[HISTORY: Adopted by the Board of Commissioners (now City Council)
of the City of Brigantine as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-17-1985 by Ord. No. 13-1985]
Municipal residential trash collection, pursuant to the terms and conditions
of this chapter, shall be provided by the City of Brigantine to all single-family,
two-family, three-family and four-family detached or attached dwellings. Municipal
residential trash collection services shall not be provided to any other structure,
dwelling or use. It is the intention of this chapter to not provide municipal
residential trash collection service to public eating or drinking establishments,
retail stores, institutions, commercial uses, industrial uses, construction
activities, multifamily or multiunit dwellings having condominium forms of
ownership, hotels, motels and apartment houses in excess of four dwelling
units. In the event of dispute as to the availability of service, the Board
of Commissioners of the City shall have jurisdiction to interpret this chapter.
Normal residential trash collection service is intended to collect household
waste. Bulk trash collection service is intended to remove larger items from
residential properties.
Where municipal residential trash collection services are not provided
to premises or uses identified in this chapter, it shall be the responsibility
of the owners or occupants of such structures or persons or entities carrying
on such uses to arrange for the timely commercial pickup of all such accumulated
trash or rubbish on a regular basis, with a frequency not less than the frequency
for municipal residential trash collection services established by the City
of Brigantine. The accumulation of trash, rubbish or other waste within the
boundaries of the City of Brigantine is hereby prohibited. Wherever trash
and waste accumulates on premises not provided with services pursuant to this
chapter, the owners or persons responsible for such premises shall provide
sufficient service to prevent accumulations which are injurious to public
health and welfare.
Municipal residential trash collection services shall be provided by
the City of Brigantine on not less than a weekly basis for normal trash collection
service. Bulk pickup service shall be provided on a schedule and in the manner
established by the Department of Public Works.
The City of Brigantine may contract, pursuant to the rules and provisions
of the Local Public Contracts Law,[1] with a commercial refuse contractor or trash hauler to provide
all or any portion of municipal residential trash collection services. The
entry into any municipal residential trash collection service contract shall
be subject to all rules and regulations of the State of New Jersey, the County
of Atlantic and the City of Brigantine or any other agency having jurisdiction
over the award of contracts or collection, handling and processing of rubbish
and trash. The City of Brigantine shall have the authority to contract for
all or any portion of municipal residential rubbish collection, as it determines
to be necessary, and to accomplish any portion of municipal rubbish and trash
collection as appears necessary through the direct use of City resources.
The terms and conditions of any contract for municipal residential rubbish
collection shall be negotiated, and such contracts shall be approved by resolution
or ordinance of the Board or Commissioners, according to law.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
A.
It shall be the responsibility of the owner or occupant
of each premises provided with municipal residential trash collection services
to furnish and maintain a sufficient number of suitable metal, plastic or
other covered, leakproof receptacles, each having a capacity not greater than
60 pounds loaded weight, in which shall be kept all ashes, trash, rubbish
and garbage for removal.
B.
Wherever possible, taking into account actual building
setbacks from the property line, such receptacles shall be placed at a distance
not greater than 10 feet from the property line of the premises, except on
the date of residential collection, as designated by the City of Brigantine
for the particular premises. On the date of municipal residential trash collection,
the owner or occupant of the premises shall place the containers provided
for in this chapter at the curb not earlier than 4:00 p.m. on the date prior
to scheduled municipal trash collection. The containers shall be placed on
the curb in such a manner so as to not block free passage of pedestrians along
the sidewalk areas. Following trash collection, all empty containers shall
be removed to the storage area on the premises not later than 12:00 noon on
the day following scheduled municipal trash collection.
C.
It shall further be the responsibility of the owner or
occupant of the premises receiving municipal residential trash collection
to keep such containers which are provided in a clean and sanitary condition
so as not to constitute a hazard to the public health. Further, it shall be
the responsibility of the owner or occupant of the premises receiving municipal
residential trash collection services to keep the area of trash collection
and receptacle storage in a clean and sanitary manner.
D.
