[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and debris — See Ch. 77.
Fire prevention — See Ch. 118.
Food establishments — See Ch. 126.
Housing standards — See Ch. 145.
Nuisances — See Ch. 163.
Snow and ice removal — See Ch. 202.
Soil removal — See Ch. 206.
Yard waste, litter control and improper disposal of waste — See Ch. 215.
Vehicles, abandoned — See Ch. 250.
Individual sewage disposal systems — See Ch. 272.
Solid waste — See Ch. 281.
[Adopted 2-3-1942 by Ord. No. 31 (Ch. 42 of the 1973 Code)]
The following definitions and qualifications shall apply to the respective words hereinafter set forth as used in this article:
ASHES
Cinders, partly burned fuel and the residue from the combustion of wood, coal, coke or any other material ordinarily burned for household, domestic or heating purposes.
CONTRACTOR
The person, firm or corporation having a contract or agreement with the Borough to Shrewsbury, in the County of Monmouth, for the collection and removal of garbage, and shall refer also to each of his agents and employees.
GARBAGE
Any waste material in process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose, and shall include, among other things, kitchen refuse, animal or vegetable matter, offal and decaying and decomposing substances.
MUNICIPAL
Under the control of the Borough, including under the control of any intermunicipal or regional authority which may be established from time to time.
[Added 9-27-1973 by Ord. No. 346]
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification may be appropriate and effective for the enforcement of this article.
PERSON
Any individual, partnership, corporation, firm, aggregation or association of persons. Singular and plural pronouns may be used interchangeably so that either the singular or the plural shall be inferred, whichever is appropriate. Whenever pronouns are used in any gender, they shall be deemed to refer to the masculine, feminine or neuter gender, whichever may be appropriate or applicable, and the words "and" and "or" may be interpreted to be used interchangeably, whichever may appear appropriate, it being the purpose that the particular word, gender or pronoun shall be intended which is apt for the circumstances and inures to effectuating this article.
RUBBISH
Waste substances, excepting garbage and ashes, and shall apply particularly to such articles as paper, paper cartons, tin cans, rags, corn husks, bottles, broken glass, crockery, leaves, grass, rakings of yards and lawns (when free from earth), beds, bed springs, mattresses, straw, excelsior, floor shavings, twigs of trees and bushes, and all other waste material except garbage and ashes.
The Council of the Borough of Shrewsbury may provide for the collection, removal and disposal of ashes, garbage, rubbish and other refuse matter in such manner as it deems necessary and establish such reasonable rules and regulations, in conformity with the provisions of this article, as circumstances may require, and all costs in connection therewith and incidental thereto shall be paid by general taxation.
If, in the opinion of the Borough Council, it is more advantageous for the Borough to have the ashes, garbage, rubbish and other refuse matter or any part thereof collected, removed and disposed of by any person or persons other than employees of the Borough, it may make a contract or contracts for such work or any portion thereof with an individual or individuals, corporation or corporations, municipality or municipalities in accordance with specifications to be adopted for the doing of such work in a sanitary and inoffensive manner, which specifications may provide for alternative methods of doing said work and are to be filed in the office of the Clerk of the said Borough.
Said contract or contracts shall be entered into and made only after bids therefor shall have been advertised in a newspaper published in the County of Monmouth and circulating in the Borough of Shrewsbury, at least 10 days prior thereto, and then only with the lowest bidder or bidders who shall give satisfactory bonds or security for the faithful performance of the work.
The Borough Council shall have the right to grant the exclusive privilege of removing and transporting ashes, garbage, rubbish and other refuse matter, for a term not exceeding three years, upon competitive bidding, to the lowest responsible bidder who complies with the regulations respecting the bidding and who furnishes a proper bond, satisfactory to the Borough Council, in the amount of the contract price to be paid each year, the contractor being required to furnish a new bond for each year that the contract shall have to run, conditioned for the faithful performance of the obligations of the contract. Failure to furnish such acceptable bond 10 days before the beginning of any contract year shall be sufficient cause for revocation of such contract.
The collection and removal of ashes, garbage, rubbish and other refuse matter shall be done in accordance with the provisions of this article and shall be subject to the general supervision of the Borough Council and of the Board of Health and shall be subject to such additional rules and regulations as the Borough Council and Board of Health may from time to time prescribe by resolution, not inconsistent with the terms of this article.
The occupant of each property in the Borough shall provide suitable receptacles, as hereinafter prescribed, in which the occupant shall place and keep garbage separately in one container and shall keep separately ashes and rubbish in another container or containers, and the occupants shall securely tie all wastepaper in bundles.
