[Adopted as Sec. 18-3 of the 1997 Revised General Ordinances]
[Amended by Ord. No. 629; Ord. No. 748]
As used in this article, the following terms shall have the
meanings indicated:
The solid animal and vegetable wastes resulting from the
domestic or commercial handling, storage, dispensing, marketing, preparation,
cooking, and serving of foods or food products.
Solid waste normally generated in the day-to-day operation
of a commercial enterprise or in the habitation of a residential property.
It shall not include "bulky refuse" that shall be defined as oversized
waste materials such as tires, lumber, brush, logs, stumps, demolition
materials, construction materials, automobiles, appliances or other
waste materials requiring special handling for collection and disposal.
Rocks, concrete blocks, dirt, ashes, plaster or similar solid
materials obtained from construction or demolition projects.
Building materials and shall include combustible trash, including
but not limited to papers, cartons, wood, wood furniture; noncombustible
trash, including but not limited to metals, bricks, glass, concrete
and waste from building operations.
It shall be unlawful to place or permit to remain anywhere within
the City any waste materials, debris, trash, refuse or demolition
materials as hereinabove defined on any public street or alley within
the City, nor shall it be lawful to place or permit to accumulate
any of such materials, but they shall be removed from the site at
reasonable intervals, but in any event the materials shall while located
within the job site be stored in metal containers with lids attached
thereto which shall permit the bulk handling of the materials to be
removed outside of the City limits at reasonable intervals.
Precautions shall be taken by all owners, contractors, builders
so as to prevent any of the materials to cause air pollution in violation
of any Cape May County Health Department or New Jersey Department
of Health and Senior Services rules or regulations covering matter
from becoming airborne.
All construction sites within the City and all demolition areas
shall be maintained in a neat and orderly fashion. The areas shall
be maintained free from loose materials, substances or refuse so as
to be injurious to the public health or safety.
[Amended 8-20-2024 by Ord. No. 541-2024]
With respect to the disposal of any refuse, trash, garbage,
materials, or normally disposable refuse anywhere in the City:
A.
It shall be unlawful to dispose of such material except in a properly
sealed bag, package or container which prevents dogs, cats, rodents,
birds and other animals from gaining access to the material and which
also prevents the disposed-of materials from being injurious to the
health and welfare of the City.
B.
It shall be unlawful to dispose of such material by placing it in paper, plastic or other disposable bags and containers unless such containers meet the performance standards set forth in Subsection A above or unless the property owner has applied in writing to and has received written approval from the City Manager or his designated representative for a temporary exemption from this requirement on the basis of physical handicap, infirmity, sickness, or other similar reason beyond the control of the property owner.
C.
Property owners shall be responsible for arranging for collection
of such material from their property and shall maintain any trash
bag, can, dumpster or similar container in a neat and sanitary condition
at all times. Property owners are encouraged to arrange with properly
licensed private trash collection firms to pick up such material from
locations on their property which are screened and not plainly visible
from the street or public places. Alternatively, property owners may
move properly sealed cans or containers to the curb area in front
of their properties on the day of scheduled trash collection.
D.
Property owners shall also be responsible to arrange for the prompt
removal or movement of trash cans, dumpsters, or containers from the
curb area in front of their properties as soon as possible after and
on the same day of collection to a location on their property that
is screened, enclosed, or otherwise maintained so that the cans, dumpsters
or other containers are not plainly visible from the street or public
places.
E.
Trash cans (which are used to collect and contain garbage) and kitchen
mats or similar devices on which garbage is allowed to fall shall
be washed and cleaned inside the premises using them. The trash cans,
mats or similar devices shall not be cleaned at the exterior of the
premises or onto any street or sidewalk. No such garbage or debris
shall be allowed to enter the City's storm sewers.
F.
Trash and garbage haulers shall take all means necessary to prevent
liquid residue (trash and garbage "juices") from spilling onto the
public streets and sidewalks, or onto the premises where they are
maintained. Dumpsters and roll-back-type refuse containers shall be
maintained so that no liquid residue (garbage "juice") is permitted
to spill onto the premises where they are maintained.
G.
Property owners are responsible for compliance by all residents,
tenants, customers, guests and others. Summonses for noncompliance
and other notices regarding this article shall be served upon property
owners, but may also be served upon residents, tenants, customers,
guests and others deemed to be in violation of the provisions of this
article.
H.
No person or business shall serve food for immediate consumption
off premises unless they provide trash and recycling cans available
for public use. For the avoidance of doubt, "food for immediate consumption
off premises" includes, but is not limited to, ice cream or frozen
confections, pizza, sandwiches, smoothies, and any other food that
is served "to go".
The trash and recycling cans must be within 10 feet of the entrance
to the business or as otherwise directed or approved by the City Manager.
The trash and recycling cans shall be available during normal hours
of operation, clearly marked, and maintained for patrons' use. The
person or business shall ensure the cans are emptied on a regular
basis.
Each day that a violation of this article occurs shall be deemed
a separate violation.