Any owner or occupant of any premises in the City of
Brigantine, whether residential or commercial, who disposes trash into or
has trash collected from a dumpster shall surround such dumpster in a wooden
or other such enclosure and shall maintain such enclosure area in a clean
and sanitary manner. Such wooden or other such enclosure shall be designed
and constructed to conceal said dumpster and shall be maintained in a clean
and safe condition. Nothing contained in this section, however, shall allow
any property owner or occupant to place such an enclosure for a dumpster within
the front yard setback on any particular property or otherwise place said
wooden enclosure in a place or manner within any sight triangle which may
be deemed a hazard to traffic or safety. Any chain link fence enclosure must
have plastic or other type slats which will conceal the dumpster enclosed
therein.
[Added 2-16-1994 by Ord.
No. 3-1994; amended 11-2-1994 by Ord.
No. 25-1994]
E.
Notwithstanding anything to the contrary, no dumpster
which is used on a construction site for construction debris shall be required
to be enclosed as hereinbefore mentioned.
[Added 2-16-1994 by Ord.
No. 3-1994]
Containers other than those described in the preceding § 187-5 of this chapter shall not be utilized by the owner or occupant of any premises. On an occasional basis, it may be necessary for the owner or occupant to dispose of wooden or cardboard containers. Such shall not be used for the regular accumulation of trash. The municipality reserves the right to dispose of the same when they are placed at the curbside for municipal residential trash collection. Plastic bags, paper bags or other similar containers shall not be used for the placement of rubbish or trash at curbside unless contained within a wooden or cardboard container, sealed and closed so as to prevent the breakage or splitting of the same or the entry into such container by wandering animals or birds. In the event that an owner or occupant of any premises utilizes containers other than those provided for in this chapter, such property owner or occupant shall be held responsible for litter caused as a result thereof and will be responsible for cleaning up the area and, upon failure to do so, shall become subject to the fines and penalties provided for in this chapter.
At the time of adoption of this chapter, the City of Brigantine owns
and operates a transfer station. No person or entity may deposit any item
or rubbish or refuse in such transfer station without the specific permission
of the Department of Public Works or other responsible official of the City
of Brigantine.
The City of Brigantine will provide residential bulk-item pickup on
a frequency to be established by the Department of Public Works. Construction,
commercial or industrial waste will not be picked up in this manner. The City
may refuse to pick up and dispose of items that are deemed hazardous or injurious
to public health. Where such items are refused, it shall be the responsibility
of the resident or person responsible for the accumulation of such waste to
dispose of the same, according to law.
[Amended 7-21-1993 by Ord.
No. 18-1993]
A.
For the purpose of this section, yard waste shall be
defined as grass, leaves, clean wood and brush uncontaminated with other waste
material which is acceptable for processing at the Atlantic County Utilities
Authority's composting site.
[Amended 1-19-2005 by Ord. No. 1-2005]
B.
Yard waste must be separated from other refuse and shall
not be included with household garbage. Yard waste will be collected once
each week from April 15 through October 15 via curbside collection.
C.
Yard waste shall be placed in biodegradable paper bags
or rigid reusable trash containers. Yard waste in plastic bags shall not be
permitted and shall not be collected as part of any weekly collection. For
the purpose of this section, biodegradable bags shall be paper bags which
are designed and manufactured to decompose by natural biological process.
Yard waste placed in plastic bags will not be collected by the Atlantic County
Utilities Authority or the City of Brigantine. The biodegradable bags, when
filled, shall weigh less then 50 pounds. The bags shall be placed at the curb
to be collected by a separate truck on or near the resident's property. The
bags shall be placed at said property for ready access by collection crews
and must not be placed in or near standing or runoff water or so as to inhibit
stormwater drainage. The bags shall not contain any branches, trash or other
nonbiodegradable material.
[Amended 1-19-2005 by Ord. No. 1-2005]
D.
Twigs and branches up to two inches in
diameter may be tied, with cotton twine or cord, in bundles no greater than
four feet in length.
E.
Branches two inches or greater in diameter are not considered
yard waste and must be included with household garbage.
After 10 days' written notice has been given to the responsible party,
either owner or occupant, by the Health Department Official or his duly authorized
agent to dispose of defective or illegal waste containers, the condemned containers
may be collected as rubbish by the City of Brigantine or its contractor.