[Amended 9-9-1971 by Ord. No. 316; 9-27-1973 by Ord. No. 346]
The contractor or municipal collector shall not be obligated to accept for removal any ashes or rubbish when mingled with garbage in the same receptacle and, upon finding such mingled substances, shall report the circumstances to the Health Officer. The contractor or municipal collector shall, furthermore, not be obligated to accept for removal any automobile, truck or vehicle tires and when finding the same shall leave them uncollected and shall report the circumstances to the Health Officer.
[Amended 9-27-1973 by Ord. No. 346]
A. 
The contractor or municipal collector shall, on the same day, report to the Public Works Manager any dispute that occurs between himself and an occupant with respect to removal or disposition of ashes, garbage, rubbish or other refuse matter, and the Public Works Manager shall thereupon immediately investigate the subject matter and take the steps that may be necessary under the circumstances and give necessary or emergency instructions and thereupon report in writing concerning the subject to the Borough Council and the Board of Health at their next subsequent meetings.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Any contractor shall maintain an office in the Borough of Shrewsbury or adjacent municipality in Monmouth County, with telephone connections, and a person shall be in attendance in the office at least during the hours of 9:00 a.m. to 6:00 p.m.
A. 
Receptacles, as approved by the Board of Health for garbage, shall be sufficiently strong for the purpose and may be pails or cans; they shall be watertight and shall have close-fitting covers, and said receptacles shall be kept covered except when opened for filling or emptying of material.
[Amended 9-27-1973 by Ord. No. 346[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Former Subsections B and C of this section, regarding receptacles for ashes and rubbish, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
All receptacles for garbage, ashes or rubbish, and all bundles of wastepaper shall be placed by the occupant for collection by the contractor or municipal collector inside the curb or on the property side of the edge of the street line subsequent to 6:00 p.m. on the evening prior to the date scheduled for collection. Within a reasonable time after collection and on the date thereof, all said receptacles must be placed by the owner or occupant at the rear of the dwelling or main building upon the premises, in close proximity to rear door or rear line of dwelling or building, and must remain at said location until the next collection date as provided hereinabove. No private arrangement shall be made between the contractor or municipal collector and the owner or occupant of any dwelling or building by which any receptacles may be kept or permitted to remain on any street, sidewalk or any portion of property other than as provided herein.
[Amended 1-14-1944 by Ord. No. 38; 3-14-1967 by Ord. No. 243; 9-27-1973 by Ord. No. 346]
C. 
The occupant shall keep all receptacles clean and in proper condition for safe handling.
D. 
In buildings in which two or more families reside, each family shall mark its own receptacles with the initials of the respective name so as to render receptacles readily identifiable.
E. 
Immediately after receptacles are properly emptied, the contractor or municipal collector shall return them to the point from which he took them.
[Amended 9-27-1973 by Ord. No. 346]
A. 
All vehicles used in the removal of ashes, garbage, rubbish and other refuse matter shall be of the motor-driven type, and no such vehicle shall be drawn by any horse or animal.
B. 
All vehicles used for collection or removal of garbage shall be of a type approved by the Borough Council and shall be provided with a watertight box, body or container, closely and entirely covered with suitable covers, adequate to prevent leakage or dripping or material being blown from the vehicle. Such vehicle shall be kept closed at all times, except during the period of emptying or filling, and shall be kept clean and shall be thoroughly washed, inside and outside, between each collection and the next subsequent collection, and shall be disinfected between each collection and the next subsequent collection, and the contractor or municipal collector shall not permit any such vehicle at any time to become offensive either through odor, appearance or for any other reason.
[Amended 9-27-1973 by Ord. No. 346]
C. 
Every vehicle used by the contractor or municipal collector for removal or transportation of garbage, ashes or rubbish shall carry at least one shovel and one broom and any other equipment which may be necessary for keeping the vehicle clean and for cleaning up the area at which such substances are collected. The contractor or municipal collector shall carefully clean the area from which ashes, garbage, rubbish or receptacles have been removed or in any area or space from the place of collection to the vehicle. If any ashes, garbage, rubbish or other refuse matter shall fall from a vehicle either during collection or transportation, such articles shall be immediately gathered and replaced in the vehicle and the place rendered clean.
[Amended 9-27-1973 by Ord. No. 346]
[Amended 9-27-1973 by Ord. No. 346]
A. 
