specifically
excluded are consumer items and packages, such as film plastics, blister
packaging, boxes, baskets, toys and other products.
b.
Residences, businesses and institutions provided with recyclables
collection service by municipal forces or through municipal contract
shall place all designated recyclables in the appropriate containers
at curbside or other area(s) in the manner and schedule as regularly
published and distributed by the municipality. Appropriate containers
shall mean:
c.
Any multi-family complex, business or institution not provided recyclables
collection service by municipal forces or through municipal contract
shall be responsible for arranging the appropriate separation, storage,
collection and ultimate recycling of all designated recyclables.
d.
Any multi-family complex, business or institution which is not provided
recyclables collection services by municipal forces or through municipal
contract shall provide the municipality with, at a minimum, an annual
report describing arrangements for both solid waste and recyclables
collection services, including the size, number and location of storage
containers, frequency of pickup service, the name and address of any
contractor hired to provide such service, and phone and other contact
information for the contractor.
e.
Leaves shall be kept separate from other vegetative waste, and shall
only be placed for collection in the manner and schedule as shall
be published and distributed by the municipality. This requirement
shall not prohibit any person or establishment from making arrangements
to collect leaves and grass directly from their property through their
own efforts or via contract with a landscape service or other appropriate
company, for direct transportation to a permitted recycling operation.
f.
The following bulky recyclables shall not be placed with solid waste
at the curbside or in containers provided for waste collection and
transportation to a disposal facility: concrete, asphalt, brick, block,
tree stumps, tree limbs, metal appliances or bulk metal items.
g.
Automotive and other vehicle or wet cell batteries, used motor oil
and anti-freeze shall not be disposed as solid waste. Such items are
to be kept separate from other waste materials and recyclables, and
brought to local service stations, scrap yards, or publicly operated
recycling facilities designed and permitted to handle such products.
h.
Common, nonrechargeable dry cell batteries, commonly labeled A, AA,
AAA, C, D and 9-volt, may be disposed with regular municipal solid
waste; however, rechargeable dry cell and button batteries still contain
significant amounts of various toxic metals, including mercury, and
shall be separated and brought to The Borough of Lake Como Department
of Public Works for the proper packaging and shipment of rechargeable
and/or button batteries to appropriate processing facilities.
i.
Computer, computer monitors and other related electronic hardware,
as well as analog and digital televisions, are prohibited from being
placed with other solid waste for disposal. These and other electronic
devices shall be kept separate and brought to the Borough of Lake
Como Department of Public Works for proper shipment of these items
to appropriate processing facilities.
[Ord. No. 2010-847]
a.
All designated recyclables become the property of the municipality
and/or the contracted collector once placed at the curbside, in a
container prohibited by the contractor, or brought to and accepted
at the Municipal Recycling Depot.
b.
It shall be a violation of this section for any unauthorized person
to pick up or cause to be picked up, any recyclable materials as defined
herein. Each such collection shall constitute a separate and distinct
offense.
c.
Notwithstanding anything herein to the contrary, any person may donate
or sell self-generated recyclable materials to any person, partnership
or corporation, whether or not operating for profit. The person, partnership
or corporation, however, shall not pick up recyclable materials at
curbside.
[Ord. No. 2010-847]
a.
No liquids of any type shall be placed with recyclables, or with
solid waste for collection and disposal.
b.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleansers, cleaning or automotive products, or other hazardous
wastes shall be placed with recyclables, or with solid waste for collection
and disposal.
[Ord. No. 2010-847]
a.
All apartment and other multi-family complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and the various types of recyclables,
as appropriate.
b.
Any company or agency providing dumpsters, roll off or other containers
to any apartment or other multi-family complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or for specific recyclables, as may be appropriate.
[Ord. No. 2010-847; Ord. No. 2013-890]
a.
