[Adopted 12-15-1970 by Ord. No. 93-70 (Ch.
165, Art. II, of the 1989 Code)]
No person shall engage in the business of refuse
collection, including garbage, in the Township of Brick without first
obtaining a license therefor and a permit for each vehicle to be so
utilized. Such licenses and permits shall be known as "garbage licenses
and permits."
Anyone desiring to engage in said business in
the Township of Brick shall apply to the Township Clerk for the required
license and shall tender therewith the license fee herein specified
in cash or certified check.
The application for a license hereunder shall
be in writing, shall be signed and sworn to by the applicant or, if
a corporation, by the officers thereof and shall contain:
A. The name and address of the applicant, the date and
place of his birth and a statement as to whether or not he has ever
been convicted of a crime involving moral turpitude; in the case of
applications by corporations, the names and addresses of and the amount
of stock held by all stockholders holding 1% or more of any of the
stock thereof, the names and addresses of all officers and members
of the Board of Directors and a statement of whether or not any of
them or the corporation has ever been convicted of a crime involving
moral turpitude.
B. A complete description, including make, model, load-carrying
capacity, color and serial number of all motor vehicles intended to
be used by the applicant in connection with said business.
C. A statement of the place of business and the telephone
number of the applicant and the name of the person in charge thereof
to whom complaint against the applicant, if licensed, may be made
and upon whom notice of any proceedings affecting the license may
be served.
D. If the place of business of the applicant is elsewhere
than in the Township of Brick, designation of every such vehicle,
while operating within the Township of Brick, as the agent of the
applicant, if licensed, upon whom any such notice may be served, which
designation shall be irrevocable so long as the license shall remain
outstanding.
E. A statement of what garbage, refuse and wastes the
applicant proposed to collect, the number of collections, not less
than two, to be made in a calendar week, the day or days of the week
on which the collections will be made and a schedule of the rates
to be charged by the calendar month for each type of service.
F. The number of years the applicant has been engaged
in the refuse-collection business and the place or places where said
business has been conducted.
G. The place where garbage and refuse collected in the
Township shall be dumped and the name and address of the owner of
the dumping ground.
H. A copy of an insurance policy by a surety company
licensed to do business in the State of New Jersey covering employer's
liability and a liability and property damage policy in the amount
of $100,000 as a protection to the citizens of the Township of Brick
from any property damage caused or liability incurred by the licensee
and absolving the Township of Brick of any and all responsibility
that might be caused or incurred by the said licensee and his agents
or employees.
I. A copy of his workers' compensation insurance policy
covering his employees.
The Township Council may issue one or more licenses
for the collection of garbage and refuse in the Township of Brick
upon receipt of applications therefor and compliance with all the
provisions of this article. In the granting of such license or licenses,
the Township Council shall consider the qualifications of the applicant
and the applicant's ability to service adequately the area or areas
of the Township specified in the application.
No license hereunder shall be issued to any
individual or partnership unless he or, in the case of a partnership,
unless each partner thereof is over 21 years of age, is a citizen
of the United States and has never been convicted of a crime involving
moral turpitude or violated this article; nor shall a license be issued
to any corporation unless the shareholders and officers thereof meet
said qualifications.
The Township Council shall specify in the license
the portion or portions of the Township in which collections thereunder
may be made. No licensee shall make or cause to be made any collections
in any part of the Township not specified in the license.
The annual license fee herein shall be $100.
The annual permit fee for each vehicle shall be $200.
Each license issued pursuant to this article
shall expire on December 31 of the year for which issued.
Each license holder shall either post upon each
vehicle a weatherproof schedule of the rates to be charged for the
collection service licensed or supply to the operator of each such
vehicle a sufficient supply of a statement of that schedule to enable
him to supply a copy thereof to every customer and to any resident
of the Township upon request.
No license holder and no agent, servant or employee
of the license holder shall ask for, demand, receive or accept from
any resident of the Township any charge for service described in the
license application greater than the schedule rate; and no license
holder shall refuse or fail to furnish to any resident of the Township
the service for which the license was issued, upon the request of
any such resident, for any reason other than the failure of that resident
to pay the scheduled rate for the service requested or persistence
by that resident in the practice of placing in his receptacles, for
collection by the license holder, garbage, waste or refuse not having
its origin in his household.
[Amended 5-18-2010 by Ord. No. 23-10]
All vehicles for which permits are issued shall
be of the closed type and shall be constructed and loaded in such
fashion that no part of the contents shall fall, leak or spill therefrom.
All such vehicles shall be properly covered to prevent the scattering
or spilling of rubbish. In addition, all garbage containers shall
be maintained by the property owner/user (as applicable) of the container
in a clean and sanitary condition by periodically scrubbing or steaming
the insides of the containers. The property owner/user (as applicable)
of the containers shall also keep the container lids closed when not
loading or unloading refuse, so that the refuse will not be scattered
by wind and to prevent access to the inside of the containers by vermin.
[Amended 3-14-1989 by Ord. No. 666-89]
All licensees shall comply with state laws,
the ordinances of the Township of Brick and the rules, regulations
and orders of the State Board of Health.
[Amended 4-30-2002 by Ord. No. 31-M-02]
All collections shall be done within those hours
established by the solid waste collector's tariff approved by the
Department of Environmental Protection and shall be done in a quiet
and orderly manner.
No license issued hereunder shall be transferred
or assigned without the written consent of the Township Council.
In addition to the penalties hereinafter prescribed,
any license issued hereunder may be revoked by the Township Council
at any time for any violation of the provisions of this article, or
for other legal cause, after notice and hearing to the licensee.
[Amended 3-14-1989 by Ord. No. 666-89; 11-28-2006 by Ord. No.
37-06]
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as provided in Chapter
1, §
1-15, General penalty, and any corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000.