[Amended 3-21-2017 by Ord. No. 2017-4; 7-12-2018 by Ord. No. 2018-16; 3-26-2019 by Ord. No. 2019-10; 6-22-2021 by Ord. No. 2021-15]
As used in this article, the following terms shall have the
meanings indicated:
See "receptacle."
Trash, rubbish, and any animal or vegetable waste from any
kitchen, market or store or other place, or any trash, rubbish, or
waste which, due to its animal or vegetable content, may decompose,
cause odors, attract flies or insects, or be hazardous to the public
health.
All commercial establishments, including properties that
have a mixed use of commercial and residential units. For collection
purposes, on a property containing mixed uses of multiple commercial
and residential units, each unit residential/nonresidential will be
considered separately.
Includes any individual, firm, trust, partnership, association,
corporation, company or organization of any kind.
Utilized for the collection and storage of garbage and recycling;
should be nonporous plastic or metal trash cans with handles. Each
receptacle shall have a tight-fitting cover so 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 thirty-two-gallon/fifty-pound trash cans for each collection.
No receptacle loaded for collection shall weigh more than 50 pounds.
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.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; night club; 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 types 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.
An enclosure or structure that serves to hide stored garbage
and recycling containers from public view. Such structure should be
constructed of sturdy material, resistant to high winds and inclement
weather, that is in appearance consistent, and is at least aesthetically
neutral with surroundings.
Includes 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.[1]
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.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A.
Solid waste collection. Each residential unit shall receive curbside solid waste pickup of up to five trash cans per collection day as described in § 286-12 hereof, subject to the following:
(1)
All residential properties shall be provided municipal collection
services for brush, leaves, recyclables, and bulk items in accordance
with this chapter and according to the schedules developed and announced
by the Department of Public Works.
(2)
No household trash, garbage, rubbish, or waste shall be disposed
of in any trash can containing any recyclable bottles, cans or plastic
containers.
(3)
All household trash, garbage, rubbish and waste shall be deposited
in approved containers and placed at curbside not earlier than 5:00
p.m. on the night before collection day and no later than 5:00 a.m.
on the day of collection. The containers shall be removed from the
curb or place of collection by not later than 6:00 p.m. on the day
of collection.
(4)
Cardboard materials should be separated from household trash and included with recycling pursuant to § 286-20 hereof.
(5)
All containers for storage of solid waste should be stored or kept,
as far as reasonably practicable, and appropriately shielded from
public view using screens or shields to prevent visibility of containers
from the street, and such screens or shields should not be located
in the front yard of any property.
B.
Bulk items. Contractors and subcontractors and the like are prohibited from placing any bulk items, solid waste, brush, leaves, recyclables, household furniture, bulk waste, white goods, light metal or any other items for collection and must arrange for private cartage. The Borough will collect bulk items in accordance with Article V of this Chapter 286.
C.
Holidays. The Borough will not make any collections on New Year's
Day, Thanksgiving Day, and Christmas Day, or whenever the Director
of Public Works declares an emergency, but collections will be made
on the next regularly scheduled pickup.
D.
Schedule
for residential pickup. The schedule for residential solid waste pickup
shall be periodically reviewed by the Department of Public Works to
evaluate efficiency and effectiveness of services. The DPW may make
recommendations for changes to the frequency of pickups for residential
solid waste, based upon seasonality, staffing, and other variables.
Published schedules for residential solid waste pickup may be revised
by majority vote of Council.
[Added 9-28-2022 by Ord. No. 2022-9]
A.
Nonresidential properties shall receive curbside solid waste pickup of up to five trash cans per collection day as described in § 286-12 hereof.
B.
Nonresidential properties which the Borough determines require a greater level of service than provided in Subsection A hereinabove must contract with the approved private solid waste collection for each service.
C.
Municipal buildings, firehouses, first aid squads, and charitable
organizations as defined by N.J.S.A. 45:1A-20 in the Borough shall
receive solid waste collection by the Borough or its agents on a schedule
to be determined by the Department of Public Works. All other public
buildings and nontaxpaying properties shall be considered nonresidential
properties for the purposes of this chapter.
D.
No nonresidential garbage or waste shall be disposed of in any receptacle
containing any recyclable bottles, cans or plastic containers.
E.
All nonresidential trash, garbage, rubbish and waste shall be deposited
in approved containers and placed at curbside not earlier than 5:00
p.m. on the night before collection day and no later than 5:00 a.m.
on the day of collection. The containers shall be removed from the
curb or place of collection by not later than 6:00 p.m. on the day
of collection.
F.
Cardboard materials should be separated from household trash and included with recycling pursuant to § 286-20 hereof.
