[HISTORY: Adopted by the Borough Council of the Borough of
Bay Head 12-21-2009 by Ord. No. 2009-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 83.
Littering — See Ch. 150.
Property maintenance — See Ch. 183.
Streets and sidewalks — See Ch. 209.
[1]
Editor's Note: This article also repealed former Ch. 204, Solid Waste, which was comprised as follows: Art. I, Garbage and Refuse, adopted 7-15-1986 by Ord. No. 1986-7, as amended; Art. II, Recycling, adopted 2-16-1988 by Ord. No. 1988-3, as amended; Art. III, Dumping; Storage of Waste, adopted 5-3-1988 by Ord. No. 1988-9, as amended; Art. IV, Handling of Yard Waste, adopted 9-16-2006 by Ord. No. 2006-14; Art. V, Yard Waste Collection and Disposal Program, adopted 9-19-2006 by Ord. No. 2006-15.
The words, terms and phrases used in this chapter shall have
the following meanings:
Large items of solid waste which, because of their size or
weight, require handling other than that normally used for municipal
waste. "Bulky waste" includes, but is not limited to, such items as
tree trunks, automobile bodies, demolition or construction materials,
appliances, furniture, and drums.
Those properties any portion of which is used for retail
or other commercial purposes.
Rubbish, unwanted food and waste, and materials normally
produced by the occupants of residential and commercial property and
disposed of by private or municipal pickup.
Any waste or combination of wastes that poses a present or
potential threat to human health, living organisms, or the environment,
including but not limited to waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
or flammable, and any waste so designated by the United States Environmental
Protection Agency. "Hazardous waste" includes radioactive waste, and
any other substance or material defined as hazardous by the Ocean
County Department of Solid Waste Management.
Those facilities that house or serve groups of people, including
but not limited to schools, libraries, and governmental offices.
Any individual, trust, firm, joint-stock company, federal
agency, corporation (including a government corporation), corporate
official, partnership, association, state, municipality, commission,
political subdivision of a state, or interstate body.
Heavy-gauge plastic bags at least one mil in thickness which
are to be used to contain garbage.
Any residential dwelling unit.
Garbage and other discarded materials resulting from industrial,
commercial and agricultural operations, and from domestic and community
activities, and shall include all other waste materials, including
liquids, except for solid animal and vegetable wastes collected by
swine producers licensed by the State Department of Agriculture to
collect, prepare and feed such wastes to swine on their own farms.
[Amended 3-2-2015 by Ord.
No. 2015-04]
There is hereby established a program for the municipal collection
of garbage from all residences, commercial establishments, and institutional
establishments, as well as a program for bulky waste collection from
residences within the Borough of Bay Head. There shall also be a free
Borough-wide bulk pickup provided during the first week in both the
months of June and October.
The Borough Council shall annually, or more frequently as necessary,
by resolution, establish rules and regulations for the disposal of
garbage, bulky waste and the annual clean-up week and such other matters
as are required to implement this chapter. Failure to conform to such
regulations shall be deemed a violation of this chapter.
A.
Garbage placed for municipal collection shall not contain any of
the designated recyclable materials.
B.
Materials resulting from demolition, repair, excavation, construction,
renovation, or similar activities performed on buildings or structures,
including but not limited to plaster, mortar, lumber, roofing materials,
and other similar materials, shall not be collected. The person, firm
or corporation obtaining a construction permit, where applicable,
shall be responsible for removing construction debris from the job
site. If any person, firm, or corporation places construction debris
for collection, a stop-work order shall be issued by the municipality,
and no work shall continue until the construction debris has been
removed by the person, firm, or corporation to whom the construction
permit was issued. Persons, firms or corporations performing work
that does not require a permit and that results in the accumulation
of such materials shall be responsible for removing construction debris
from the site.
C.
Industrial or hazardous waste or industrial or commercial equipment
shall not be collected.
D.
Garbage shall be placed securely in heavy-gauge plastic bags and
placed in a collection receptacle.
E.
Grass clippings shall be placed in a receptacle for collection. Receptacles
containing grass clippings must be kept in the rear or side yard for
collection.
F.
Volatile or explosive material prohibited. Nothing of a highly volatile
or explosive nature, whether in liquid, gaseous, or solid form, shall
at any time be placed for collection, either by itself or in connection
with garbage.
G.
Collection receptacles.
