Editor's Note: Prior ordinance history includes 2002 Code
§§ 8.28.010 — 8.28.90, 8.28.110; prior code § 3-15.10
and Ordinance Nos. 6-12-06B, 2007-6, 2007-25, 2008-3, 2008-14, 2009-08,
2009-09, 2009-10.
[Ord. No. 2010-27]
[Ord. No. 2010-27; Ord. No. 2011-08]
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings given hereafter.
Any term, phrase, word or derivation provided for elsewhere in the
Borough Code or in the Borough newsletter that is also provided hereafter
shall be supplemental hereto insofar as it is not inconsistent. As
used in this section:
Shall mean residual from the burning of wood, coal, coke
or other combustible materials.
Shall mean branches, limbs and debris from cutting and pruning
of trees, bushes and shrubbery. Leaves and grass clippings do not
constitute brush.
Shall include, but not be limited to: major and household
appliances, used furniture, bicycles, rugs, carpeting, padding, toys
or items deemed acceptable by the DPW Supervisor.
Shall mean all cans made exclusively with aluminum, tin or
bimetal.
Shall mean any building material, such as building fixtures,
carpet, bulk roof shingles, dimensional framing lumber, bulk or sheets
of plywood, paneling, plaster or plasterboard, sheetrock, brick, or
other substances accumulated as a result of repairs or additions to
existing buildings, constructions of new buildings or demolition of
existing structures.
Shall mean a private entity that the Borough contracts with
to handle the disposal of solid waste and recyclable materials.
Shall mean paper products with a waffle section between layers
used to package merchandise and other materials for delivery or storage,
excluding food contaminated cardboard (e.g. pizza boxes) or waxed
cardboard.
Shall mean trash that does not fit in a Borough approved container as described in subsection 16-2.3 that may only be placed for collection by the Borough in trash bags during specifically published weeks commonly identified as "Special Trash Overflow Collection Weeks."
Shall mean any waste material in the process of or subject
to decomposition or decay, incident to ordinary domestic or business
use or purpose, and including, among other things, kitchen refuse,
animal or vegetable matter, and decaying and decomposing substances.
Shall mean glass bottles and jars regardless of size or color.
Shall mean any waste material, or combination thereof, which
poses a present or potential unreasonable risk or threat to the health
and/or safety of humans or other living organisms, or to property
including, but not limited to, waste material classified pursuant
to regulations issued by the New Jersey Department of Environmental
Protection (NJDEP), adopted under authority of N.J.S.A. 13:1D-9 and
13:1E-6, as amended. Hazardous substances contained in waste of a
type generated in relative quantity by a typical single-family household,
or of a type generated by a nonresidential entity that is essentially
the same as hazardous waste substances generated in relative quantity
by a typical single-family household, and commonly known as "household
hazardous waste," "commercial hazardous waste," and/or "industrial
hazardous waste" would be excluded.
Shall mean all trash as described within this subsection.
Shall mean and include vegetative material, typically generated
in the autumn when they fall from trees and then are raked from residents'
and/or commercial lawns within the Borough.
Shall mean letterhead, envelopes, magazines, colored and
white paper; junk mail, paper, bags soft cover books and chip board.
Shall mean dry paper of the type commonly referred to as
newsprint.
Shall mean other metals, except aluminum.
Shall mean containers classified under the Plastic Bottle
Code as PETE (or PET) and (HDPE).
Defined by the County of Monmouth which shall include newspaper,
mixed paper, glass bottles and jars, aluminum, tin and bimetal cans,
corrugated cardboard, plastic pourable containers (#1 and #2) and
such other materials as may be required by law to be segregated from
trash for the purpose of recycling.
Shall mean owner, lessee, occupant, or person having charge
of any dwelling house or other building in the Borough.
Shall mean all materials, other than garbage, of a type generated by a typical single-family household, or of a type generated by a nonresidential entity that is essentially the same as materials, other than garbage, generated by a typical single-family household, and not specifically listed herein as recyclables, or described as prohibited materials in subsection 16-7.1.
Shall mean motor oil, household batteries, hazardous waste,
and some packaging material. Disposal of these items is very restrictive
and complete details can be found in the Monmouth County Recycling
Directory.
