[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 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. 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 the Retail Food
Establishment Code of New Jersey, 1965.
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 non-residential 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 initial cost for each sticker shall be $5, and
said price may be revised as needed by Resolution of the Borough Council.
(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 Revised General Ordinances of the Borough of Hightstown.
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 Revised General Ordinances of the Borough of Hightstown. 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 Treasurer,
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.
