[Ord. No. 2009-18]
The purpose of this article is to regulate and control the disposal of solid waste within the Borough of Hightstown.
[Ord. No. 2009-18]
As used in this article, the following terms shall have the meanings indicated:
The residue from the burning of wood, coal or other combustible materials.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
The Borough of Hightstown in the County of Mercer and State of New Jersey.
Any scrap lumber, metal, earth, sand, brick, stone, plaster, roofing or siding material or other debris of a similar nature which accumulates and is incidental to the construction, demolition or renovation of home buildings, public works or other projects.
Any animal, vegetable or fruit wastes or solids resulting from the handling, preparation or consumption of foods, but not to include human wastes.
All waste as defined by N.J.S.A. 13:1E-38c, and which shall include but not be limited to wastes which are flammable, corrosive or explosive or which, by themselves or in combination with other wastes, would be hazardous to life or property.
Any of the following days: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving and Christmas; or any other day so designated by resolution of the Borough Council..
Garbage, refuse, rubbish and all other waste material which has been discarded, including, but not limited to: any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can; any lighted or unlighted cigarette, cigar, match or any flaming or glowing material; any garbage, trash, refuse, debris, rubbish, grass clippings, lawn or garden waste; or any newspaper, magazines, glass, metal, plastic or paper containers, or other packaging or construction material.
A container suitable for the depositing of litter other than recyclable items.
Any commercial, industrial or business establishment conducting a business, whether for pecuniary profit or not for pecuniary profit, and any apartment house having more than four dwelling units, shopping mall, motel having more than four dwelling units, or retirement village within the Borough boundaries.
Includes newsprint, periodicals, cardboard and other wastepaper.
Includes the state and any county, municipality, district, public authority, public agency and any other political subdivision or public body in the state.
Items designated by the policies of the Borough, county, or state to be separated from the solid and bulk waste stream for separate collection and disposal, including, but not limited to: metal containers, plastic and plastic containers, paper, newsprint, magazines, cardboard, glass bottles, and any additional materials that may be designated by Borough, county, or state policies.
A dwelling unit inclusive of a house or a multifamily dwelling of four or fewer units.
A retail food establishment as defined in N.J.A.C. 8:24-1.5.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
Includes rags, discarded clothes, leather, rubber, carpets, wood, sawdust, furniture and other combustible solids not of a highly volatile or explosive nature, as well as crockery and other similar materials. The term "rubbish" shall not include trade waste and waste resulting from building construction, demolition or alterations.
Includes ashes, garbage and rubbish as defined in this section, and recyclables as defined in Article 18-2.
A committee appointed by the Mayor for the purpose of reviewing solid waste related issues and advising the governing body with respect to same.
Includes any accepted public street and sidewalks, curbs and alleys adjacent thereto.
All materials resulting from the conduct of any business, trade or industry, whether or not conducted for profit, including, but not limited to, paper, rags, leather, rubber, cartons, boxes, wood, sawdust, garbage, metals, metal shavings, wire, tin cans, cinders and other materials, exclusive of wastes resulting from building construction, demolition or alteration work.
Includes any and all garbage, rubbish and waste from building construction, demolition or alteration work, regardless of how originated.
[Ord. No. 2009-18]
A.
Every residential user placing garbage and rubbish, as defined by this article, for collection from, on or in connection with a residence or a residential unit within the boundaries of the Borough is subject to the rules and regulations set forth in this article.
B.
Except as provided in § 18-1-5A(3), It is the responsibility of the property owner or his agent, or the person producing any construction debris, trade waste or hazardous waste, to remove and dispose of such waste at his or her own expense by the use of a solid waste collection contractor.
C.
When a residential user chooses to clean up accumulated rubbish from his property, it is the obligation of the residential user to place such materials in such quantities and in such manner at the curb so as not to create a public nuisance or safety hazard. If the accumulation of solid waste exceeds what will fit within the container provided by the Borough, the residential user shall either limit the amount of waste placed for collection, or affix Waste Disposal Stickers as provided in § 18-1-5B, or have all or a portion of the waste removed by a collection contractor at his or her own expense.
