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:
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.
Tree limbs and branches.
Old furniture, junk, household articles of an unwieldy nature,
containers, and other bulk waste usually disposed of by householders.
Boxes and corrugated paper materials.
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.
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.
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.
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.
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.
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.
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.
Metals, metal shavings, wire, tin cans, cinders, earth and
other materials but not the wastes resulting from building construction
or alteration work.
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.
Newspapers, periodicals, and all other wastepaper.
Any individual, firm, trust, partnership, association, corporation,
company or organization of any kind.
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.
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.
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.
Vines, hedge clippings and shrub clippings. No grass clippings.
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.
A.
All residential properties shall be provided municipal collection
services for brush, leaves, recyclables, white goods, light metals
and household furniture and bulk waste in accordance with this chapter
and on such schedules as shall be fixed, from time to time, by resolution
of the Board of Commissioners.
B.
Contractors, subcontractors and the like are prohibited from placing
any solid waste, brush, leaves, recyclables, household furniture,
bulk waste, white goods, light metal or any other items for collection.
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.
A.
Solid waste collection. The collection of solid waste, as herein
defined, from nonresidential properties will be on such schedules
as shall be fixed, from time to time, by resolution of the Board of
Commissioners.
B.
Greater level of service. Nonresidential properties that demand a greater level of service than provided in subsection A above, must contract with an approved private solid waste collector for such service.
C.
Municipal buildings, fire houses, first aid squads and all elementary
and secondary schools in the Borough shall receive solid waste collection
by the Borough or its agents on such schedules as shall be fixed,
from time to time, by resolution of the Board of Commissioners. All
other public buildings and nontaxpaying properties shall be considered
nonresidential properties for the purposes of this chapter.
D.
The Borough will collect materials from public receptacles and public
areas, including the boardwalk and the beach, on such schedules as
shall be fixed, from time to time, by resolution of the Board of Commissioners.
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.
(8)
Liquid waste.
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.
A.
All multifamily residential properties, including apartments, townhouses, condominiums and all other multiple dwelling complexes consisting of more than ten (10) dwelling units (as defined in section 113-5 of the Borough Code), shall provide dumpster facilities for use by the residents thereof as the exclusive method of disposal of their solid waste, unless not more than ten (10) standard trash cans are adequate for the disposal needs of the complex (excluding recyclables).
B.
Dumpsters. Sufficient facilities must be provided in, on and at nonresidential
properties for the storage of solid waste produced or generated from
the property. Dumpsters at apartment complexes or residential condominiums
to be collected by the Borough shall not exceed three (3) cubic yards
in size. For premises utilizing dumpsters, all materials must be placed
in plastic bags before being deposited in the dumpster. Dumpsters
must be protected from the infiltration of water by an enclosure or
a watertight lid, and must be vermin-proof. All dumpsters must be
disinfected on a regular basis.
Dumpsters shall be purchased, procured or provided by the property
owner and his agents, tenants or other occupants at their own cost.
Dumpsters shall meet and conform to all health laws and the requirements
of the Department of Public Works. Existing approved solid waste collection
sites legally utilizing a dumpster may remain in place for private
collection or public (provided the quantities of solid waste do not
exceed the quantities for the property as authorized by this chapter)
collection. Any now or proposed relocated solid waste collection sites
shall be submitted for authorization and approved to the Administrative
Officer of the Planning Board for review and appropriate action. The
Administrative Officer of the Planning Board shall, in addition to
his usual distribution, submit a copy of this application to the Health
Officer, Construction Official and Superintendent of Public Works
for review, report and recommendation.
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.
A.
Definitions. Unless the context clearly indicates a different meaning,
the following words or phrases when used in this chapter shall have
the following meaning:
(1)
PERSON -- An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
(2)
ESTABLISHMENT -- Any fixed or mobile restaurant; coffee shop, cafeteria;
short-order cafe; luncheonette; grill, tearoom; sandwich shop; soda
fountain; tavern; bar; cocktail lounge; nightclub; 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.A.C. 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.
B.
Private collection, when required. Every retail food establishment
will be provided with the pickup of solid waste on such schedules
as shall be fixed, from time to time, by resolution of the Board of
Commissioners. If the schedule so fixed is insufficient to prevent
the development of odors and/or the attraction of vermin, any such
retail food establishment shall arrange for its own solid waste collection
by a legally qualified solid waste collector on such schedule as to
prevent the occurrence of such conditions, 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.
A.
Storage of receptacles, containers and materials. Except during the
times permitted for collection as set forth in this chapter, all trash,
garbage, rubbish, waste, recyclable materials and trade waste, and
all receptacles and containers therefor, whether empty or not, shall
be kept in the lanes behind each dwelling. Where there are no rear
lanes, receptacles are to be kept in areas where they are not visible
from the streets or public rights-of-way and so that they do not otherwise
constitute a nuisance to the occupants of any dwelling. In no event
shall any trash, garbage, rubbish waste, recyclable materials or trade
waste, or any receptacles or containers therefor be kept under or
in close proximity to the windows or doors of any adjacent dwelling.
B.
Regulation of vehicles. Every private collector of solid waste, recyclables
and waste materials and every collector authorized by the Borough
to collect such items shall do so in vehicles approved for use by
legally qualified waste haulers in accordance with N.J.A.C. 7:26-3.1,
et seq. Said vehicles are to be kept clean and safe. No person shall
drive or move any truck or other vehicle within the Borough unless
such vehicle is so constructed, loaded and covered so as to prevent
any solid waste load or contents from being blown or deposited upon
any street, alley or other public or private place in the Borough.
(1)
All vehicles used in transporting ashes, garbage, trash, rubbish,
waste and other refuse material through the streets of the Borough
shall be furnished by the owner or operator; must have a good and
right body and when loaded shall be securely covered with a type of
cover approved by the Borough so as to prevent their contents from
being scattered upon the streets.
(2)
No cart or other vehicle for carrying any offal, swill, garbage,
ashes or rubbish, or the contents of any privy vault, cesspool or
other receptacle for filth, or having upon or in it any manure or
other nauseous or offensive substances, shall unnecessarily stand
or remain near any building, place of business or other premises inhabited
or occupied by any person. No person using such cart shall take an
unreasonable length of time in loading or unloading, or in passing
along any street or through any inhabited place or ground within the
Borough. No such cart or vehicle, its appurtenances, or the driver
or person in control thereof, shall be or allowed to be in a needlessly
filthy or offensive condition. When not in use, all such carts, vehicles
and all implements used in connection therewith shall be stored and
kept in some place where no needless offense shall be given to any
of the inhabitants of the Borough.
(3)
All such carts and vehicles, boxes, tubs and receptacles therein
used for transporting and carrying any of the foregoing substances
shall be strong and tight and the sides shall be so high above the
load or contents that no part of such contents or load shall fall
or leak or spill therefrom. All vehicles and containers used for carrying
bones, offal, butchers' refuse, tannery scrapings, manure or
refuse matter liable to decay must be metal lined. Each of such carts,
tubs or boxes and receptacles shall be adequately and tightly covered.
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.