Shall mean all combustible and noncombustible waste materials and substances, except brush, leaves, and recyclables, of a type generated by a typical single-family household or of a type generated by a nonresidential entity that is essentially the same as waste materials and substances generated by a typical single-family household including, but not limited to the following: garbage, rubbish, plastic, paper, textiles, rags, clothing, cartons, boxes, containers, cans, bags, broken glass, crockery, rubber, leather goods, metals, mineral matter, metal products, small appliances, and other material not defined as recyclable or prohibited material as described in subsection 16-4.1, which can fit into a container as described in subsection 16-2.3. The term "household refuse," as used within the Borough Code or within the Borough newsletter, is interchangeable with the term "trash."
[Ord. No. 2010-27]
The Borough's Department of Public Works shall only provide
regular pickup of trash for residents of single- and two-family homes,
and nonresidential entities existing within the Borough on or before
January 1, 2004, according to the Borough published schedules that
shall be available at the Borough Municipal Building, and may also
be posted on the Borough website calendar as a convenience.
[Ord. No. 2010-27; Ord. No. 2011-08]
The responsible party shall dispose of all solid waste as defined
in this Ordinance in one of the following manners:
[Ord. No. 2010-27; Ord. No. 2011-08; Ord.
No. 2016-05; amended 12-19-2022 by Ord. No. 2022-18]
a.
All containers used for garbage/trash shall be Borough designated only. Each residence or applicable nonresidential entity may obtain from the Borough free of charge one Borough approved container for trash, of any size described in subsection 16-2.3c.
b.
The Borough approved container for trash is grey in color.
c.
Fees for Additional Containers. Additional containers may be purchased
from the Borough as follows: $30 for a 35 gallon container; $50 for
a 65 gallon container; and $55 for a 95 gallon container.
[Ord. No. 2010-27; Ord. No. 2011-08; Ord.
No. 2015-09]
a.
All household trash may be placed in Borough approved containers
each having securely fastened lid, and may be placed at the outside
edge of pavement or delineated travel lanes abutting one's property,
provided the containers are placed in such a manner as not to obstruct
pedestrian, bicycle or vehicular traffic upon that portion of the
right-of-way designated therefor, after 5:00 p.m. on the evening immediately
prior to the day when the contractor and/or Borough collects trash
in that zone, and such containers shall be removed completely from
the public right-of-way within 24 hours after garbage/trash collection
is made. Containers shall be placed curbside no later than 6:00 a.m.
the day of collection. All trash items placed for collection shall
fit into its respective Borough approved container, and shall have
a lid securely fastened thereon.
b.
Placement of Containers; Time for Placement.
1.
Household trash and recyclable items may be placed in Borough approved
containers, each having a securely fastened lid, and may be placed
at or near the edge of the roadway butting one's property, provided
the containers are placed in such a manner as not to obstruct pedestrian
or vehicular traffic upon that portion of the right-of-way designated
therefor after 5:00 p.m. on the evening immediately prior to the day
when the contractor and/or Borough collects garbage/trash and recyclables
in that zone and that such containers shall be removed completely
from the public right-of-way within 24 hours after garbage/trash and
recyclables collection is made. Containers shall be placed curbside
no later than 6:00 a.m. on the day of collection.
2.
The approved container for garbage/trash is grey in color. The approved
container for recyclables is blue in color.
3.
A list of items designated as suitable for recycling is previously
defined in this ordinance.
c.
Excess Bagged Trash. During the Special Trash Overflow Collection
Weeks as published by the Borough, a responsible party may place up
to four bags of extra bagged trash for collection in accordance with
the published collection schedule. All trash items placed for collection
as extra bagged trash shall be placed in trash bags that are securely
fastened.
d.
Trash containers or excess bagged trash shall not be stored or placed
within front yard area prior to the time at which materials are permitted
to be placed at the curblines for collection. Such containers or excess
bagged trash may be stored in either rear or side areas, but if stored
in side areas, they shall be screened from the view of street areas
with planting or fencing.
[Ord. No. 2010-27; Ord. No. 2011-08]
The contractor and/or Borough shall provide regular pickup of
recyclables according to the published schedules.
