The Board of Commissioners provides for the collection, removal
and disposal of solid waste from residences, stores and places of
business in the Borough of Avon-by-the-Sea under conditions outlined
in this Article or in such regulations as may be promulgated in pursuance
thereof. The provisions of this Article shall also be subject to the
terms and conditions of any recycling program required by the Borough
and/or other governmental authority.
Such collection, removal and disposal may be done by an individual
or individuals or a corporation or corporations under contract for
the Borough or by the Borough's own employees.
For the purposes of this Article, the following definitions
shall apply:
ASHES
The residue from fires used for cooking foods and heating
buildings, with the exception of the fuel residue from stream power
plants. Ashes shall also include such floor sweepings as may accumulate
in connection with the ordinary daily use of dwellings and stores.
BRUSH
Tree limbs and branches.
BULK WASTE
Old furniture, junk, household articles of an unwieldy nature,
containers, and other bulk waste usually disposed of by householders.
CARDBOARD
Boxes and corrugated paper materials.
COMBUSTIBLE RUBBISH
Rags, old clothes, leather, rubber, carpets, wood, excelsior,
sawdust, tree branches, yard trimmings, wood, furniture and other
combustible solids not considered by the Borough to be of a highly
volatile or explosive nature.
COMBUSTIBLE TRADE WASTE
Paper, rags, leather, rubber, cartons, boxes free of wire
and metal scraps, wood, excelsior, sawdust, garbage and other combustible
solids, except manure, and not considered by the Borough to be of
a highly volatile or explosive nature.
CONSTRUCTION AND DEMOLITION MATERIAL
Asphalt, concrete, wood waste and any other such waste material
as associated with the construction or demolition of any building,
structure or any part thereof.
GARBAGE
Any animal or vegetable waste from any kitchen, market or
store or other place, or any waste which, due to its animal or vegetable
content, may decompose, cause odors, attract flies or other insects,
or in any manner be a hazard to the public health.
INDUSTRIAL WASTE
Those materials and waste matters connected with industrial
establishments within the Borough and including, but not limited to,
processed scrap materials, nonrecyclable packing materials and certain
hazardous and dangerous materials such as acids, paints, fluorescent
tubes, nonrecyclable glass and toxic materials.
LIGHT METAL
Tin and sheet metals, used for shelving, cabinets, swing
sets, storage sheds, lawn furniture and the like. It shall not include
large parts from automobile engines and the like.
NONCOMBUSTIBLE RUBBISH
Metals, metal shavings, tin cans, glass, crockery and other
similar materials, but not the wastes resulting from building construction
or alterations work. Except as otherwise set forth above, the definitions
set forth in N.J.S.A. 13:1E:99.12 shall apply to this chapter.
NONCOMBUSTIBLE TRADE WASTES
Metals, metal shavings, wire, tin cans, cinders, earth and
other materials but not the wastes resulting from building construction
or alteration work.
NONRESIDENTIAL PROPERTY
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.
PAPER
Newspapers, periodicals, and all other wastepaper.
PERSON
Any individual, firm, trust, partnership, association, corporation,
company or organization of any kind.
REFUSE
All other material not described in the definitions in this
section, except that it shall not include white metal goods, automobiles
or parts thereof, debris from construction or demolition of buildings,
lumber, building materials, trees or tree waste.
SOLID WASTE
All garbage and refuse normally produced by the occupants
of residential and nonresidential property and disposed of by private
or public pickup and defined as solid waste by the New Jersey Solid
Waste Management Act.
TRADE WASTE
All material resulting from the prosecution of any business,
trade or industry conducted for profit and such shall be classified
as combustible trade waste and noncombustible trade waste, as defined
herein.
WHITE GOODS
Those appliances made of metal and which have a particular
household use. Appliances shall include, but not be limited to, washing
machines, dryers, ranges, freezers, sinks, cabinets, dishwashers,
refrigerators, stoves and other bulk metal goods and any other like
bulk metal.
The Borough will not make any collection on announced National
Holidays. In addition, whenever the Superintendent of Public Works
declares an emergency, collections will not be made on the day of
the emergency, but will be made on the next regularly scheduled pickup.
The following items will not be collected unless they are prepared
as indicated:
A. Garbage. Garbage shall be thoroughly and completely drained of all
water, and placed in a nonporous plastic or metal trash can with handles.
Each receptacle shall have a tight fitting cover and constructed to
prevent spilling or leakage of contents, the infiltration of water,
and to be vermin-proof and shall be disinfected on a regular basis.
Each residential and nonresidential unit shall be entitled to use
up to five (5) 32-gallon/50 pound trash cans for each collection.
No receptacle loaded for collection shall weigh more than fifty (50)
pounds.