The contractor or municipal collector shall report to the Public Works Manager and to the Borough Council in writing within 24 hours all cases in which it is impossible, because of freezing or otherwise, to collect and remove ashes, garbage, rubbish or other refuse matter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
No garbage or refuse shall be piled higher than the regular height of the side boards of the vehicle.
C. 
Garbage can covers may be removed only at the time of collection.
D. 
Neither the contractor or municipal collector nor any of his agents, collectors or employees shall pick or sort garbage, ashes or rubbish, and the contents of containers of ashes, garbage and rubbish shall be immediately transferred at the time of collection without any unnecessary delay or exposure and without any spilling.
E. 
The contractor or municipal collector shall see to it that his employees, agents and collectors shall deport themselves in a quiet, decent and law-abiding manner and apply themselves diligently to the performance of the necessary work, and shall refrain from neglect or insolence or any improper conduct, and a contractor shall discharge any employee, agent or collector failing in these requirements. A municipal collector shall report municipal employees failing in these requirements to the Borough Council for such disciplinary action as the Council shall provide, subject to provisions of any law or other ordinance affecting the discipline or removal of municipal employees.
F. 
It shall be part of the duty of the contractor or municipal collector in the collection of ashes, garbage and rubbish to collect and remove from the streets and highways of the Borough, and from the sidewalks along the same, all dead dogs, cats, rats or other small animals which may be found thereon, or from private property when requested.
G. 
The contractor or municipal collector shall not sprinkle or place any disinfectant or poisonous chemical upon any garbage or waste matter within the limits of the Borough of Shrewsbury.
[Amended 9-27-1973 by Ord. No. 346]
All equipment used by the contractor or municipal collector, and any dump used by the contractor or municipal collector, shall be subject to inspection by the Health Officer or anyone deputized by him for that purpose, at any reasonable time.
A. 
Ashes, garbage and rubbish shall be collected promptly and punctually at such times as may be specified by the Borough Council or in the contract between the municipality and the contractor, and the removal shall be made not earlier than 6:00 a.m. and not later than 6:00 p.m. on the days designated.
B. 
Neither the contractor or municipal collector nor any of his employees or agents shall engage in any loud or unnecessary talk, or make or occasion any unnecessary noises, in the collection or removal of garbage, ashes or rubbish, and all such collection and removal shall be done quietly.
[Amended 9-27-1973 by Ord. No. 346]
C. 
The contractor or municipal collector shall notify occupants of the dates set for collection of ashes, garbage and rubbish and shall also notify them when any change in such dates has been duly authorized.
[Amended 9-27-1973 by Ord. No. 346]
[Amended 9-27-1973 by Ord. No. 346]
The contractor or municipal collector, in the collection, removal and disposal of ashes, garbage and rubbish, shall comply with the provisions of this article and any other ordinance, and with the rules and regulations of the Board of Health, and with any state law or regulations which may pertain to the subject matter.[1]
[1]
Editor's Note: Former § 42-17, Cleanup week, as amended, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Amended 9-27-1973 by Ord. No. 346]
With each vehicle used by the contractor or municipal collector for the collection of ashes, garbage or rubbish, there shall be at least one attendant or collector or assistant who is able to understand and speak the English language intelligibly.
No contract for the removal of ashes, garbage or rubbish made between the municipality and a contractor shall be assignable or interchangeable to or with any other contractor, except with the written consent of the Borough Council. Any transfer of contract without such consent shall, at the option of the governing body, render the contract null and void and empower the Borough Council, at its option, to award the work to some other person, and the contractor shall be answerable for any loss or damage suffered.
[Added 9-27-1973 by Ord. No. 346]
No member of the public shall dump any ashes, garbage, rubbish or other refuse matter in any place, whether public or private, in the Borough of Shrewsbury.
The contractor shall provide a suitable place or places outside the limits of the Borough of Shrewsbury for the disposing of ashes, garbage or rubbish. No ashes, garbage or rubbish shall be removed to any place within the limits of the Borough of Shrewsbury or disposed of at such place unless prior thereto the contractor has received permission from the Borough Council, and no place, either within or outside the limits of the Borough of Shrewsbury, shall be used for removal or disposal of garbage, ashes or rubbish under contract with the Borough unless and until such place and location have been approved by the Borough Council and the Board of Health.
In the event that the contractor shall obtain the approval of the Borough Council of the Borough of Shrewsbury to deposit ashes, garbage or rubbish at any place outside the Borough limits, he shall secure and submit to the Borough Council all necessary permits from the proper authorities of the municipality in which such ashes, garbage and rubbish may be deposited and also from each and every municipality through which such may be conveyed.
A. 