[Ord. No. 2010-27; Ord. No. 2011-08]
a.
The list of items designated as "recyclables" is outlined in subsection 16-1.2, Definitions, and is also available at the Borough Clerk's Office, and may also be posted on the Borough website as a convenience.
b.
Separation Mandatory. It shall be mandatory for the responsible party
of each dwelling, house or other building in the Borough of Fair Haven
to separate all recyclables from all trash placed for pickup and collection.
c.
Packaging of Recyclables. Used newspaper, other paper, and corrugated
cardboard shall be packaged as described in the published Borough
newsletter. All other recyclables placed for collection by the Borough
shall be placed in Borough approved containers only.
[Ord. No. 2010-27; Ord. No. 2011-08]
a.
The responsible party shall dispose of all solid waste and recyclables
in one of the following manners:
b.
All nonresidential entities existing within the Borough after January
1, 2004 shall only dispose of recyclables privately.
[Ord. No. 2010-27; Ord. No. 2011-08]
a.
All recyclables as outlined in this chapter shall be placed in the
same Borough-issued recycling containers in the single stream method.
All recycling shall be placed in the automated recycling containers
as provided or approved by the Borough.
b.
The Borough approved container for recycling is blue in color.
c.
Fees for Additional Recycling Containers. Additional containers for
recycling may be purchased from the Borough as follows: $30 for a
35 gallon container; $50 for a 65 gallon container; and $55 for a
ninety-five gallon container.
[Ord. No. 2010-27; Ord. No. 2011-08; Ord.
No. 2015-10]
a.
All recyclable items may be placed for collection in Borough approved
recycling containers, each having a securely fastened lid, and may
be placed at the outside edge of pavement or delineated travel lanes
abutting one's property, provided the containers are placed in such
a manner so as not to obstruct pedestrian, bicycle or vehicular traffic
upon that portion of the right-of-way designated therefor, after 5:00
p.m. on the evening immediately prior to the day when the contractor
and/or Borough collects recyclables in that zone, and such containers
shall be removed completely from the public right-of-way within 24
hours after the collection is made. Containers shall be placed curbside
by no later than 6:00 a.m. on the day of collection.
b.
Recycling containers shall not be stored or placed within front yard
area prior to the time at which such containers are permitted to be
placed at the curblines for collection. Such containers may be stored
in either rear or side areas, but if stored in side areas, they shall
be screened from the view of street areas with planting or fencing.
[Ord. No. 2010-27; Ord. No. 2011-08]
From the time of placement at the curb by any resident of any
recyclable for collection in accordance with the terms hereof, such
recyclable shall be and become the property of the municipality. It
shall be a violation of this section for any person unauthorized by
the municipality to collect or pick up or cause to be collected or
picked up any such other recyclable during the twenty-four-hour period
commencing at 4:00 p.m. on any day preceding a day designated for
collection by the municipality in accordance with the terms hereof.
Any and each such collection in violation hereof from one or more
residences during the twenty-four-hour period shall constitute a separate
and distinct offense punishable as hereinafter provided.
[Ord. No. 2010-27]
This section is in no way intended to prohibit separate recycling
drives by nonprofit or charitable organizations authorized by the
Governing Body on days other than those designated for collection
by the Borough.
[Ord. No. 2010-27; Ord. No. 2011-08; amended 12-19-2022 by Ord. No.
2022-18]
a.
Bulk item curbside collection by the Borough is available for single-
and two-family residential dwellings only. Any responsible party of
any single- or two-family residential dwelling within the Borough
seeking bulk item curbside collection, including any such party who
is relocating in or out of the Borough, shall arrange in advance at
Borough Hall for the pickup of bulk items by the Department of Public
Works. A special pickup may include bulk items from more than one
Fair Haven Borough property, provided the bulk item is picked up from
a single location. The responsible party shall place upon each major
appliance placed for curbside collection an appliance pickup sticker,
which may be obtained from the Borough. The number of scheduled bulk
item collections per week at a particular property shall be in the
discretion of the Borough.
b.
