[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach: Art. I, 4-10-1990 by Ord. No. 90-03-392; Art. 11, 4-12-1988 by Ord. No. 88-10-365. Sections 96-7 and
96-16A and B amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
[Amended 4-9-1997 by Ord.
No. 97-04-502]
A.
From and after the effective date of this article, the Borough of Pine Beach will collect, remove and dispose of nonrecyclable household solid wastes generated within the borough in accordance with the terms and conditions of this article and not otherwise. Recyclable materials are defined and collected under the provisions of the Borough's Recycling Ordinance, Article II of this chapter.
B.
The Mayor and Council shall provide for the collection and removal
of household solid wastes and refuse generated within the borough
unless prevented from doing so by excessive weather conditions, equipment
breakdown or other causes beyond their control.
[Amended 11-12-1998 by Ord. No. 98-12-526; 4-9-1997 by Ord. No. 97-04-502; 3-10-2021 by Ord. No. 2021-02-778]
A.
Every residential building in the Borough of Pine Beach shall be
provided one trash container and utilize the container for the purpose
of disposing of household solid waste. The container shall remain
the property of the Borough.
B.
Containers shall be kept in a serviceable condition at all times.
Use of plastic bags for normal household refuse placed into the containers
is required to maintain the appearance and usefulness of the containers
C.
Solid waste disposal containers shall not be placed at the street
for collection prior to 6:00 p.m. of the evening preceding the day
of collection and must be removed from the street by 8:00 p.m. of
the day of collection
D.
One additional container may be leased from the Borough by residents
who qualify at a fee to be established by resolution of the Borough
Council.
E.
Only Borough issued containers are authorized for disposal of household
solid waste.
[Amended 5-14-1997 by Ord. No. 97-04-502]
A.
The borough cans are not to be used for bulk items. Solid waste resulting
from incidental structural remodeling or alterations or household
furnishing or small appliances shall be limited to those materials
that may be securely placed in two 32 gallon containers on bulk collection
days only.
[Amended 11-12-1998 by Ord. No. 98-12-526]
B.
Bulk items.
[Amended 9-10-1991 by Ord. No. 91-16-417; 4-13-2016 by Ord. No. 16-01-736]
(1)
A limit of five "bulk items," defined as those household furnishings
of 50 pounds in weight or greater or of irregular shape which cannot
properly fit into allowable containers or are otherwise not in compliance
with the regulations of this article, including but not limited to
such items as mattresses, furniture and doors, will be collected by
the Borough subject to the availability of Borough resources on designated
bulk trash days. All bulk items will be kept dry.
(2)
Any solid waste materials placed at the street for collection that
are not in conformance with the regulations contained within this
article shall be removed from the street by the homeowner or occupant
within 24 hours of proper notification from the Supervisor of Public
Works.
A.
Solid waste materials resulting from extensive demolition, repair,
excavation, construction, renovation and similar activities performed
in, upon or around buildings or structures, including but not limited
to such materials as plaster, mortar, lumber, roofing materials, plumbing
and heating materials, landscaping materials and the like, are excluded
from the provisions of this article and shall not be collected by
the borough. It is the responsibility of the homeowner or occupant
to properly dispose of these materials.
B.
Hazardous household wastes, including but not limited to paint, paint
solvents, pesticides, household chemicals and other items which are
toxic, corrosive, radioactive, biologically infectious, explosive
or flammable, are excluded from the provisions of this article and
shall not be collected by the borough. It is the responsibility of
the homeowner or occupant to properly dispose of these materials.
C.
It shall be unlawful for any person or persons to burn any rubbish,
refuse or leaves within the borough.
D.
The borough will not provide trash removal and disposal services
to commercial users.
[Amended 3-14-1991 by Ord. No. 91-06-407; 11-12-1998 by Ord. No. 98-12-526]
(1)
For purposes of this subsection, any use other than a one-to-four-family
residential dwelling shall be deemed to be a commercial use. The Borough
Hall, Pine Beach Yacht Club, Pine Beach Chapel, Pine Beach Fire House,
and Pine Beach Post Office are not considered commercial use.
The governing body may establish, by proclamation, designated
cleanup periods to provide residents with a method of disposing of
various solid wastes or bulk items. These periods may be scheduled
on an intermittent basis by the governing body according to the availability
of borough resources.
A.
The governing body is hereby authorized and directed to establish
and promulgate reasonable regulations detailing the manner, days and
times for the collection of household solid wastes designated in this
article.
B.
Such regulations shall take effect only upon the approval of the
Council by the adoption of a resolution implementing the same. The
Supervisor of Public Works is hereby authorized and directed to enforce
the provisions of this article and any implementing regulations adopted
hereunder.