D.
When a property is changing ownership or tenancy, all garbage, rubbish, debris and litter shall be removed and disposed of in accordance with this article prior to the issuance of any temporary or regular certificate of occupancy.
E.
It shall be the responsibility of all landlords, leasing agents or caretakers to inform tenants or lessees regarding the provisions of this article and to ensure their compliance therewith. Property owners will be held responsible for any violations of this article.
[Ord. No. 2009-18]
A.
One garbage container shall be provided by the Borough to each residential dwelling unit and nonresidential user and shall remain the property of the Borough. Each dwelling can only place their one designated garbage container out for pickup. Placing more than one container per dwelling out for pickup is a violation of this article. Each container shall be identified with a serial number and a log shall be maintained by the Public Works department of all containers distributed and their location. Users shall have a choice of a ninety-five-gallon or sixty-five-gallon container. Containers shall be maintained by the user in a clean, safe and good condition.
B.
The Borough shall not be obligated to furnish more than one garbage container for each residential dwelling unit or nonresidential user within the Borough. Requests for additional garbage containers shall be submitted to the Borough Clerk on forms provided by him or her. Each such request shall be investigated by the Borough to determine if the requestor is in compliance with all portions of Chapter 18 of the Revised General Ordinances of the Borough of Hightstown and all laws regarding recycling and the disposal of solid waste. Additional containers will be provided only in cases of extraordinary and documented need, as determined by the Solid Waste Committee, following review of the information submitted in writing by the applicant.
[Ord. No. 2009-18]
A.
General requirements.
(1)
All garbage shall be thoroughly and completely drained of all liquids before being placed in the container for pick-up.
(2)
Paint cans must be completely empty and dry prior to disposal. Any resident disposing of liquid paint in any quantity will be held responsible for damages to Borough equipment and roadways that may result.
(3)
Small amounts of construction debris will be collected only to the extent that the debris is contained entirely within the container provided by the Borough. The purpose of this provision is to provide a means for homeowners making small repairs on their own to dispose of the resulting debris. It is not intended to provide a means of disposal for debris generated by outside contractors.
B.
Bulky items, white goods and metal items; waste disposal stickers required.
(1)
Acceptable bulky waste items, white goods and metal items will be collected by the Borough by appointment only, provided that each item to be disposed of has a waste disposal sticker attached. No bulky or metal item will be collected without such sticker attached. One sticker shall be required for each such item to be placed for collection.
(2)
Waste disposal stickers will be available at the office of the Borough Clerk and at the Borough Public Works office during normal business hours. In addition, stickers may be sold through commercial/retail outlets located in the Borough, if so approved by resolution of the Borough Council. The cost for each sticker shall be established by resolution of the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(3)
Borough employees engaged in the performance of collection duties are forbidden from collecting monies on the Borough's behalf for disposal of any bulky items, white goods or metal items, or for the collection of any additional garbage, or for selling or otherwise distributing any waste disposal sticker, except as authorized by this article. It shall be unlawful for any property owner or user to offer money or any other form of compensation to the Borough's employees or agents for same.
C.
Special items; right to refuse collection; waste disposal sticker required.
(1)
Carpeting must be cut into 36 inches widths, rolled and tied into bundles not heavier than 45 pounds. Bundles of identical carpeting shall be considered to collectively comprise one item, and shall require one waste disposal sticker to be placed on one of the bundles.
(2)
No refrigerator, freezer or airtight compartment units shall be placed at curbside until all doors and/or closures have first been removed from the hinges.
(3)
In compliance with environmental regulations, freon must be removed by an authorized contractor from all refrigerators, freezers, air conditioning units, dehumidifiers and any other item containing freon, and contractor's certification of same provided to the Borough, prior to disposal of such items.