(1)
The owner, tenant, occupant, or operator of every dwelling, apartment,
hotel, rooming house, store, business, building, market, restaurant,
yacht club, marina, or other premises where garbage shall accumulate
must provide and keep on such premises sufficient and suitable metal
or plastic receptacles, cans, or barrels, with covers for all of the
same, for receiving and holding garbage and grass clippings.
(2)
A receptacle or container shall not exceed 60 pounds in weight when
full. All receptacles and containers shall be kept covered and in
an upright position. Plastic garbage bags shall be kept closed and
sealed within a receptacle.
(3)
A maximum of three thirty-gallon receptacles may be set out for collection
from any individual private dwelling, apartment, hotel, rooming house,
building, market, restaurant, yacht club, marina, store, or business
of any kind, including any industrial plant or complex.
(4)
No service shall be provided for the pickup of any dumpsters.
H.
Public litter containers. No place of business or household shall
deposit garbage in any public litter container placed on the streets
of the Borough.
All receptacles shall be placed for collection as follows:
A.
Location.
(1)
The owner, tenant, occupant, or operator of every dwelling, apartment,
hotel, rooming house, store, business, building, market, restaurant,
yacht club, marina, or other premises in the Borough where garbage
shall accumulate shall, on the scheduled days for collection, place
or have placed in proper and suitable receptacles or containers, as
set forth in this chapter, all garbage as defined in this chapter
at the following locations outside of the building proper, where the
same will be easily accessible to the collector:
(a)
Private dwelling collection receptacles and containers must
be located in the rear or side yard of the structure, screened from
public view from the street or alley.
(b)
Restaurants, hotels, rooming houses, buildings, stores, or businesses
of any kind shall place collection receptacles at the rear of the
structure or at a place agreed to by the contractor and the Borough,
screened from public view from the street or alley.
(2)
Receptacles awaiting collection shall be stored or kept in such places
so as not to become a nuisance to the occupants of any dwelling, and
at no time shall they be kept under the windows of any adjacent dwelling.
(3)
All receptacles for garbage, whether empty, partially filled, or
fully filled, shall be kept in the rear of a private dwelling or place
of business, or a location screened from public view, such as a side
yard, and not on any part or portion of the front yard of said premises.
(4)
Bulky waste items set out on the berm or curbline for collection
must have an official Borough collection sticker affixed or they will
not be picked up by the authorized collector. Items shall be placed
so as to not block or interfere with the use of the sidewalk or streets.
Stickers may be obtained at the Borough Hall, for the proper fee,
at which time the applicant will be informed when the items will be
collected. A price schedule is set forth in the fee schedule on file
at the office of the Municipal Clerk. There shall also be a free Borough-wide
bulk pickup provided on the last Wednesday in May and October.
B.
Time. The owner, tenant, occupant, or operator of every dwelling,
apartment, hotel, rooming house, store, business, building, market,
restaurant, yacht club, marina, or other premises in the Borough where
garbage shall accumulate, or any other person, shall not place or
cause to be placed tagged items or permit to remain on the curbline,
berm, or any portion of the street or sidewalk, or any part or portion
of the front yard of the premises, tagged items earlier than 5:00
p.m. of the day preceding the time scheduled for the collection.
C.
Interference with placement and collection prohibited. No person
shall prevent or interfere with any agent or employee of the Borough
or any authorized contractor or collector of garbage or their employees
in the discharge of their duties.
D.
Establishment of collection schedule. The scheduled days for garbage
collection shall be established by resolution of the Mayor and Council.
The scheduled days for collection of garbage may be temporarily changed
by the Borough Council, or its designated committee, in matters of
emergency or necessity. There shall also be a free Borough-wide bulk
pickup provided on the last Wednesday in May and October.
E.
Special pickups. Pickups for large items such as household items,
appliances, etc., will be available only at curbside at an additional
charge. Arrangements for this service must be made at the Borough
Hall on Wednesdays only, 9:00 a.m. to 12:00 noon. The price schedule
shall be as set forth in the fee schedule on file at the office of
the Municipal Clerk.
Every person and entity shall comply with the following requirements
in transporting or storage of waste:
A.
Regulation of vehicles. All vehicles used in transporting ashes,
garbage, trash, rubbish, and waste through the streets of the Borough
shall be furnished by the owner or operator, must have good tight
bodies and, when loaded, shall be securely covered with a type of
cover approved by the Borough to prevent their contents from being
scattered on the streets.