The accumulation of waste, trash, rubbish, refuse, commercial or industrial
waste or by-product on any premises in the City of Brigantine or the failure
of the person or entity responsible for such premises to provide for regular
and clean waste storage and removal shall be deemed a violation of this chapter.
No person shall overturn, spill, scatter, root through or pull apart
any garbage or refuse set out for collection, nor shall any person remove
anything from any receptacle, bundle, garbage or refuse set out for collection
in such a manner as shall cause the provisions of this chapter to be violated.
The primary official of the City of Brigantine responsible for enforcing
this chapter is the Health Department Official, who should be notified by
those citizens who believe that a violation of the terms of this chapter may
exist. Any responsible official of the City of Brigantine, including those
normally designated to exercise the police power on behalf of the City of
Brigantine, including but not limited to employees and agents of the Police
Department, Fire Department, Board of Health, Zoning Department, Construction
Code Department or any other enforcement agency of the City of Brigantine,
is authorized and empowered to exercise the powers necessary to enforce the
provisions of this chapter. Officials responsible for enforcement of the terms
and conditions of this chapter are entitled to exercise their discretion in
determining the existence of any violation or in determining whether to seek
any combination of fines and penalties provided for violation of this chapter
should be imposed or to use other means of enforcement, including persuasion
or issuance of warnings. Nothing shall prevent a citizen, homeowner or other
interested person from acting as a complaining witness in the Municipal Court
of Brigantine or such other court having jurisdiction to enforce this chapter.
[Amended 12-28-1992 by Ord.
No. 28-1992]
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be punished by a fine of up to but not more than
$1,000 or by imprisonment for a term not exceeding 90 days, or both. Failure
of any employee or agent of the City of Brigantine or any person acting on
its behalf to give any prior notice to such violator shall not be construed
as evidence of waiver of the City of Brigantine's right to enforce the terms
and conditions of this chapter. A separate offense shall be deemed to have
been committed on each day during or on which a violation of the terms and
conditions of this chapter occurs and continues.
Whenever the City of Brigantine finds that an emergency exists which
requires immediate action to protect the public health or safety, the public
officer of the City of Brigantine charged with enforcement of the terms and
conditions of this chapter may, without notice or hearing, issue an order
requiring that such action be taken as is determined to be necessary. The
statutes and other provisions of this chapter shall be applied to meet the
emergency, and such order shall be effective immediately. Any person to whom
such order is directed shall comply immediately. In the event that action
must be taken by the municipality on an emergency basis, charges and costs
for the action so required shall be charged to the premises owner and considered
as a lien on the property.
[Adopted 1-7-2004 by Ord. No. 26-2003]
As used in this article, the following terms shall have the meanings
indicated:
Any building or structure or complex of buildings or structures in
which five or more dwelling units are rented or leased or offered for rent
or lease for residential purposes except hotels, motels or other guesthouses
serving transient or seasonal guests, as those terms are defined pursuant
to Subsection J of Section III of the hotel and multiple dwelling law.
The cost that would be incurred by a municipality in providing solid
waste collection services to a multifamily dwelling in the same manner as
the municipality provides those services, curbside, to other residents of
the municipality.
A.
In lieu of providing the services set forth in this article,
the City of Brigantine shall require that the multifamily dwelling enter into
a written agreement with the City of Brigantine for annual reimbursement.
B.
The amount to be reimbursed to the multifamily dwelling
shall be used by the multifamily dwelling solely to pay for the service of
collection of solid waste, and that amount shall be the actual documented
cost to the multifamily dwelling of providing that service, but in no event
shall it exceed the amount which the City of Brigantine would have expended
on that service if it were provided directly by the municipality to the multifamily
dwelling.
C.
The agreement entered into pursuant to this article shall
require an accounting by the multifamily dwelling of the use of the money
paid over to said multifamily dwelling by the City of Brigantine and for the
refunding to the City of Brigantine of any payments in excess of the amounts
actually expended during the calendar year to provide for the services covered
by the agreement.
D.