If permission is granted to deposit ashes, garbage or rubbish within the limits of the Borough of Shrewsbury, the contractor shall not burn any rubbish thereon except upon the written consent of the Borough Council and with permission and under the supervision of the Chief of the Fire Department of the Borough.
B. 
Any inflammable refuse dumped within the limits of the Borough, under permission obtained in accordance with the provisions herein, shall, under permission and supervision of the Chief of the Fire Department, be burned and covered daily with earth or ashes containing no inflammable amount of unburned material. Any dump or place for depositing of ashes, garbage or material for which permission has been granted within the limits of the Borough shall be fenced or otherwise protected to prevent the scattering of paper and refuse.
No person shall give any instructions or directions or commands, the result of which or compliance with which would involve a violation of any of the provisions of this article. Any person giving and any person complying with such instructions, directions or commands shall be deemed guilty of violating this article.
This article shall not be deemed to apply to the collection or removal of earth, stone, plaster, wood or other material accumulated solely from excavating or from constructing, building or repairing any building, nor to ashes accumulated solely from boilers which are used solely to generate steam for a purpose other than heating.
[Amended 9-27-1973 by Ord. No. 346]
Five days before the contractor or municipal collector begins his work under the provisions of this article, all owners or occupants of property in the Borough shall remove or cause to be removed from same at their own expense all accumulated ashes, rubbish and garbage of all kinds which may exist, so that no controversy may arise between the contractor and said owners or occupants. Owners of or agents for property are responsible that tenants moving out of such property do not leave excessive amounts of ashes, rubbish and garbage to be removed by the contractor. Failures to comply with this section, if complained of by the contractor, will subject such owners or agents to a fine of not to exceed the cost of removal of said ashes, garbage and rubbish.
Whenever daylight saving time is adopted and is effective in the Borough of Shrewsbury, then any time or hours mentioned in this article shall be deemed to refer to daylight saving time.
[Added 9-27-1973 by Ord. No. 346]
The Superintendent of Public Works and any person so delegated by the Superintendent shall enforce the provisions of this article.
[Amended 3-14-1967 by Ord. No. 243; 9-27-1973 by Ord. No. 346]
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Judge of the Municipal Court.
[Adopted 12-8-1986 by Ord. No. 552 (Ch. 62 of the 1973 Code)]
[Amended 10-5-1987 by Ord. No. 561; 12-30-1991 by Ord. No. 634]
A. 
On or after April 1, 1987, it shall be mandatory for all persons who are owners, lessees and/or occupants of residential property to separate newspapers, leaves, glass bottles and jars and aluminum, as hereinafter defined, from all other solid waste produced by such residence for the collection and ultimate recycling of said materials.
B. 
On and after April 1, 1988, it shall be mandatory for all persons who are owners, lessees and/or occupants of residential property to separate tin and bimetal cans from all other solid waste produced by such residence for collection and ultimate recycling of said materials.
C. 
On and after April 1, 1988, it shall be mandatory for all owners, lessees and/or occupants of business and industrial property and of private, public and governmental institutions and buildings to separate newspapers, leaves, glass bottles and jars, aluminum, tin and bimetal cans, corrugated cardboard and/or high-grade paper from all other solid waste produced by said nonresidential establishments for collection and ultimate recycling of said material.
D. 
On and after October 1, 1988, no owner, lessee and/or occupant of any residential property, business or industrial property or private, public or governmental institution or building shall be permitted to place any construction, demolition or land-clearing debris, which includes asphalt, concrete and/or wood waste, such as stumps, large tree parts, pallets and larger pieces of lumber, with other solid waste for landfill disposal.
E. 
On and after January 1, 1992, the Public Works Department shall no longer collect grass clippings placed at curbside. However, thatch shall still be collected at curbside during a two-week period in March and during a two-week period in October, dates to be announced annually.
F. 
On and after March 1, 1992, magazines, junk mail and paper products other than newspapers shall be separated from all other solid waste, for the ultimate recycling of said materials. Magazines, junk mail and other paper products will be collected separately, as announced, and may be placed in paper bags. In addition, a bin shall be provided at the Shrewsbury Borough Public Works Department for the collection of magazines, junk mail and other paper products.
A. 
On and after the adoption of this article and in accordance with existing state regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicle reinspection stations with used oil holding tanks shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawn mowers or motorcycles and shall post a sign informing the public that they are a used oil collection site.
B. 