(4)
Items placed for collection which are not in compliance with this section, or which do not have the required waste disposal sticker attached, will not be collected by the Borough, and must be removed from the curb within 24 hours.
(5)
The Borough reserves the right to refuse collection of certain bulky or heavy items.
D.
Storage of certain items in residential zones. In all locations zoned for residential purposes, the storage of the following items is prohibited:
[Ord. No. 2009-18]
A.
Except as provided in § 18-1-15, each container of solid waste shall be placed in the street with wheels against the curb and on level ground, so that it is not easily overturned or upset.
B.
If any container of solid waste is overturned or upset other than by a Borough employee, the property owner, tenant or person placing the solid waste for municipal collection shall promptly clean up such solid waste and replace it in the container.
[Ord. No. 2009-18]
A.
No person shall place at the curbside or in any container for the purpose of collection any explosive, highly flammable materials or hazardous waste, including but not limited to benzene, gasoline and other petroleum by-products, explosive powders, fluorescent light tubes and bulbs, chlorinated solvents, pesticides, herbicides and other hazardous materials.
B.
Except as provided in § 18-1-5A(3), the Borough will not dispose of vehicles, tires, vehicle batteries, auto and truck bodies or parts thereof, construction debris, scrap wood, tiles, wallboard, fencing, decking, computer equipment, electronic equipment, oil-based paint, or latex paint in liquid form. Disposal of these items is the responsibility of the resident.
C.
Under no circumstances, except as provided in § 18-1-5A(3), shall any of the materials referenced in Subsections A and B above be collected by the Borough or the Borough's authorized agents, and it shall be a violation of this article for any property owner, lessee or occupant to place such materials (either separately or commingled with other materials) for collection by the Borough.
D.
Recyclable materials and grass clippings shall be separated and disposed of as set forth in Article 18-2 of the Borough Code.
E.
The Borough reserves the right to inspect garbage placed for collection and to refuse collection of any garbage containing prohibited materials, recyclable materials or grass clippings.
[Ord. No. 2009-18]
A.
Receptacles for collection of solid waste from nonresidential users, other than containers supplied by the Borough, must be of the dumpster type that can be mechanically dumped in the collector's vehicle. They must have a closure or lid to prevent the contents from being scattered by the wind. Containers shall be cleaned and sanitized as required.
B.
Nonresidential users shall arrange to have solid waste removed daily unless suitable facilities are provided for the storage of solid waste until its removal.
[Ord. No. 2009-18]
A.
Except as provided in Subsection B below, business establishments, residents and tenants of rental properties located in Block 23 and Block 33 of the Borough of Hightstown shall be permitted to utilize municipal garbage dumpsters located in the Stockton Street parking lot at no charge. Each such business establishment or household shall be entitled to dispose of the equivalent of one ninety-five-gallon container of solid waste per week.
B.
Licensed food establishments located in Block 23 or Block 33 of the Borough of Hightstown shall be permitted to utilize municipal garbage dumpsters located in the Stockton Street parking lot, provided that a written agreement is entered into between the Borough and the licensed retail food establishment, and that the food establishment pays a share of the Borough's cost for the provision of such service. A schedule of fees shall be established by Resolution of the Borough Council for services provided under this section, and shall be updated as necessary in order to ensure the fair distribution of costs among the users. Fees not paid within 30 days of assessment by the Borough shall constitute a lien against the property where the licensed retail food establishment is located, and such services shall cease until full restitution has been made. Property owners will be held responsible for any violations of this article.
C.
Materials prohibited by § 18-1-7, Prohibited materials, shall not be disposed of in the municipal garbage dumpsters located in the Stockton Street parking lot.
D.
No persons or establishments other than those specified in this section shall be entitled to utilize the municipal garbage dumpsters located in the Stockton Street parking lot. The unauthorized use of said dumpsters, or the placement of prohibited materials in same, shall constitute a violation of this article and shall be subject to penalties as set forth in § 18-1-21.
