[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light 9-20-1989 by Ord. No. 89-22 (Sec. 3-20 of the Revised General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Barnegat Light or other public body, and is designed and used for collecting and conveying stormwater.
[Added 3-16-2005 by Ord. No. 05-10]
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Added 3-16-2005 by Ord. No. 05-10]
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
[1]
Editor's Note: See also Ch. 140, Property Maintenance, Art. I, Accumulation of Refuse.
[Amended 3-16-2005 by Ord. No. 05-10]
A. 
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
C. 
The spilling, dumping or disposal of materials other than stormwater to or into the municipal separate storm sewer system operated by the Borough of Barnegat Light is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to or into the municipal separate storm sewer system is also prohibited.
D. 
This prohibition shall not apply to any of the following:
(1) 
Waterline flushing and discharges from potable water sources;
(2) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters);
(3) 
Air-conditioning condensate (excluding contact and noncontact cooling water);
(4) 
Irrigation water (including landscape and law watering runoff);
(5) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;
(6) 
Residential car washing water, and residential swimming pool discharges;
(7) 
Sidewalk, driveway and street wash water;
(8) 
Flows from fire-fighting activities;
(9) 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following its use for its intended purposes;
(b) 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping); recovered materials are to be returned to storage for reuse or properly discarded;
(c) 
Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
Litter receptacles and their servicing are required at the following public places which exist in the municipality: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; and beaches and bathing areas and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.
A. 
Uncovered vehicles. It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all such materials and shall pay the costs therefor.
B. 
Trash can lids. The receptacle in which garbage, rubbish or trash is placed shall be a watertight metal or plastic container with a lid to properly fit the container so as to prevent the garbage, rubbish or trash from being scattered or otherwise distributed over the surface of any street, highway or other public place.
[Added 5-18-1990 by Ord. No. 90-35]
[Amended 4-21-2004 by Ord. No. 04-6]
A. 
No owner, contractor, subcontractor, or their agents or employees performing or allowing to be performed any work on any improved or unimproved real property in the Borough of Barnegat Light shall sweep, throw, deposit or dump any litter, rubbish or construction waste material in or upon the construction site property.
B. 
In order to prevent any litter, rubbish or construction waste material from littering the construction site or surrounding area, the owner of the real property upon which improvements, renovations or demolitions are being made and the contractor or subcontractor performing such work shall provide private receptacles for the deposit of litter, rubbish and construction material in such a manner as to prevent litter, rubbish and construction waste material from being scattered, carried or deposited by the elements or otherwise upon any private property, public property or waterways. The owner shall further be responsible for the private removal of construction/demolition trash receptacles at the owner's own cost and expense.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter.
[Added 9-19-2007 by Ord. No. 07-10[1]]
Any person, firm, corporation or other legal entity engaged in cutting any stone or masonry products, including without limitation brick pavers, bricks, concrete blocks and stone, shall perform such cutting only by using water-dampened cutting disks or water-dampened cutting saws to control, as much as may be practicable, the dispersion of dust generated by such cutting, and any person, firm, corporation or other legal entity sanding any fiberglass product or fiberglass deck shall do so only with a sander equipped with a vacuum-type bag to capture, to the greatest extent possible, the particles of ground fiberglass generated by the cutting or sanding operation.
[1]
Editor’s Note: This local law also redesignated former § 114-10, violations and penalties, as § 114-15 and added reserved §§ 112-11 through 112-13.
[Added 9-11-2024 by Ord. No. 2024-12]
A. 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
(1) 
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
(2) 
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
(3) 
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
(4) 
Loose materials shall be covered as follows:
(a) 
The cover shall be waterproof, impermeable and flexible;
(b) 
The cover shall extend to the base of the pile(s);
(c) 
The cover shall be free from holes or tears;
(d) 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
(e) 
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
[1] 
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
(5) 
Containers must be sealed when not in use; and
(6) 
The site shall be free of all de-icing materials between April 16 and October 14.
B. 
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 through April 15.
C. 
(Reserved)
D. 
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this section are met. Inspection records shall be kept on-site and made available to the municipality upon request.
(1) 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
E. 
Exemptions. Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks. If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements above. Piles of de-icing materials are not exempt, even if stored in a permanent structure. This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
[Added 9-19-2007 by Ord. No. 07-10]
The provisions of this chapter may be enforced by the Construction Code Official or the Zoning Officer of the Borough of Barnegat Light.