[Ord. No. 16-2013 § 12-1; Ord. No. 22-2017]
As used in this chapter:
- COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ESTABLISHMENTS
- Not participating in the City of Lambertville's garbage collection may participate and pay the fees as by resolution of the Governing Body annually.
- CONSTRUCTION MATERIALS
- Are defined as any sheetrock, wood, cinder block, insulation or other refuse removed from a property during the construction/reconstruction phase of a project.
- Shall mean a receptacle or a flexible covering with a lid and drainage for the purpose of storing garbage or recycling.
- Shall mean the refuse of animal and vegetable matter which has been used or intended for food, unwanted useless material that cannot be recycled.
- MISCELLANEOUS REFUSE
- Shall mean all daily waste from private residences, hotels, restaurants, and other places of business and applies particularly to such articles as old shoes, carpets, broken crockery or glass, and such other articles that cannot be recycled; but it does not include anything like building materials.
- The City shall collect and recycle the items which are listed under Appendix B. All recycling items must be kept separate from the garbage and refuse in a container with a lid and must be marked with a large "R" or label or other means which identifies the contents as recycling materials. (Appendix B may be found at the end of section 12-4.)
- THIRD CAN FOOD WASTE RECYCLING PROGRAM
- Residents participate at will; Commercial, Industrial and Institutional Establishments participating in the City of Lambertville's garbage collection are required to participate in the Third Can Food Waste Recycling Program and pay an annual fee. The following fees will be set by resolution of the Governing Body annually:
[Ord. No. 16-2013 § 12-1.1]
The occupant of every dwelling unit, office and business where garbage is accumulated shall be entitled to place four bags or containers of regular household trash, which cannot be recycled, each week on their designated day for collection by the City of Lambertville. Each bag or container shall: weigh less than 40 pounds, be less than four feet in any dimension, have a means of draining water and have a lid. The receptacles along the street are for use by visitors to the City and not for placement of household or commercial trash.
[Ord. No. 16-2013 § 12-1.2]
Each container shall be placed on the curb by 7:00 a.m. on the designated collection day for that area. The container shall not be placed on the curb before 5:00 p.m. of the day before the designated collection day and shall be removed by 7:00 a.m. of the day after the designated collection day. Failure of a residence to abide by the rules and regulations of this section may be fined up to $250 for each violation of noncompliance.
[Ord. No. 16-2013 § 12-1.3]
Miscellaneous refuse shall be collected and removed from all private residences, and other places of business in the City which comply with the established regulations. All refuse intended for collection must be deposited by householders in receptacles suitable for that purpose and which can be readily handled by one man, and have a lid. All such receptacles shall be placed at points accessible to collectors.
[Ord. No. 16-2013 § 12-1.4]
The Mayor and Council shall have the power and duty to establish proper rules and regulations governing the collection of garbage and miscellaneous refuse not inconsistent with the provisions of this section, and to fix the time for such collections and to change the time of such collections whenever in their judgment, such changes shall be necessary or advisable.
[Ord. No. 16-2013 § 12-1.5]
No person other than the owner or authorized collector shall interfere with or disturb any garbage or miscellaneous refuse after it shall have been put in a receptacle as aforesaid and placed in an accessible place for collection, nor shall any unauthorized person molest, burden, delay or in any manner interfere with any collector of garbage or refuse in the discharge of his duty.
[Ord. No. 16-2013 § 12-1.6]
All containers used for the purpose of storing garbage or recycling must have a lid and not hold water or liquids.
[Ord. No. 16-2013 § 12-1.7]
It shall be unlawful for the occupant of any dwelling, house, store or other building to place on any public street or other public place, any garbage or other waste containing water, unless such garbage or other waste has been thoroughly drained of its moisture and wrapped up in substantial paper, and deposited in a suitable receptacle.
[Ord. No. 16-2013 § 12-1.8]
All waste paper, excelsior, rags, old clothes, bedding or other rubbish or refuse of a like nature, which will scatter if loose, shall not be placed on any public street, or place for collection, unless it is fastened together securely by tying or otherwise.
[Ord. No. 16-2013 § 12-1.9]
Beginning November 1 and ending December 31 of each year, leaves shall be placed in piles along the curb line of the street. The piles shall not exceed five feet in width from the curb line. The Director of Public Works of the Mayor's designee may require that leaves be bagged and shall provide the public with notice of such requirement.
All weeds and similar growth clippings shall be placed in a container so that they may be easily emptied in the collector's vehicle.
Hedge and shrubbery clippings, tree trimmings and garden waste will be collected if tied in bundles not to exceed four feet in length and not to exceed two feet in diameter. The total volume placed at the curb for one day's pickup will not exceed 10 bundles and must be placed so that they will not spill out in the gutter, street or on sidewalks.