E.
It shall be the responsibility of the business establishment owner to properly dispose of all solid waste and garbage in the municipal garbage dumpsters. No solid waste or garbage shall be deposited or placed outside of the dumpsters.
[Added 2-22-2022 by Ord. No. 2022-01]
F.
It shall be the responsibility of the business establishment owner to break down all cardboard boxes and properly dispose of all cardboard in the municipal recycling dumpster. No cardboard shall be deposited or placed outside of the recycling dumpster.
[Added 2-22-2022 by Ord. No. 2022-01]
[Ord. No. 2009-18]
No person or persons shall interfere with any agent, servant or employee of the Borough, or any authorized contractor or collector of solid or bulk waste or recyclable material, or employees of same engaged in the discharging of their duties, or prevent the discharge of such duties.
[Ord. No. 2009-18]
A.
No person shall willfully overturn, spill out or scatter garbage, trash, rubbish or solid waste placed at curbside for collection by the municipal collector or any contracted collector.
B.
Vehicles traveling on roads within the limits of the Borough shall not discharge materials defined in this article as garbage, paper, petroleum products, chemicals or materials that may be considered a nuisance. In addition, no person may discard litter or solid waste of any kind on a public walk or street or onto private or public property.
C.
The owner or operator of any vehicle that enters or leaves a property and which casts dirt, stones or solid waste on a thoroughfare shall be responsible for the cleanup of such materials. Failure to promptly perform such cleanup shall be a violation of this article.
D.
Construction sites. It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of waste before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate all waste material at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage.
[Ord. No. 2009-18]
Recyclable materials such as glass, aluminum, paper, plastic and cardboard, must be separated from solid waste and are subject to regulation under Article 18-2 of the Borough Code.
[Ord. No. 2009-18]
Collection from residential and nonresidential users shall be in accordance with a schedule provided by the Borough Clerk. This schedule may be from time to time amended or changed upon notice to the public through publication in the legal newspaper of the Borough, or through a notice sent with water and sewer bills or by letter, or posted on the Borough's official website.
[Ord. No. 2009-18]
A.
No container of solid waste, garbage or rubbish, bulky item or any other solid waste shall be placed at curbside for removal before 5:00 p.m. on the day prior to the day of collection, and all containers and any waste not collected shall be removed by 8:00 p.m. on the collection day.
B.
When a regular collection day falls on a legal holiday, collection will take place on the next business day. Containers shall be placed at curbside accordingly.
C.
It shall be the responsibility of all landlords, leasing agents or caretakers to provide this collection information to the rentor or lessee, and ensure their compliance therewith. Property owners will be held responsible for any violations of this article.
[Ord. No. 2009-18]
A.
All containers or bulk materials placed for collection shall be placed as near as possible upon or along the curbline and, consistent with that objective, shall not be placed so as to interfere with public travel.
B.
Except as herein provided, no solid waste or garbage shall be deposited or placed in or upon any public street or alley, Peddie Lake, Rocky Brook Stream, any Borough park or any other public place.
C.
No solid waste or garbage shall be deposited or placed for collection along North Main Street between Franklin and Stockton Streets, Main and Mercer Streets between Stockton Street and Rogers Avenue, Stockton Street between Main Street and Railroad Avenue, and Rogers Avenue between Mercer Street and Railroad Avenue. Residents and establishments in that area shall dispose of garbage in accordance with § 18-1-9.
D.
Any solid waste placed at curbside for collection by a residential or nonresidential user not in accordance with this article will not be collected by the Borough. It will be the responsibility of the user to remove the solid waste from the curbline by no later than 8:00 p.m. on the day that collection would have taken place.
