[HISTORY. Adopted by the Board of Health of the Township
of Montague 10-2-84 as Ord. No. BH 84-1. Amended in entirety 4-7-87 by Ord. No. BH 87-1]
[Amended 10-8-2019 by Ord. No. 2019-16; 11-28-2023 by Ord. No. 2023-16]
For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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.
Unwanted household items that are not garbage; items include
stoves, refrigerators, furniture, and carpets, but not including yard
debris such as clippings or brush, hazardous material, computers,
televisions, electronic devices, automotive waste, such as tires,
oil, and batteries, or construction debris.
Yard trimmings, rags, wood, cardboard, and other combustible
waste solids of a nonvolatile or explosive nature.
The placement of yard waste in a trash can, bucket, bag,
or other vessels, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Animal or vegetable waste solids resulting from the handling,
preparation, cooking, and consumption of food.
All solid waste material which does not burn.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises with or without
accompanying actual possession thereof; or shall have charge thereof
or control of any residential premises as owner or agent of the owner,
or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver, or guardian of the
estate, or as mortgagee in possession regardless of how such possession
was obtained.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleaning, and solid
market and industrial wastes; whether combustible or noncombustible.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes.
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.
No person, agent, owner, lessee, tenant or occupant of any land
or dwelling shall allow the open accumulation of refuse, garbage,
rubbish or combustible or noncombustible waste.
The owner, of every dwelling house or other premises where refuse
accumulates shall provide and keep on such premises sufficient and
suitable receptacles with tight fitting covers for receiving and holding
the refuse.
A.
"Sufficient" is defined for the purpose of this section to be at
least one receptacle for each family unit or other occupant of premises
and at least two such receptacles for each commercial or business
established where the aforesaid refuse shall accumulate, but each
owner of premises shall provide sufficient receptacles to store all
refuse which may be accumulated thereat between the times when such
refuse is disposed of as hereinafter provided.
B.
"Suitable" is defined for the purpose of this section to be a water-tight
metal, rubber or plastic receptacle with a tight fitting cover so
constructed as to prevent spilling or leakage of its contents. Each
receptacle for use at a single residence shall have a capacity of
not more than 30 gallons and be equipped with a pull handle or handles.
C.
Plastic and paper bags are not suitable or sufficient receptacles.
Receptacles for refuse, garbage and/or rubbish from commercial and industrial premises may have a greater capacity than that prescribed in § 88-3 hereof provided they meet the other qualifications of the suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
Residential buildings consisting of six or more individual family units shall be permitted to utilize dumpsters as refuse receptacles subject to the requirements of § 88-3 and § 88-4. Dumpsters shall not be permitted as refuse receptacles for residential buildings consisting of five or fewer family units.
Dumpsters in the R-4 Zone shall be located in a side yard of
the building, a minimum of 10 feet behind the front wall of the building
on a concrete slab with a minimum of four inch thickness for the support
of either a two cubic yard dumpster or a three cubic yard dumpster.
The top of the concrete slab shall be at grade level to facilitate
the movement of the dumpster in and out of the enclosure. The dumpster
shall be enclosed with a chain link fence with dimensions of at least
eight and one-half (8 1/2) feet in width, twelve and one-half
(12 1/2) feet in depth and five feet in height to accommodate
and screen a dumpster with a capacity of at least two cubic yards
but not more than three cubic yards. The chain link fence shall have
metal or plastic inserts between the mesh or weave of the fence. The
chain link enclosure shall have two chain link gates, each of which
shall be a minimum of four feet, three inches in width and five feet
in height and shall have hinges of a type permitting the gates to
be opened 180 degrees from the closed position. The chain link gates
shall have a nonlockable latch located at least five feet above the
concrete slab. Existing structures in the R-4 Zone which are unable
to comply with the location requirements of this section shall submit
an application proposing an alternate location along with the proposed
dimensions to the Montague Township Board of Health. After notice
by the applicant to the property owners located within 200 feet of
any building utilizing the dumpster at the proposed location and a
public hearing held thereon, the Montague Township Board of Health
may grant approval for said location.
All dumpsters utilized for multi-family buildings shall be in compliance with the requirements of § 88-6 by July 1, 1987.