The City will not remove and/or chip trees.
[Ord. No. 16-2013 § 12-2]
Beginning April 15 through October 15 of each year, the residents and businesses of the City can drop off grass clipping at the Public Works Department between the hours of 9:00 a.m. and noon Monday through Saturday.
Grass clippings shall be kept separate from not disposed of with regular garbage and refuse which is collected by the Public Works Department.
[Ord. No. 16-2013 § 12-2.1]
No person shall encumber or obstruct any street or other public place in the City by placing therein or thereon any dumpster or other similar container commonly used for the collection of building materials, except in compliance with the provisions of this section and with a permit issued in accordance herewith.
[Ord. No. 16-2013 § 12-2.2]
As used in this section:
- Shall mean the City of Lambertville.
- Shall mean a container or debris-transfer body commonly used for the placing and/or collection of debris and building materials during building construction and/or renovations.
[Ord. No. 16-2013 § 2.3]
Any person desiring a permit shall make written application therefor to the City Clerk specifying the exact proposed location of such dumpster, container or other receptacle, the size and capacity thereof, the name of the owner of the abutting property, the length of time that the use is required, and such other information as may be required by the City Clerk.
All such dumpsters or similar containers shall bear an identification number assigned by the State, and the name, address and telephone number of the person responsible therefor.
All such dumpsters, containers or other receptacles that remain on the public streets or sidewalks during the hours between sunset of one day and sunrise of the next day shall be equipped with suitable reflectors, or such other warning devices, as may be required by the City Clerk. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of 500 feet.
Unless the length of time on the subject permit is specified, any permit issued pursuant to this section shall only by valid for 48 hours.
[Ord. No. 16-2013 § 12-2.4]
The application for a permit shall be accompanied by a fee of $50. In addition, the City Clerk may in her discretion require an indemnity deposit not to exceed $500 to reimburse the City for the cost of any extraordinary cleanup or repairs which may be incurred by the City as a result of the use permitted. This deposit, or any unused portion thereof, shall be refunded in the event that there are no extraordinary cleanups or repairs.
[Ord. No. 16-2013 § 12-2.5]
Each application for a permit authorized under this section shall be accompanied by a policy or certificate of insurance, including the applicant and the City as named insured's and evidencing general liability coverage to protect the public from bodily injury or property damage sustained as a result of the use of such dumpsters or other similar container. Such policy or certificate shall contain limits of at least $100,000/$300,000 for bodily injury and $50,000 for property damage and shall provide at least 30 days' notice of cancellation to be afforded to the City Clerk.
[Ord. No. 16-2013 § 12-2.6]
No permit shall be granted by the City Clerk for a term longer than seven days.
Permit is renewable for additional seven-day period at the discretion of the public Works Director for an additional fee of $100 for each additional application for permit that is filed.
Upon the expiration of the permit, the permit holder shall remove or cause to be removed the dumpster or similar container from the sidewalk, street or public place.
[Ord. No. 16-2013 § 12-2.7]
The City Clerk may in her discretion refuse to issue a permit if she deems same to constitute a danger to public safety, or an unwarranted interference with the efficient movement of traffic.
The City Clerk may revoke a permit for the same reasons, and if the dumpster or similar container is not removed within 24 hours after notification, may arrange to have the same removed by the company at the property owner's cost and expense.
If the City Clerk shall determine that an emergency situation exists with regard to the dumpster or other similar container, she may remove same without notice, at owner's expense.
[Ord. No. 16-2013 § 12-2.8]
No dumpster or other similar container shall be placed within 10 feet of a fire hydrant.
No dumpster or similar container shall be placed within five feet of an adjacent property owner's driveway.
No dumpster or other similar container shall be placed closer than 25 feet from an intersection or further than six inches from a curb.
The area beneath and surrounding the dumpster or other similar container shall be kept cleaned, and upon removal of same, the street or roadway shall be swept clean of all loose debris and restored to its former condition.
The dumpster or other similar container shall not be filled higher than four inches from the top edge to prevent debris or materials from falling or being blown onto the streets.
[Ord. No. 16-2013 § 12-2.9]
Any dumpster or other similar container in violation of this section shall be removed by the permit holder after 12 hours oral notice given to the owner thereof by the City Clerk.
Notwithstanding paragraph a above, any dumpster or other similar container situated in such a manner as to obstruct an adjacent owner's driveway or create traffic or road hazard shall be moved immediately upon notice given to the owner thereof by the Police Department.
[Ord. No. 16-2013 § 12-3.1; Ord. No. 22-2017]
The rules and regulations of this section are mandatory for all occupants of residential, commercial and institutional establishments located in the City of Lambertville.