B. Paper. Paper, except used newspaper as defined in Sections
107-1 and
107-22, shall be secured and properly tied into bundles or otherwise packaged in a manner to prevent any scattering while being handled by the Borough contractors, collectors or employees or while such bundles or packages are located in the lanes or on the premises awaiting collection. Such bundles shall not exceed fifty (50) pounds.
C. Ashes. Ashes shall be appropriately cooled and placed in a receptacle as described in Section
107-7A above.
D. Rubbish and trade waste. Rubbish and trade waste shall be stored and held in receptacles as described in Section
107-7A above. Where these materials are of such a nature that they cannot be deposited, they shall be securely and properly tied into bundles or packages to prevent any spilling while being handled by Borough contractors, collectors, or employees or while such bundles or packages are located on the sidewalk or premises awaiting collection.
E. Grass, yard rakings, branches, hedge clippings, brush, wood, etc.
(1) All leaves, brush or branches shall be considered rubbish and shall
be placed in suitable receptacles and disposed of in the same manner
as rubbish.
(2) From October 1 through December 1, leaves may be piled in an orderly
fashion in the street, four (4) feet from the curb for collection
by Borough trucks. Other leaves, and leaves at all other times of
the year, shall be placed in plastic disposal bags and left on the
premises at the location provided for waste receptacles. Lawn and
leaf rakings shall be placed in plastic bags and left on the premises
at the location provided for waste receptacles.
(3) Tree branches, tree trunks, hedge clippings, and disposable wood
resulting from prunings and cuttings made personally by the property
owner or occupant may be placed in the rear of premises abutting a
lane or alley, or between the sidewalk and the street for other premises.
Such branches shall be cut to a maximum length of four (4) feet prior
to placement for collection, and shall be left so as not to protrude
into a lane, sidewalk, alley or street. Each individual item and each
bundle of items (if bundled) shall not exceed forty (40) pounds in
weight.
(4) Both the owner of the premises where any violation of this section
occurs, and any gardener for hire or in the employment of the owner,
shall be responsible for any violation of this section.
F. Defective receptacles, trash cans and dumpsters. Receptacles that
are badly broken or otherwise fail to meet the requirements set forth
herein need not be collected provided that written notice has been
given to the responsible party by placing a notice, such as a sticker,
on the defective receptacle. After ten (10) days written notice has
been given to the responsible party pertaining to defective or illegal
waste containers, such containers may be collected as refuse by the
Borough or its authorized agent(s).
G. Volatile or explosive material prohibited. Nothing of a highly volatile
or explosive nature, whether in liquid, gaseous or solid form, shall
at any time be placed or set out for collection, either by itself
or in connection with garbage, trash, waste, rubbish, ashes or other
refuse material.
H. Public litter containers. No person or place of business shall deposit
solid waste, trash, garbage, rubbish, paper or trade waste in any
public litter container placed upon the streets of the Borough for
use by the public to prevent littering of streets. The use of these
public litter containers is limited to disposal of small refuse by
pedestrians such as candy wrappers and the like. The use of these
public litter containers for any other waste is prohibited.
I. Household furniture and bulk waste. Household furniture and bulk
waste from residential properties will be accepted on such schedules
as shall be fixed, from time to time, by resolution of the Board of
Commissioners. No furniture or bulk waste shall be accepted from nonresidential
properties. Such household furniture or bulk waste shall not include
articles weighing in excess of one hundred (100) pounds for each separate
piece, nor shall such articles exceed a total of two (2) cubic yards.
No such items to be collected shall be placed on the curb before 6:00
p.m. of any day prior to the collection day. Residents must contact
the Department of Public Works for a collection date.
J. White goods and light metal. White goods and light metal will only
be accepted for collection on such schedules as shall be fixed, from
time to time, by resolution of the Board of Commissioners. For all
appliances that contain Freon including but not limited to refrigerators,
freezers, air conditioners, and dehumidifiers, there will be a twenty-five
dollar ($25) charge, payable in advance of collection.
K. Prohibited materials. The following items are prohibited from being
placed for collection:
(1) Dirt, earth, stone, blacktop, concrete, concrete block and macadam.
(2) Industrial waste, including but not limited to processed scrap materials,
packing materials and certain hazardous materials, such as acids,
paints, fluorescent tubes, bulk amounts of glass, toxic materials
and highly volatile or explosive matter, either in liquid, gaseous,
or solid form.
(3) Automotive parts, including but not limited to transmissions engines,
rear ends, wheels, tires, mufflers, and other items normally produced
in the maintenance and repair of vehicular equipment.
(4) Dead animals shall be disposed of as provided by the County of Monmouth
and the Humane Society.
(5) Surgical dressings, syringes and disposable hospital type items.
These items are to be disposed of pursuant to law and regulation including,
but not limited to, the laws and regulations of the Borough of Avon-by-the-Sea
Department of Health and the Monmouth County Department of Health.