The City of Brigantine shall be specifically indemnified
and held harmless by the multifamily dwelling and any and all residents thereof
from any lawsuit of any nature by virtue of the collection of solid waste
by any third party.
E.
The City of Brigantine shall only be responsible to pay
to the multifamily dwelling the percentage for each calendar year as set forth
in this article.
The City of Brigantine shall reimburse the multifamily dwelling for
the actual cost to the multifamily dwelling of providing solid waste collection
services, but in no event shall said amount be more than what the municipality
would have expended on the solid waste collection services if provided by
the City of Brigantine directly to the multifamily dwelling and calculated
as if the dwelling units were located along public roads and streets and the
solid waste collection service was provided curbside.
In order to be eligible for the reimbursement for solid waste collection
services, a multifamily dwelling shall be required to comply with all recycling
requirements applicable to all other residential properties within the City
of Brigantine. The designated representative of the multifamily dwelling must
certify each year to the City Manager of the City of Brigantine or his designee
that said recycling requirements have been met, or the City of Brigantine
shall not be required to provide reimbursement. If, through independent investigation
by the City of Brigantine or any officers, employee or agents thereof, it
is discovered that despite said certification the recycling which is required
by this article is not occurring, then the same shall be reported to the certified
Public Works Manager within the City of Brigantine. If the certified Public
Works Manager employed by the municipality determines that a multifamily dwelling
is not in compliance with the municipal recycling requirements, then the City
of Brigantine may terminate the solid waste and recyclable collection services
to the multifamily dwelling, or reduce its reimbursement payments by an amount
equal to the landfill or disposal costs that would be saved if the recyclables
were separated from the other solid waste. No solid waste collection shall
be terminated or reimbursed amount shall be reduced pursuant to this section
of this article unless the designated representative of the multifamily dwelling
has been sent written notice of noncompliance and been given 30 days'
written notice of the proposed reimbursement amount reduction. During those
30 days, the designated representative shall have the opportunity to bring
the multifamily dwelling into compliance with the municipal recycling requirements
and have that compliance certified by a certified Public Works Manager employed
by the City of Brigantine.
A multifamily development shall designate a representative for the purpose
of signing and implementing an agreement with the City of Brigantine pursuant
to this article. Said designated representative must be the landlord or, if
a corporation or other business entity is the landlord, must be a stockholder,
partner or other owner of said business entity which is authorized by the
appropriate resolution of said business entity to serve as the designated
representative for the purpose of this article. Any such resolution of a corporate
entity must be forwarded to the City of Brigantine prior to any reimbursement
pursuant to this article. The individual designated by the City of Brigantine
to effectuate the contents of this article shall be the City Manager of the
City of Brigantine or his designee.
A.
The City of Brigantine shall reimburse the multifamily
dwelling for solid waste collection services by issuing a check pursuant to
the phase-in section of this article to the designated representative of the
multifamily dwelling prior to June 1 of the subsequent year to reimburse said
multifamily dwelling for services provided the previous calendar year. The
amount of the reimbursement check shall be calculated in accordance with the
formula established by the City Manager of the City of Brigantine or his designee.
Prior to any reimbursement, it shall be the multifamily dwelling's responsibility
to provide to the City of Brigantine a certification regarding the recycling
requirements as set forth in this article and an itemized invoice marked "paid,"
showing the amounts spent by said multifamily dwelling for solid waste collection
services for the year for which reimbursement is sought.
The City of Brigantine shall be provided with required data to support
and justify eligibility for reimbursement of expenses incurred by the multifamily
dwelling. In no event shall the multifamily dwelling receive more than the
figure determined by the City of Brigantine based on the amount actually expended
by the City of Brigantine for such services during the fiscal year. The multifamily
dwelling shall furnish proof of payment for the services for which they seek
reimbursement, on an annual basis.
The City of Brigantine shall reimburse the designated representative
of the multifamily dwelling for a portion of the costs of providing solid
waste collection services as follows:
|
Year
|
Percent of Reimbursement
(for the total cost of services)
|
|---|---|
|
2002
|
20%
|
|
2003
|
40%
|
|
2004
|
60%
|
|
2005
|
80%
|
|
2006 and beyond
|
100%
|