Any recyclable placed at the curbside for pickup or deposited at a residential complex depot shall be and become the property of the City or its authorized agent. It shall be a violation of this section for any person or company unauthorized by the City to collect or pick up or cause to be collected or picked up any such recyclable. Each such collection or pickup in violation hereof is an offense subject to a fine of up to $200. Multiple collections or pickups are deemed multiple separate and distinct offenses.
The provisions of this section may be enforced by the Recycling Coordinator and/or the Recycling Enforcement Specialist of Hunterdon County, the Municipal Building Code Official or a designated officer of the City.
No recyclable that is being collected as part of the municipal recycling program may be donated or sold to or received by any person, partnership or corporation (whether operating for profit or not for profit) unless said person, partnership or corporation has first received written authorization from the Recycling Coordinator of the City of Lambertville.
The Recycling Coordinator of the City is hereby authorized and directed to establish and promulgate reasonable rules and regulations as to the recycling plan for the City. The recycling plan shall include Appendices B, C, and D of this section. Such rules and regulations shall be effective no earlier than 30 days nor later than 90 days from the date of promulgation and publication of said rules and regulations. The Mayor and Council of the City may, by majority vote, change, modify, repeal or amend any portion of said rules and regulations.
Appendix A which may be found at the end of this section creates the position of Recycling Coordinator and contains the Recycling Coordinator's Job description.
Appendix B which may be found at the end of this section establishes a collection schedule and collection requirements for the City of Lambertville.
Appendix C which may be found at the end of this section designates materials that are required to be recycled by the occupants of residential commercial and institutional premises pursuant to the Hunterdon County Recycling Plan.
Appendix D which may be found at the end of this section designates materials that are to be recycled in the City of Lambertville.
[Ord. No. 16-2013 § 12-3.2]
Because of changing markets for recyclable materials, a long-term discussion on which solid waste materials should be designated as recyclable is not possible. Appendix C and Appendix D of this section contain a list of those materials which are designated as recyclable.
[Ord. No. 16-2013 § 12-3.3]
Residences are defined as single dwellings designed for occupancy by from one-family to four-family.
Each family within a residence is required to recycle all materials designated by Appendix C and Appendix D as "residential recyclables." (Appendix C and D may be found at the end of this section.)
Each category of recyclable material must be prepared for collection as specified in Appendix B as found at the end of this section.
Failure of a family within a residence to abide by the rules and regulations of this section may be fined up to $250 for each month of noncompliance.
[Ord. No. 16-2013 § 12-3.4]
Residential complexes are defined as single or multiple dwellings designed for occupancy by more than four families.
Each family within a residential complex is required to recycle all materials designated by Appendix C and Appendix D as "residential recyclables." (Appendix C and D may be found at the end of this section.)
Each category of recyclable material must be prepared for collection specified in Appendix B as found at the end of this section.
The owner of each residential complex is responsible for providing a recycling depot for the entire complex. The depot shall be equipped with owner or contractor supplied receptacles for each category of designated recyclable material. Access to the depot shall be controlled by the owner or his agent(s); however, access to the depot for the families of the residential complex must be scheduled at least once a week for at least a two hour period and access to the depot must be made available to the recyclables collector between 7:00 a.m. and 4:00 p.m. on collection days.
Failure of a family within a residential complex to abide by the rules and regulations of this section may be fined up to $250 for each month of noncompliance. Failure of an owner (or his agent) to abide by the rules and regulations of this section may be fined up to $250 for each month of noncompliance.
[Ord. No. 16-2013 § 12-3.5]
Commercial, industrial and institutional establishments are defined as all entities which operate or conduct any business whatsoever which cannot be included within the definitions of a residential premises or complex.
Each commercial, industrial and institutional establishment is required to recycle all materials designated by Appendix C and Appendix D as "commercial, industrial and institutional recyclables." (Appendix C and D may be found at the end of this section.)
Commercial, industrial and institutional establishments may be exempted from recycling all materials designated by Appendix C and Appendix D as "commercial, industrial and institutional recyclables" provided at least one commodity is recycled. This exemption must be applied for and approved by the Recycling Coordinator and must be made in writing. Included with the request must be evidence showing that the applicant will implement an individual establishment's alternate recycling plan identifying the material(s) that will be recycled and presents that an excess of 50% of the solid waste generated by the applicant will be recycled. A temporary one time three-month exemption may be granted without supporting evidence at the discretion of the Recycling Coordinator; however, at the end of the three-month period the establishment must reapply for exemption with evidence collected during the three-month period. All regular exemptions (non temporary exemptions) will expire December 31 of each year. Exemptions must then be reapplied for no later the January 31 of the next year.
Designated recyclables as described in Appendix C and Appendix D must be delivered to a State approved recycling facility at least once a month. Weight slips detailing the date, type of recyclables and the weight (in pounds or tons) must be delivered to the City Clerk no later than the 15th of the month for the preceding month.