(Fees restated at subsection 2-56.1, Fee Schedule.) The responsible party shall pay a nonrefundable bulk item pickup fee of $50 for up to five bulk items placed for collection plus $10 for each additional item, and $25 for each additional major appliance included in the pickup. Bulk items shall not be placed curbside for collection prior to the scheduling for pickup and remitting of the appropriate fee to the Borough.
c.
In lieu of each bulk item placed for collection, Borough residents
who are relocating in or out of the Borough may place a sealed bag
of trash.
[Ord. No. 2010-27; Ord. No. 2011-08; Ord.
No. 2015-11; amended 12-19-2022 by Ord. No. 2022-18]
a.
Placement of Brush and Leaves. Residents shall place brush and leaves
at the outside edge of pavement or delineated travel lanes for collection
only during the days and times as may be designated by the Borough
Council and/or published in the Leaf and Brush Collection Schedule.
Brush and leaves shall be placed separately in the street adjacent
to the curb and abutting the party's property. Brush and leaves shall
not be placed in plastic bags or other types of containers, except
for properties on River Road. Piles of brush or leaves shall not obstruct
pedestrian, bicycle or vehicular travel lanes.
b.
Grass Clippings, Rakings and Plantings; Placement Prohibited. Grass
clippings, rakings and plantings shall not be placed, raked, blown
or otherwise caused to be disposed upon the Borough streets or curbs.
They shall not be picked up by the Borough.
c.
Brush and Leaf Violations: (Fines restated at 2-56.1, Fee Schedule.)
First offense: Warning
Second offense: $100
Third or more offenses: Court appearance required
[Ord. No. 2010-27; Ord. No. 2011-08]
a.
The responsible party may deliver bulk trash and recyclables to the
Borough Public Works facility during times designated by the Borough
Council. A fee for major appliances is required and may be found in
the fee ordinance. No one other than a responsible party as herein
defined shall deliver or cause to be delivered materials to the Borough
Public Works facility. Each such responsible party shall present proof
of such status when requested.
b.
All Borough residents who desire to dispose of refuse and recyclables
at the Borough Public Works facility during the designated hours shall
present proof of legal residence in Fair Haven which will permit access
to the Borough Public Works facility.
c.
Persons utilizing the Borough Public Works facility must comply with
the following:
1.
Proof of residency must be provided upon entering the facility.
2.
Drivers must enter and exit using extreme caution following posted
traffic patterns/directions. Pedestrians have the right-of-way at
all times.
3.
Unattended vehicles must be in park, emergency brake on, and engine
shut off. No idling vehicles are permitted.
4.
Children under age 10 must remain in their vehicle for their own
safety.
5.
Pets are prohibited from being walked or loose in the facility, and
should remain in the vehicles.
6.
Any incident should be reported immediately to the Department of
Public Works personnel.
7.
Recyclables should be placed in proper bins and must not be thrown.
8.
Directions or instructions of Public Works employees must be followed
at all times.
9.
No loitering or unauthorized access to the Public Works facility
is allowed.
10.
All items disposed of at the Public Works facility shall be considered
Borough property and shall be further disposed of according to the
Borough policy.
[Ord. No. 2010-27; Ord. No. 2011-08]
a.
Major appliances may be delivered to the Borough garage, provided
an appliance drop-off sticker is affixed thereto. Major appliance
drop-off stickers may be obtained by responsible parties from the
Borough during normal office hours.
b.
The responsible party shall pay to the Borough a major appliance
drop-off fee of $15 for each major appliance to be delivered to the
garage.
c.
The responsible party utilizing the Borough garage must comply with
the following:
1.
Proof of residency must be provided upon entering the facility.
2.
Drivers must enter, park, and exit using extreme caution following
posted traffic patterns/directions. Pedestrians have the right-of-way
at all times.
3.
Unattended vehicles must be in park, emergency brake on, and engine
shut off. No idling vehicles are permitted.
4.
Children under age 10 must remain in their vehicle for their own
safety.
5.
Pets are prohibited from being walked or loose in the facility, and
should remain in the vehicles.
6.
Any incident should be reported immediately to the Department of
Public Works personnel.
7.
Directions or instructions of public work employees must be followed
at all times.
8.
No loitering allowed.
9.
