As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparing, cooking and consumption of food.
PREMISES
Any residence or place of business or commerce where garbage, refuse, rubbish or recyclables are accumulated.
RECYCLABLES
Any designated recyclables as provided for in Article I of this chapter or by resolution, rule or regulation promulgated thereunder.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, metal or wooden scraps, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
TOWNSHIP COLLECTION SYSTEM
Such system as may be employed by the Township, either through the use of Township personnel and equipment, or through such person, firm or entity as may be contracted by the Township to provide for collection and disposition of garbage, refuse rubbish and recyclables.
This section shall apply to all garbage, refuse, and rubbish to be picked up by the Township Collection System.
A. 
No garbage, refuse or rubbish shall be collected by the Township Collection System except as may be from time to time provided by ordinance or resolution of the Council. A true copy of any ordinance providing for the manner, terms and schedule of days for the collection of garbage, refuse or rubbish shall be maintained on file in the Office of the Township Clerk for inspection by the public during normal business hours.
B. 
No person shall place any garbage, refuse or rubbish for pickup at the curbside of the street in front of any premises except in the manner and on the scheduled days as may be provided by this section.
C. 
Residential sources shall be allowed to place solid waste at the curb for collection by the Township Collection System, provided that all garbage and refuse is contained in suitable receptacles. Recyclable material shall be separated from other solid waste and yard waste and recycled in a manner promulgated by the Township.
D. 
Commercial and institutional sources. All commercial and institutional sources shall be allowed to place solid waste at the curb for collection by the Township Collection System, provided that all garbage and refuse shall be contained in suitable receptacles and recyclable material and yard waste are separated from the other solid waste. Exceptions: plastic bags may not be used as the external receptacles for food waste. Bulky waste, dirt, earth, stones, broken concrete, other construction material resulting from new construction or remodeling by a contractor; leaves brush and grass produced by a private contractor; and major automobile parts or items of an unreasonable nature will not be collected by the Township Collection System. The foregoing excluded items and hazardous or contaminated refuse as defined in this article shall not be placed for collection but shall be disposed of at the expense of the owner or possessor thereof, in accordance with laws and regulations of the State of New Jersey.
No person shall place or cause to be placed any garbage, refuse or rubbish at curbside for pick up any sooner than 5:00 p.m. on the day immediately preceding the date scheduled for the collection of garbage, refuse, rubbish or recyclables, but no later than 6:00 a.m. on the day of collection. All garbage cans or containers placed at curbside for collection shall be removed from curbside not later than 7:00 p.m. on the date on which collection is made.
A. 
All garbage cans or containers used in connection with the placement of garbage, refuse, rubbish or recyclables at curbside shall be kept in a clean and sanitary condition, made of metal or plastic, with a capacity of no more than 35 gallons, with handles, solidly constructed, so as to prevent spillage or leakage of contents, and weighing not more than 50 pounds when filled and placed for collection; plastic bags, paper bags and cardboard boxes are not suitable receptacles.
B. 
Garbage cans or containers used in connection with the placement of garbage, refuse or rubbish shall not be stored in the front yard or stored on a public sidewalk or on any other public property if owned by private person or entity.
C. 
Any property owner who is unable to store garbage cans or containers used in connection with garbage, refuse or rubbish in an area permitted by this chapter shall submit to the Zoning Officer, a request for a waiver for the placement of cans and containers. Such request shall include the preferred locations documented on the application's site plan or property survey that provide for convenient disposal opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Zoning Officer. Upon recommendation of approval by the Zoning Officer, the approval shall be ratified by resolution of the Township Council.
No person shall tamper with any garbage can or other container used in connection with the placement of garbage, refuse or rubbish at curbside so as to damage the same or to cause any garbage, refuse or rubbish to be removed from such garbage cans or containers.
A. 
Property owners, business operators, landlords and tenants of a property shall each have all the duties and responsibilities prescribed in this article; and no property owner, business operator, landlord or tenant shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
B. 
Contract not to alter responsibilities. The respective duties and responsibilities imposed hereunder on the property owner, business operator, landlord or tenant shall not be altered or affected by any agreement or contract to which one or more of them is or are a party or parties.
A. 
For violation of any provision of this chapter, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the county jail or in any place provided by the Township for the detention of prisoners for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
B. 
Unlawful solid waste disposal. In accordance with N.J.S.A. 40:49-5, for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal, the maximum penalty by a fine shall not exceed $10,000.
C. 
The violation of any provision of the chapter, the minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
D. 
Unlawful solid waste disposal, in accordance with N.J.S.A. 40:49-5, for the violation of an ordinance or code provision pertaining to unlawful solid waste disposal, the minimum penalty upon conviction of the violation shall be a fine of $2,500. (N.J.S.A. 40:49-5)
If any section, sentence or any other part of this chapter is adjudged unconstitutional or invalid by any court, such judgment shall not affect, impair or invalidate the remaining provisions of this chapter, and such judgment shall be confined in its effect to the section, sentence or other part of this chapter directly involved in the controversy in which such judgment shall have been rendered.