[Ord. No. 2009-18]
Litter receptacles and their servicing are required at certain public areas in the Borough of Hightstown, including: sidewalks used by pedestrians in active retail commercially-zoned areas such that, at a minimum, there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools and government buildings; parks; construction sites; gasoline service station islands; shopping centers; parking lots; and boat launching areas. It shall be unlawful to dispose of household garbage or trade waste in or alongside such litter receptacles.
[Ord. No. 2009-18]
A.
No person shall bring, cart or otherwise transport any solid waste, hazardous waste, bulky items, construction debris or other solid waste from outside this municipality into this municipality for the purpose of dumping or disposal.
B.
No person shall bring, cart, transport or collect any trade waste materials, construction debris, hazardous waste, solid waste, garbage or bulky items from a nonresidential user and place the same for collection with the solid waste of a residential user.
[Ord. No. 2009-18]
A.
It shall be the responsibility of the property owner or renter to remove weeds and grass that grow in cracks of sidewalks, curbs or gutter and place the same in containers for disposal as recyclable items.
B.
It shall be the responsibility of business property owners or renters to clean the sidewalks and curbs abutting their premises and to place such waste in containers at curbside for collection by the municipal collector on regular pickup days.
C.
Where parking on private property is provided, it shall be the responsibility of the owner or renter to keep all parking areas and walks clear of litter and solid waste and in an orderly manner.
D.
No property owner or renter shall knowingly permit garbage, rubbish, solid waste or litter of any kind to be placed or swept into or allowed to enter the gutter, stormwater drainage grates, catch basins, streets or public rights-of-way.
[Ord. No. 2009-18]
Residents and nonresidential users shall stow empty garbage containers in such a manner as not to create a nuisance to the neighbors or public.
[Ord. No. 2009-18]
A.
Enforcement officers. The Superintendent of Public Works, Assistant Superintendent of Public Works, Public Works Foreman, Construction Official and Hightstown police officers are authorized enforcement officers for the purpose of enforcing the provisions of this article. Enforcement measures may include, but are not limited to, fines and penalties as set forth in § 18-1-21 and/or removal of waste by the Borough or its agent, with all costs for same charged to the property owner.
B.
Procedure. Whenever any enforcement officer determines, after appropriate investigation, that there exists a violation of any provision of this article, he or she shall give written notice of such alleged violation to the person or persons responsible therefor. Such notice shall include a statement of the reasons for its issuance, and shall be served upon the owner or occupant of the premises, or the agent of either. Notice shall be deemed to be properly served if a copy thereof is served upon such person personally or posted in a conspicuous place in or about the premises affected by the notice. Such notice shall state that unless, within 24 hours from service of the notice, the condition complained of is abated, a municipal court summons will be issued and/or the Borough will undertake to abate the violation and place a lien on the property as hereinafter provided. A copy of the Notice shall be provided to the Borough Clerk.
C.
Special procedure in emergency conditions. Whenever the enforcement officer finds that an emergency exists which requires immediate attention to protect the health or safety of the public, he or she may, without notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding any other provisions in this article, such order shall be effective immediately. In the event that the order is disregarded by the property owner or person to whom the order is directed, the enforcement officer shall have the right to notify the Borough Administrator for the purpose of instituting immediate remedial action, the cost of which shall result in a lien on the premises.
[Ord. No. 2009-18]
A.
General penalty. Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to penalties as stated in Chapter 1, Article 1-5, of the Borough Code. Each and every violation of this article, and each and every day that such violation shall continue, shall be construed as a separate and distinct violation thereof.
B.
Lien to be placed on property. In addition to the foregoing, and all other remedies available to the Borough, the Borough Chief Financial Officer, upon appropriate notification from the Mayor and Council and appropriate certification from the Borough Administrator, shall place a lien on any property determined to be in violation of the provisions of this article, in the amount of any and all administrative expenses and any and all actual expenditures for work necessary in order to abate the violation, including the cost of removal of any garbage, litter, refuse or debris. The lien placed upon such lands shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this article.