The Department of Public Works shall also provide a tank for the disposal of used oil. It is mandatory that used oil be separated from other solid waste and disposed of in used oil holding tanks.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM
Includes all disposable items made of aluminum, including aluminum containers used for soda, beer or other beverages, foil, wrappers, containers for prepared food, screen frames and lawn chairs.
CORRUGATED CARDBOARD
Includes cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and kraft paper material.
GLASS
Includes all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matters, excluding, however, blue or flat glass commonly known as "window glass."
HIGH-GRADE PAPER
Includes white and/or off-white stationery, photocopy and computer paper.
SOLID WASTE
Includes all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
A. 
The position of Recycling Coordinator is hereby created and established within the Borough of Shrewsbury.
B. 
The Recycling Coordinator shall be appointed by the Mayor, with the consent of Borough Council, for a term of one year, expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31 of the year of that person's appointment.
C. 
The Recycling Coordinator, after consultation with the Superintendent of Public Works and subject to the approval of the Mayor and Council of the Borough of Shrewsbury, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable materials in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough of Shrewsbury.
A. 
The Mayor and Council of the Borough of Shrewsbury may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a drop-off center and shall sell said recyclable material, if a market exists therefor, pursuant to N.J.S.A. 40A:11-1 et seq.
B. 
The Mayor and Council of the Borough of Shrewsbury may elect to enter into agreements with qualified persons or corporations authorizing them to collect said recyclable material at curbside or from a drop-off center and to sell said recyclable material.
It shall be a violation of this article for any person not authorized by the Mayor and Council of the Borough of Shrewsbury to pick up or cause to be picked up said recyclable material, as defined herein. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
Anything herein to the contrary notwithstanding, any person, partnership or corporation who is owner, lessee or occupant of a residential or nonresidential property may donate or sell said recyclable material, as defined herein, to any person, partnership or corporation, whether or not operating for profit. Said person, partnership or corporation, however, shall not pick up said recyclable materials at curbside or at a municipal drop-off center.
[Added 4-7-1997 by Ord. No. 730]
The use of the drop-off center of the Borough of Shrewsbury shall be limited to Borough residents, and identification establishing residency may be required prior to the use of the drop-off center.
[Added 10-19-1992 by Ord. No. 652]
A. 
No appliance which contains refrigerants, such as a refrigerator, freezer or air conditioner, shall be picked up unless a removal sticker has been obtained from the Borough Clerk's office and affixed to the appliance.
B. 
The person applying for the removal sticker shall pay a fee of $15 to the Borough of Shrewsbury and shall affix the sticker directly to the appliance to be removed.
[Added 2-6-2012 by Ord. No. 976[1]]
Residents of the Borough of Shrewsbury shall be permitted to rent a dumpster from the Shrewsbury Department of Public Works subject to availability and the following terms and conditions:
A. 
There shall be a weekday rental fee of $75 per 24 hours or portion thereof.
B. 
There shall be a weekend rental fee of $75 from Friday afternoon through Monday morning.
C. 
Residents will be charged $75 for the use of the container, as set forth above, plus the tipping fees for debris. Tipping fees are set by the Monmouth County Reclamation Center.
D. 
Residents must call to reserve the container and must be home when the container is delivered to ensure proper placement and to sign all paperwork.
E. 
The container will only be placed on the resident's driveway; the container will not be placed in the street.
F. 
No chemicals or paints may be placed in the container for disposal, and concrete may not be mixed with construction debris.
G. 
The container is for residents use only; contractors must provide for removal of construction debris on their own.
H. 
Residents will be charged a fee of $100 for any materials placed in the container that are not permitted to be dumped.
I. 
Residents are required to pay the container and tipping fees within 60 days, or a lien shall be placed by the Borough against the property.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 210-39 as § 210-40.
[Amended 4-7-1997 by Ord. No. 730; 5-15-2000 by Ord. No. 772; 5-15-2006 by Ord. No. 871; 2-6-2012 by Ord. No. 976]
A. 
Any person, firm or corporation which violates or neglects to comply with any provision of this article or any rule or regulation promulgated pursuant thereto shall be punishable, upon conviction, by a fine of not less than $50 nor more than $1,250 or a term of imprisonment not exceeding 90 days, or both, except that the maximum fine or penalty for the failure to comply with § 210-29A and B thereof, or any rule or regulation promulgated pursuant thereto, shall not exceed $50. As an alternate penalty, a convicted person may be ordered to perform community service in the recycling program for a period not to exceed 90 days.
B. 
Each day that such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
C. 
In addition, any person, firm or corporation which violates this article in any respect shall be denied having any solid waste collected until such time as it ceases such violation.