B.
Private collection. Every private collector of ashes, garbage, trash,
and waste material shall conform to the provisions of this article
and the rules and regulations for the collection and disposal of ashes,
garbage, trash, and rubbish.
C.
Removal and disposal. All ashes, garbage, trash and rubbish material
must be removed and disposed of in areas outside of the Borough limits.
Any person who violates this article or fails to comply with
any of its requirements shall, upon conviction thereof, be subject
to the maximum fines and penalties established under N.J.S.A. 40:49-5,
and as same may be amended from time to time. Each and every day a
violation of this article shall exist shall constitute a separate
violation.
As used in this article, the following terms shall have the
meanings indicated:
DESIGNATED RECYCLABLE MATERIALS — Those materials
designated within the Ocean County District Solid Waste Management
Plan to be source-separated for the purpose of recycling. Those materials
are commingled (bottles, glass, and cans), newspaper, mixed paper
(magazines, catalogues, junk mail, used writing paper), leaves, branches,
white goods, tires, motor oil, and household batteries and thermometers.
COMMINGLEDAll plastic bottles, aluminum and steel cans, glass bottles and containers.
PAPERMagazines, catalogues, junk mail, writing paper, newsprint, corrugated cardboard, office and school paper; no chipboard or pizza boxes.
Computer central processing units and associated hardware
including keyboards, modems, printers, scanners and fax machines,
cathode ray tubes, cathode ray tube devices, flat panel displays or
similar video display devices with screens that are greater than four
inches measured diagonally and that contains one or more circuit boards,
including televisions and cell phones
Any building or structure or complex of buildings in which
three or more dwelling units are owner-occupied, rented or leased,
or offered for rental or lease, for residential purposes (See N.J.S.A.
13:1E-99.13a.) and shall include hotels, motels, or other guest houses
serving transient or seasonal guests as those terms are defined under
subsection (j) of Section 3 of the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c.76 (N.J.S.A. 5:13A-1 et seq.).
Person or persons appointed by the Borough Council and who
shall be authorized to, among other things, enforce the provisions
of this article and any rules and regulations that may be promulgated
hereunder.
All solid waste generated by residential, commercial, and
institutional establishments within the boundaries of the Borough
of Bay Head.
Those materials, as defined in this article, that would otherwise
become solid waste and that may be collected, separated, or processed
and returned to the economic mainstream in the form of raw materials
or products.
Bits and pieces of metal parts (for example, bars, turnings,
rods, sheets, wire, nails, screws) or metal pieces that may be combined
together with bolts or soldering (for example, radiators, scrap automobiles,
aluminum, metal, or steel items such as grills, appliances, tools,
furniture, and beach chairs) which, when worn or superfluous, can
be recycled. Materials not covered by this term include residues generated
from smelting and refining operations (that is, drosses, slags, and
sludges), liquid wastes containing metals (that is, spent acids, spent
caustics, or other liquid wastes with metals in solution), liquid
metal wastes (for example, liquid mercury), or metal-containing wastes
with a significant liquid component, such as spent batteries.
The combination of commingled and paper listed in the definition
of "dual stream" in one container; does not include plastic bags,
food waste, paper towels, paper napkins, pizza boxes, egg cartons,
aluminum foil, plastic cups and utensils; no plastic other than bottles;
no juice boxes or bags; no garbage.
Recyclable materials that are separated at the point of generation
by the generator thereof from solid waste for the purposes of recycling.
Process by which recyclable materials are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
A.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail or other
commercial locations, as well as government, schools, and other institutional
locations within the Borough of Bay Head, to separate designated recyclable
materials from all solid waste. Designated recyclable materials shall
be separated from other solid waste generated by the owners, tenants,
or occupants of such premises and shall be dropped off at the recycling
center.
B.
A recycling center shall be established for the purpose of accepting,
collecting, storing, and further disposing of recyclable materials.