(6) New and used motor oil. In accordance with state regulations, all
service stations, all 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 personal motor vehicles, lawn mowers or motorcycles and shall
post a sign informing the public that they are a "Used Oil Collection
Site." A fee schedule should be posted by the recipient if fees are
charged for this service.
(7) Hazardous waste classified pursuant to regulations issued by the
New Jersey Department of Environmental Protection, adopted under authority
of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Residents can arrange
for hazardous waste disposal by contacting the Monmouth County Household
Waste Facility.
All receptacles for solid waste and paper bundles shall be placed
on the premises where they will be readily accessible to the collectors.
On premises abutting a lane or alley, they shall be placed upon the
rear of said premises, near such lane or alley. The occupant shall
keep all receptacles clean and in condition for safe handling by the
collectors. The foregoing shall not apply to private collection or
to collection from multifamily residences with dumpsters. Dumpsters
will be placed in a location determined by the Superintendent of Public
Works.
It is unlawful for any person to throw, drop, discard, or otherwise
place litter of any nature upon any public or private property, other
than in a litter receptacle. This provision shall not apply to leaves
that are properly placed for pickup by the Borough during the fall
leaf-removal period.
It is unlawful for any person to discard or dump along any street
or road, on or off any right-of-way, any household or commercial solid
waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires,
appliances, furniture, or other private property, except by written
consent of the owner of said property, and only when said place is
specifically designated for the purpose of solid waste storage or
disposal.
A. Origin of solid waste and refuse. No owner, lessee, tenant or other
occupant or user of any building, private dwelling, apartment house,
restaurant, motel, store, school, public building or business of any
kind shall permit any solid waste or other refuse not originally generated
at said premises to be placed at said premises for collection. No
person shall transport any solid waste or other refuse from its point
of original generation to a premises within the Borough of Avon-by-the-Sea
for the purpose of disposal. No waste shall be placed for collection
that was not generated from the premises of collection.
B. Solid waste collector permits. Every solid waste collector shall
conform to the provisions of this chapter and all other applicable
laws and regulations, including, but not limited to, the laws and
regulations of the New Jersey Public Utilities Commission and the
Monmouth County Solid Waste Management Plan governing the collection
and disposal of solid waste. Only legally qualified collectors may
be retained for service within the Borough of Avon-by-the-Sea prior
to services being provided to any premises in the Borough.
It is unlawful for any person to place, to cause to be placed,
or to hire another person to place any advertisement, handbill or
unsolicited material of any kind in or on any street, sidewalk, building
or vehicle within the Borough in such a manner that it may be removed
by natural forces resulting in litter.
It is the duty of the owner, lessee, tenant, occupant or person
in charge of any structure to keep and cause to be kept the sidewalk
and curb abutting the building or structure free from obstruction
or nuisances of every kind, and to keep sidewalks, areaways, backyards,
courts and alleys free of litter.
No person shall burn or cause to be burned any leaves, lawn
rakings, garbage, paper, rubbish or other waste material within the
confines of the Borough.
Every private collector of ashes, garbage and waste material
shall conform to the provisions of this chapter and the regulations
of the Public Works Department governing the collection and disposal
of ashes, garbage, waste, trash, rubbish and refuse material. No collection
shall be performed before 6:30 a.m. or after 5:00 p.m.
The collection of solid waste, as herein defined, will be on
such schedules as shall be fixed, from time to time, by resolution
of the Board of Commissioners.
Disposal of material from the construction, destruction and
repair of buildings or landscaping of premises shall be the responsibility
of the property owner.
It is unlawful for any owner, agent, or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or immediately following completion of any construction
or demolition project. It is the duty of the owner, agent or contractor
in charge of a construction site to furnish containers adequate to
accommodate flyable or nonflyable debris or trash at areas convenient
to construction areas, and to maintain and empty the receptacles in
such a manner and with such a frequency as to prevent spillage of
refuse. A time limit of fifteen (15) days will be placed on the position
of construction dumpsters.
It is unlawful for any vehicle to be driven, moved, stopped
or parked, on any public roadway unless such a vehicle is constructed,
covered or loaded to prevent any of its load from dropping, shifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped,
which could cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, must immediately cause the public property
to be cleaned of all such materials and must pay the costs thereof.
Nothing contained in this Article shall preclude the establishment
by the Borough for a cleanup period, with terms and conditions promulgated
and prescribed by resolution. Persons complying with the regulations
set forth in such a cleanup resolution shall be considered not to
be in violation of this Article during such period.
Any person who violates any provision of this Article shall, upon conviction thereof, be liable to the penalty provided by Chapter
1, Section
1-15. Each day of violation shall be considered a separate violation.