Receptacles that are broken or otherwise fail to meet the requirements
of this section, may be classed as refuse and collected and disposed
of as such, by the person or agency responsible for the collection
of refuse, provided that such receptacle shall not be collected if
it appears to have been suitable under the definition of this section
at some previous time without a written notice being delivered to
the owner of the fact that the receptacle is not deemed suitable at
least 10 days before the receptacle is collected,
Receptacles for refuse shall not be set out for collection except
during the hours of a day scheduled for collection of refuse or the
evening before.
Receptacles other than dumpsters shall be conveniently located
on premises for the storage of refuse and maintained in such manner
with the cover in place as to prevent creation of a nuisance or menace
to public health.
A.
Garbage shall be thoroughly and completely drained of all liquids,
wrapped securely in paper, paper bags or plastic bags and placed in
a receptacle as herein described.
B.
Papers shall be secured and properly tied into bundles or other packages
in a manner to prevent scattering while waiting or during collection.
The bundles or packages shall be of a size and weight to permit ease
of handling by one man.
C.
Combustible or noncombustible waste of such a nature that it cannot
be deposited in a receptacle shall be securely and properly tied into
bundles or packages to prevent spilling or scattering. The bundles
or packages shall be of a size and weight to permit ease of handling
by one man and shall be packaged or otherwise assembled in quantities
weighing not more than 50 pounds.
A.
The person occupying any premises whereon a business or industry
is conducted shall arrange for the removal of refuse on such premises
each week unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed.
B.
The owner of any residential premises is required to arrange for
the pickup or collection of refuse from the premises at least once
a week during any period when the premises are occupied. This responsibility
cannot be assigned by a landlord to a tenant; if an attempt is made
to assign the responsibility, the landlord shall remain legally responsible
for compliance with collection obligations at the property. The owner
of any residential premises required by state law (N.J.S.A. 46:8-28)
to file a landlord's registration statement shall also file with the
Municipal Clerk the name, address, and telephone number of the carter
with whom the landlord has made arrangements for pickup or collection
of refuse.
[Amended 10-8-2019 by Ord. No. 2019-18]
No refuse, except combustible waste, which can be burned as provided in § 88-14, shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with the standards established by the State Department of Health.
A.
Combustible waste may be burned on the premises where it is collected
provided the method of disposal is permitted by State Law, and a State
Fire Permit is obtained for open burning. Such burning shall be conducted
so as not to create a nuisance.
B.
Due to the population density in the R-4 Zone, the burning of refuse,
garbage, rubbish or combustible wastes is hereby prohibited.
[Added 10-8-2019 by Ord.
No. 2019-16[1]]
The Township shall offer to Montague residents only a container placed at the municipal DPW yard for the disposal of bulky waste at a charge to be established in Chapter 18 of the municipal Code. The container shall be available on Montague Township recycling days only.
Any person who violates any provision of this chapter shall
be subject to a fine of not less than $5 nor more than $500.
[Added 11-28-2023 by Ord. No. 2023-16]
A.
Purpose. The following code provisions are intended to establish
a yard waste collection and disposal program in the Township of Montague,
so as to protect health, safety, and welfare, and to prescribe penalties
for the failure to comply.
B.
Yard waste collection.
(1)
Sweeping, raking, blowing, or otherwise placing leaves that are not
containerized at the curb along the street is only allowed during
the seven days prior to a scheduled and announced collection. Leaves
shall not be placed closer than 10 feet from any storm drain inlet.
All leaves must be placed in thirty-gallon brown biodegradable self-standing
waterproof paper bags. Placement of yard waste at the curb or along
the street at any other time or in any other manner is a violation
of this section. If such placement of yard waste occurs, the party
responsible for placement of the yard waste must remove the yard waste
from the street or said party shall be deemed in violation of this
section.
(2)
Grass clippings may be composted on the property on which they are
generated or cut and left on the property on which they are generated.
Sweeping, raking, blowing, or otherwise placing grass clippings at
the curb or along the street is a violation of this section. If such
placement of grass clippings occurs, the party responsible for the
placement of the grass clippings must remove the grass clippings from
the street or said party shall be deemed in violation of this section.
C.
Enforcement. The provisions of this section shall be enforced by
the Code Enforcement Officer, and/or the Montague Township Department
of Public Works.
D.
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $100.