The municipality shall issue construction and demolition permits
only after the applicant has provided a Debris Management Plan identifying
the estimated number and types of containers to be used for the handling
of all solid wastes and recyclables generated during the project,
and arrangements for the proper disposition of the generated materials.
b.
(Reserved)
c.
Inadequate or incomplete documentation may result in the forfeiture
of some or all of the required deposit.
[Ord. No. 2010-847]
a.
The position of Recycling Coordinator is hereby created and established
within the municipality, to be appointed by the Governing Body for
a term of one (1) year.
b.
The duties of the Recycling Coordinator shall include, but are not
limited to: the preparation of annual or other reports as required
by State and County agencies regarding local solid waste and recycling
programs, reviewing the performance of local schools and municipal
agencies in conducting recycling activities, periodic review of local
residential and business recycling practices and compliance, review
and recommendation on local subdivision and site plans submittals
and local construction and demolition projects for appropriate waste
disposal and recycling provisions, reports to the Governing Body on
the implementation and enforcement of the provisions of this ordinance,
and such other reports and activities as may be required by the Governing
Body.
c.
The Recycling Coordinator shall be required to comply with the Certification
Requirements for Municipal Recycling Coordinators, as established
by the State of New Jersey. The Recycling Coordinator shall have completed
or be in the process of completing the requirements for certification
as a "Certified Recycling Professional" (CRP) no later than January
13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. No. 2010-847]
a.
The duly appointed Municipal Recycling Coordinator, the Monmouth
County Health Department, and Department of Public Works Superintendent
are hereby jointly and severally empowered to inspect solid waste
and recycling arrangements and compliance at local residences, businesses,
schools and institutions, and to enforce the provisions of this section,
by issuance of warnings, notices, summonses and complaints. A typical
inspection may consist of sorting through containers and opening bagged
solid wastes to detect the presence of recyclable materials.
b.
The authorized inspector may, in his or her discretion, issue a warning
rather that a summons following an initial inspection(s), with a follow
up visit to determine compliance within a stated period of time.
[Ord. No. 2010-847]
a.
Violations or noncompliance with any of the provisions of this section,
or the rules and regulations promulgated hereunder, shall be punishable
by a fine as follows:
b.
Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
c.
Fines levied and collected in Municipal Court pursuant to the provisions
of this section shall be deposited into the Municipal Recycling Trust
Fund. Monies in the Municipal Recycling Trust Fund shall be used for
the expenses of the municipal recycling program.
[Ord. No. 2010-847]
This section shall take effect upon its passage and publication
according to law. Ordinance No. 2010-847 was adopted September 21,
2010.
[Ord. No. 2003-728; amended 10-3-2023 by Ord. No. 2023-11]
Contractors and subcontractors are prohibited from placing any
bulk items for collection, and must arrange for private cartage. The
Borough will collect bulk items on the scheduled bulk item pickup
date as per the Municipal schedule.
[Ord. No. 2006-773]
a.
Purpose. The purpose of this section is to establish requirements
for the proper handling of yard waste in the Borough of Lake Como,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section 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.
shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
shall mean leaves and grass clippings.
c.
Prohibited Conduct. The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this section.
d.
Enforcement. The provisions of this section shall be enforced by
the Lake Como Police Department.
[Ord. No. 2006-776]
a.
Purpose. The purpose of this section is to establish a yard waste
collection and disposal program in the Borough of Lake Como, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section 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.
shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
shall mean leaves and grass clippings.
c.
Yard Waste Collection. Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is only allowed during the seven (7) days prior to a scheduled and
announced collection, and shall not be placed closer than ten (10)
feet from any storm drain inlet. Placement of such yard waste at the
curb or along the street at any other time or in any other manner
is a violation of this section. If such placement of yard waste occurs,
the party responsible for placement of the yard waste must remove
the yard waste from the street or said party shall be deemed in violation
of this section.
d.
Enforcement. The provisions of this section shall be enforced by
the Lake Como Police Department.