[Amended 4-14-1992 by Ord. No. 92-5-426]
Any person violating any provision of this article shall be
subject to a fine not to exceed $1,000, imprisonment in the Ocean
County Jail for a period not to exceed 90 days or community service
for a period not to exceed 90 days.
[Adopted 4-12-1988 by Ord. No. 88-10-365]
This article shall be known and may be cited as the "Recycling
Ordinance of the Borough of Pine Beach."
The words, terms and phrases used in this article shall have
the following meanings:
Empty all-aluminum beverage and food containers.
Includes aluminum top with steel sides and bottom.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Corrugated brown cardboard.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Those properties used primarily for commercial purposes.
[Amended 11-12-1998 by Ord. No. 98-12-526]
Includes green, brown, and clear glass, aluminum cans, tin
cans, bimetal cans, plastic soda bottles, plastic milk jugs, gable
top containers, and aerosol cans placed together in one collection
container.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Empty steel or tin food or beverage containers.
Quart, one-half gallon dairy, juice and iced tea containers
made of waxed cardboard.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Carbon, alkaline, button or other types of dry cell batteries.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Those facilities that house or serve groups of people, including
but not limited to schools and governmental offices.
Includes envelopes, office paper, brown bags, magazines and
junk mail.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded, however, are newspapers which have been soiled.
Newspapers shall be deemed soiled if they have been exposed to substances
or conditions rendering them unusable for recycling.
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the Borough
of Pine Beach.
Includes containers which held soda, milk, water, food, shampoo,
laundry detergent.
[Added 5-14-1997 by Ord.
No. 97-04-502]
Those materials which would otherwise become municipal solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Any occupied single-family or multifamily dwelling.
[Amended 11-12-1998 by Ord. No. 98-12-526]
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
Large household appliances, including but not limited to
refrigerators, washing machines, clothes dryers, stoves and water
heaters.
[Added 5-14-1997 by Ord.
No. 97-04-502]
[Amended 5-14-1997 by Ord. No. 97-04-502; 4-13-2016 by Ord. No. 16-01-736]
There is hereby established a program for the mandatory separation
of recyclable materials from the municipal solid waste stream by all
persons within the Borough of Pine Beach, hereinafter referred to
as the "municipality". The program will be in compliance with the
rules and regulations of the Ocean County Department of Solid Waste
Management and are subject to change.
[Amended 5-14-1997 by Ord. No. 97-04-502; 11-12-1998 by Ord. No. 98-12-526; 4-13-2016 by Ord. No. 16-01-736]
A.
The recyclable materials designated by the Ocean County Department
of Solid Waste Management shall be put in a container separate from
other solid waste and placed at the curb or such other designated
area for collection at such times and dates as may be hereinafter
established in the municipality's recycling regulations.
B.
Metal items. A metal recycling dumpster is provided at the Borough
Yard for residents to drop off recyclable metal items during normal
business hours. Consult the recycling calendar for information regarding
hours of operation and what is acceptable.
[Amended 12-11-2019 by Ord. No. 19-07-760]
[Amended 5-14-1997 by Ord. No. 97-04-502; 6-8-2005 by Ord. No. 5-12-614]
A.
Purpose. The purpose of this section is to establish requirements
for the proper handling of yard waste in the Borough of Pine Beach,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
C.
Prohibited conduct. The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this section.
D.
Enforcement. This section shall be enforced by the Code Enforcement
Officer and/or the Police Department of the Borough of Pine Beach.
E.
Penalties. Any person(s) who continues to be in violation of the
provisions of this chapter, after being duly notified, shall be subject
to a fine not to exceed $1,000 and/or incarceration in the county
jail for up to 90 days for each, and every violation.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the municipality in its recycling regulations.
These materials may either be delivered to the individual's or organization's
site or they may be placed at the curb for collection by said individual
or organization on days not designated as recyclable material collection
days in the municipality's recycling regulations. Said individuals
or organizations may not collect recyclable materials on or within
the 24 hours immediately preceding a regularly scheduled curbside
collection day and shall, prior to June 1 of each year, provide written
documentation to the municipality of the total amount of material
recycled during the preceding calendar year.
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 96-10 of this article without prior written consent of the Borough Recycling Coordinator. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
The Recycling Coordinator is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 96-10 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Council by adoption of a resolution implementing the same. The Recycling Coordinator is hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.
A.
B.
Any person, firm or corporation violating any provision of this article other than § 96-13 or any regulations adopted hereunder shall be subject to one or more of the following: a fine of not less than $25 nor more than $1,000, imprisonment for a period not to exceed 90 days or community service for a period not to exceed 90 days for each offense.[2]
D.
Each and every day in which a violation of any of the provisions
of this article exists shall constitute a separate offense.
The Council of the municipality may exempt persons occupying commercial and institutional establishments from the source separation requirements of § 96-11 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 96-10 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.