Vehicles must be parked in designated location.
d.
Recyclables deposited at the Borough Recycling Center shall be placed
in appropriate on-site containers. All individuals depositing recyclables
at the Center shall enter the garage through the main entrance gate.
[Ord. No. 2010-27; Ord. No. 2011-08]
Notwithstanding trash and recyclables as described in subsection 16-1.2, the following items are prohibited from being placed for trash, recycling, and scheduled bulk collection, or included in bulk drop and recycling off at the Department of Public Works facility.
a.
Demolition and construction materials, including but not limited
to building fixtures, bulk roof shingles, doors and windows, dimensional
framing lumber, bulk or sheets of plywood, paneling, plasterboard,
sheetrock, etc.
b.
Tree trimmings, tree stumps, brush, leaves and grass clippings.
c.
Wood pallets.
d.
Propane tanks.
e.
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block
and macadam.
f.
Industrial waste, including but not limited to: processed scrap materials,
packing materials and certain hazardous and dangerous materials, such
as acids, paints, fluorescent tubes, toxic materials and highly volatile
or explosive matter, either in liquid, gaseous or solid form.
g.
Bulk automotive parts, including but not limited to transmissions,
engines, rear ends, rims, tires, wheels, mufflers, car batteries and
other bulk items normally produced in quantity by vehicular repair
operations.
h.
Dead animals.
i.
Surgical dressings, syringes and disposable hospital-type waste items,
also known as "red bag waste." Note: Health care providers and residents
who are producing and/or creating red bag components in conducting
daily activities or are maintaining their health shall be required
to make appropriate arrangements with their suppliers to correctly
contain and process for disposal their red bag waste materials.
j.
New and used motor oils, petroleum based products or antifreeze.
k.
Hazardous waste classified pursuant to regulations issued by the
New Jersey Department of Environmental Protection (NJDEP), adopted
under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic
materials, commonly known as "commercial hazardous waste" and "household
hazardous waste," would be excluded.
[Ord. No. 2011-08]
This section is in no way intended to prohibit separate recycling
drives by nonprofit or charitable organizations authorized by the
Governing Body on days other than those designated for collection
by the Borough.
[Ord. No. 2010-27; Ord. No. 2011-08]
Any person who violates any provision of this chapter shall
be liable for a fine of $50 for the first offense (court appearance
not required); a second offense a $100 fine; and for subsequent offenses
a mandatory court appearance.
[Ord. No. 2007-25 § 27; Ord. No. 2011-08]
The Code Enforcement Officer, the municipal Department of Public
Works, a Police Officer, and any agent designated by the Borough Council,
are authorized and directed to enforce the provisions of this chapter.
The Governing Body or their designee, is authorized and directed to
establish and promulgate reasonable regulations as to the manner,
days and times for collection of trash, garbage, bulk items, brush,
leaves, and recyclables in accordance with the terms hereof.
[Ord. No. 2011-01]
The following minimum regulations are established for dumpsters
located on private property in the Borough of Fair Haven: Any dumpster
located at a commercial or industrial establishment or multifamily
building in the Borough shall be bordered on three sides by six-foot
stockade fence or block wall, with a six-foot high gate located at
the front of the dumpster; provided, further, that where the dumpster
is located abutting a building or existing structure, there shall
be required only, in addition to the gate, a border on only the two
open sides.
[Ord. No. 2011-01]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Fair Haven and/or the waters of the State so as
to protect public health, safety and welfare and to prescribe penalties
for the failure to comply.
[Ord. No. 2011-01]
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 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 a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels or storm drains) that is owned
or operated by Fair Haven Borough or other public body, and is designed
and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased or operated, including dumpsters, trash cans, garbage
pails and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, and is captured by separate storm sewers or other
sewerage or drainage facilities or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2011-01]
Any person who controls, whether owned, leased, or operated
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must insure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Fair Haven.
[Ord. No. 2011-01]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods places curbside for pickup)
[Ord. No. 2011-01]
This section shall be enforced by the Code Enforcement Officer
of the Borough of Fair Haven.
[Ord. No. 2011-01]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties outlined in Section 1-5 of the Code of Fair Haven Borough.