G.
All nonresidential containers for storage of solid waste should be
stored or kept, as far as reasonably practicable, and appropriately
shielded from public view using screens or shields to prevent visibility
of containers from the street, and such screens or shields should
not be located in the front yard of any property.
H.
Schedule
for nonresidential solid waste pickup. The schedule for nonresidential
solid waste pickup shall be periodically reviewed by the Department
of Public Works to evaluate efficiency and effectiveness of services.
The DPW may make recommendations for changes to the frequency of nonresidential
pickups for solid waste based upon seasonality, staffing, and other
variables. Published schedules for nonresidential solid waste pickup
may be revised by majority vote of Council.
[Added 9-28-2022 by Ord. No. 2022-9]
A.
B.
Prohibited waste. The following items are prohibited from being placed
for collection:
(1)
Construction material, dirt, earth, stone, blacktop, concrete, bricks,
or 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 Department of
Health.
(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 law and regulations of the Department
of Health.
(6)
New and used motor oil: in accordance with state regulations.
(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.
(8)
Liquid waste.
A.
Receptacles or trash cans. All of the materials placed for collection
must be deposited in nonporous plastic or metal trash cans with handles.
Each receptacle shall have a tight fitting cover so 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 thirty-two gallon/fifty pound trash cans for each collection.
No receptacle loaded for collection shall weigh more than 50 pounds.
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. 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. Any new or proposed
relocated solid waste collection sites shall be submitted for authorization
and approval to the Borough for appropriate action.
C.
Defective receptacles, trash cans and dumpsters. Receptacles that
are broken or otherwise fail to meet the requirements set forth herein
shall receive written notice to the responsible party by placing a
notice, such as a sticker, on the defective receptacle. After 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).
D.
Public litter containers. No person shall deposit any solid waste
or other debris generated from their commercial or residential properties
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.
E.
Illegal dumping.
(1)
No person shall deposit, dump or place any solid waste on any property
situated in the Borough.
(2)
No person shall throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pool, lake, stream or other
body of water in or adjacent to any tributary stream, storm sewer,
or drain flowing into such water, any substance, matter or thing,
liquid or solid, which will or may result in pollution of such waters.
F.
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 for the purpose
of disposal. No waste shall be placed for collection which was not
generated from the premises of collection.
G.
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 prior to services being
provided to any premises in the Borough.
A.
Multifamily residential properties.
(1)
In the case of a parcel of real estate containing five or more dwelling
units, including condominium developments, attached housing, garden
apartments, townhouses, and parcels of real estate containing five
or more dwelling units, the owners of said dwelling units shall provide
a dumpster or a proper and sufficient number of authorized containers
to store garbage, trash, and rubbish between collections and shall
maintain said containers in good repair and in a clean and satisfactory
condition.
(2)
The dumpster or authorized containers for trash or garbage, or dumpsters,
shall be placed on the property in question in such a location as
shall be designated by the Borough of Bradley Beach and shall be screened
from view by neighboring properties and public streets.
(3)
The owners of said parcels of real property housing five or more
dwelling units as hereinabove described may not place garbage, trash
and rubbish containers at the curbside for pickup by the Borough,
but must instead maintain an area on the parcel for storage of containers
or dumpster and arrange for pickup of said containers or dumpster
by the Borough in a location approved by the Borough. The costs of
garbage, trash and rubbish removal and disposal fees will be paid
by the Borough of Bradley Beach. The costs of the containers or dumpster
and any additional cost for pickup from the designated solid waste
storage area shall be paid by the property owners and not by the Borough.
(4)
Any property owner who does not wish to have garbage, trash and rubbish
collection provided by the Borough of Bradley Beach or who cannot
provide an accessible location approved by the Borough must arrange
for private pickup and disposal. Said property owners shall submit
a copy of their contracts for solid waste collection to the Borough
of Bradley Beach if requested to do so.
B.
Retail food establishments. Every retail food establishment will
be provided with the pickup of solid waste of up to five trash cans
per collection day, provided that this schedule does not result in
the development of odors and the attraction of vermin. Every retail
food establishment that cannot comply with the foregoing conditions
as determined by the Borough, or the establishment requests more frequent
collection, shall have its own solid waste collected by a legally
qualified solid waste collector. Collections shall occur 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.
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 stored or kept, as far as reasonably practicable, so that 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.
(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
tight 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 garbage 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)
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.
Every private collector of garbage and waste shall conform to
the provisions of this chapter and the regulations of the Public Works
Department governing the collection and disposal of garbage, waste,
trash, rubbish and refuse material. No collection shall be performed
before 7:00 a.m. or after 10:00 p.m.