It shall be mandatory for all owners, lessees, and occupants of residential
and commercial properties in the municipality to deliver household
recyclable materials to the recycling center, except that municipal
personnel shall provide curbside pickup service for such persons who
are disabled or who lack means of transport. It shall be mandatory
that all broken window or plate glass be placed in a secure container
or wrapping to facilitate safe loading and shall be turned over to
the appropriate attendant at the recycling center. It shall be mandatory
that all scrap metal be placed in the walled area at the recycling
center designated for metal collection. The recycling center shall
be operated for the use of municipal residents only, except that,
at the discretion of the Recycling Coordinator, with the approval
of the Borough Council, use by nonresidential establishments within
the municipality may be permitted. Persons delivering recyclables
to the recycling center shall furnish proof of residence when requested
by Borough personnel. The Recycling Coordinator shall establish a
system of easy identification. The recycling center shall be open
from 7:30 a.m. to 3:45 p.m. Monday through Friday, and 9:00 a.m. to
2:45 p.m. Saturday and Sunday, subject to its closure on all state
and federal holidays, except Labor Day.
A.
The position of Recycling Coordinator is hereby created and established
within the Borough of Bay Head.
B.
The Recycling Coordinator shall be appointed by the governing body
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, subject to the approval of the governing
body, shall establish and promulgate reasonable rules and regulations
for the manner of collection, sorting, transportation, sale and/or
marketing of recyclable material in order to encourage the preservation
of material resources while minimizing the cost of the recycling program
to the municipality. The Recycling Coordinator, subject to the approval
of the governing body, shall also establish and promulgate reasonable
changes and/or additions in the list of mandatory recyclables, days
and times for the collection of recyclables, and days and times of
operation of the recycling center, notwithstanding the guidelines
set forth in this article.
A.
The governing body may use municipal personnel to operate the recycling
center and to collect recyclables as required and shall sell said
recyclable material if a market exists therefor, pursuant to N.J.S.A.
40A:11-1 et seq., or shall enter into an agreement with the Ocean
County Department of Solid Waste Management for disposal of recyclables
at county facilities.
B.
The governing body may elect to enter into agreements with qualified
persons or corporations authorizing them to collect recyclable material
at curbside or from the recycling center and to sell the recyclable
material.
C.
For those residents unable to deliver their recyclable materials to the recycling center as required in § 204-9B the curbside collection of recyclables shall occur on the first Thursday of each month. Recyclable materials shall be placed at curbside no earlier than 5:00 p.m. on the first Sunday of each month and no later than 9:00 a.m. on the first Thursday of each month. In the event that the recyclables are not picked up, the recyclables must be removed from curbside by 5:00 p.m. on the Friday following the first Thursday of each month.
The owner of any property shall be responsible for compliance
with this article. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management in
those instances when the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
A.
All commercial or institutional generators of solid waste shall be
required to comply with the provisions of this article.
B.
The arrangement for drop-off of designated recyclables hereunder
shall be the responsibility of the commercial, institutional, or industrial
property owner, or his or her designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional, or industrial properties that provide outdoor litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacles, and
shall provide for separate recycling service for their contents.
C.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at its premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
D.
All food service establishments, as defined in N.J.A.C. 8:24-1.5,
shall, in addition to compliance with all other recycling requirements,
be required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any Code Enforcement Officer.
Pursuant to N.J.S.A. 13:1E-99.13a and 13:1E-99.16c:
A.
Any application to the Planning Board of the Borough of Bay Head
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land must include
a recycling plan. This plan must contain, at a minimum. the following:
(1)
A detailed analysis of the expected composition and amount of solid
waste and recyclables generated at the proposed development; and
(2)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size and at a
convenient location and shall contain other attributes (signage, lighting,
fencing, etc.) as may be determined by the municipal Recycling Coordinator.
B.
Prior to the issuance of a certificate of occupancy by the Borough
of Bay Head, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
when the municipality does not otherwise provide this service.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
A.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or that has audible and/or visible signs
of, designated recyclable materials. It is also unlawful for solid
waste collectors to remove for disposal those bags or containers of
solid waste that visibly display a warning notice sticker or some
other device indicating that the load of solid waste contains designated
recyclable materials.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
C.
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
The Code Enforcement Official, the Recycling Coordinator, the
Property Maintenance Official, the Housing Officer, and the Ocean
County Department of Health are hereby individually empowered to enforce
the provisions of this article. An inspection may consist of sorting
through containers and opening of solid waste bags to detect, by sound
or sight, the presence of any recyclable material.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day for which a violation of this article occurs shall be considered
a separate offense.
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund. Monies in the Municipal Recycling Trust Fund shall be used for
the expenses of the municipal recycling program.