Failure of a commercial or industrial establishment to abide by the rules and regulations of this section may be fined up to $250 for each month of noncompliance.
[Ord. No. 22-2017;Ord. No. 16-2018]
The intent of this subsection is to adopt regulations relating to and limiting the use of single-use plastic bags, polystyrene foam and Styrofoam containers and plastic straws by businesses in the City of Lambertville. The regulations are intended to assist the City with the elements in the PARIS Accord and in reducing our carbon footprint by promoting products that will protect the environment, wildlife, and the public health and welfare and safety of our community as a whole. The process will be phased in with Phase I as a voluntary opt-in program beginning October 1, 2018, and Phase II will be mandatory beginning on January 1, 2020.
- BUSINESS OR STORE
- Shall mean for the purpose of this subsection, any retail. The definition shall mean and include, but is not limited to pharmacies, supermarkets, farmers markets, grocery stores, convenience stores, clothing stores and food service establishments.
- FOOD SERVICE ESTABLISHMENT
- Shall mean any establishment which serves made-to-order food or beverages for dine-in, takeout, or delivery.
- GOODS AND PRODUCTS
- Shall mean things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, farmers markets, prepared food, foodstuffs, meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
- PRODUCE BAG OR PRODUCT BAG
- Shall mean any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag.
- RECYCLABLE PAPER CARRYOUT BAG (PREFERRED, NOT REQUIRED)
- Shall mean a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is 100% recyclable overall and contains a minimum of 40% postconsumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of American Society of Testing and Materials (ASTM) Standard 06400; (4) is accepted for recycling in curbside programs in the City; (5) has printed on the bag the name of the manufacturer, the location where the bag was manufactured, and the percentage of postconsumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag.
- Shall mean the sale of goods and products for use and/or consumption.
- REUSABLE BAG
- Shall mean a bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from a material that can be cleaned and disinfected regularly, is at least 2.25 mil thick if made from plastic, has a minimum lifetime of 75 uses, and is capable of carrying a minimum of 18 pounds.
- SINGLE-USE, PLASTIC CARRYOUT BAG
- Shall mean a bag, sheet or receptacle produced or manufactured from material commonly known as "plastic" or "polyethylene" provided at the check-out stand, cash register, point of sale, or other point of departure for the purpose of transporting goods or products out of the establishment. The term single-use, plastic carryout bag does not include reusable bags or garment bags.
Regulation of Single-Use, Plastic Carryout Bags.
The regulation of Single-Use Plastic Carryout Bags shall be phased in as follows:
PHASE I (opt-in beginning October 1, 2018).
Voluntary: During the first 10 months of the program, participation shall be voluntary. Businesses or Stores will be solicited by the Environmental Commission to participate on a voluntary basis. The Environmental Commission shall track progress and work with the Recycling Coordinator to create a tracking mechanism.
All data collected will be used to reinforce and assist with the enaction of Phase II of this program (the required participation).
PHASE II (mandatory beginning January 1, 2020).
No business or store shall provide any single-use, plastic carryout bags, Styrofoam and polystyrene foam container and/or plastic straws to a customer at the check stand, cash register, point of sale, as otherwise provided in this subsection.
Permitted; Paper Carryout and Reusable Bags.
All stores shall provide or make available to a customer recyclable (preferred, not required) paper carryout bags or reusable bags.
Plastic straws may be provided to customers upon request.
[Ord. No. 16-2013 § 12-4.1]
A solid waste collection system has been established within the Department of Public Works, and there is a need for collection services for curbside pickup of four bags/receptacles per unit, placed to the curb in a prescribed manner which has been established for each residential or commercial unit.
Receptacles are defined in subsection 12-1.1 "as each bag or container shall weigh less than 40 pounds and be less than four feet in any dimension and be totally enclosed." The receptacles along the street are for use by visitors to the City and not for placement of household or commercial trash.
Units are defined as Commercial or Housing Units which house one business or family per unit.
[Ord. No. 16-2013 § 12-4.2]
The fees for collection and disposal services in excess of four bags shall be established by resolution annually for the public's convenience in disposing of items which are not included in the weekly collection. The Public Works Director in conjunction with the City Clerk shall submit a list of recommended items which will be approved by resolution of the Governing Body annually.
All additional service shall be arranged through the City Clerk's Office with payment prior to the service being provided.
A tag for additional service will be provided by the City Clerk's Office upon payment for the services listed in paragraph a and shall be affixed to the item when it is placed at the curbside.
Annually, the City of Lambertville may conduct a Sparkle Week and may collect additional fees by permit. The rate will be established based on the current rate paid by tonnage, set and approved by Resolution of Mayor and Council with input from the Public Works Director and City Clerk.
Electronics can be picked up at the curb for recycling for a fee which will be established by resolution.