[HISTORY: Adopted by the Township Council
of the Township of Medford 8-7-1995 by Ord. No. 1995-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 82, Garbage, Rubbish and Refuse, adopted 5-17-1988 by Ord.
No. 1988-9.
The Township of Medford finds that the reduction
of the amount of solid waste and conservation of recyclable materials
is an important public concern and is necessary to implement the requirements
of SWMA and the County Plan. The separation and collection of paper,
cardboard, glass, cans and any other materials which shall in the
future be designated as "recyclables" for recycling from the residential,
commercial and institutional establishments in this Township will
minimize the adverse environmental effects of landfilling by reducing
the need for landfills and conserving existing landfill capacity,
facilitate the implementation and operation of other forms of resource
recovery called for by the County Plan, conserve natural resources
and reduce the cost of solid waste disposal in general. This chapter
will also establish regulations, enforcement and penalties concerning
municipal services for the collection and disposal of nonrecyclable
solid waste.
The recycling sections of this chapter are adopted
pursuant to Sections 6, 9 and 14 of P.L. 1987, c. 102 (effective April
20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1.
A.
ALUMINUM CAN
APARTMENT COMPLEX
BRUSH
BULK
CANS
CARDBOARD
COMMERCIAL or COMMERCIAL USER
COMMERCIAL TRASH
COMMINGLED
CONDOMINIUM COMPLEX
CONSTRUCTION DEBRIS
COUNTY
COUNTY PLAN
DESIGNATED RECYCLABLE MATERIALS
DISPOSITION
GLASS
GRASS CLIPPINGS
HOUSEHOLD TRASH
INSTITUTIONAL
LEAVES
MOBILE HOME PARK
TOWNSHIP
OWM
PAPER
PERSON
RECYCLABLE MATERIAL
RECYCLING
RECYCLING DROPOFF
RESIDENT
ROADSIDE
SOLID WASTE
SOURCE-SEPARATE
SWMA
TOWNSHIP
WHITE GOODS
As used in this chapter, the following definitions
shall apply:
Containers which are comprised entirely of aluminum and which
contain or formerly contained only nonhazardous substances.
Twenty-five apartments or more located on a single property
or contiguous properties under common ownership or management. For
this purpose, "apartment" shall mean an enclosed space that consists
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories but not the entire building,
and that is designed for use as a residence.
Products resulting from the pruning of trees, shrubs, bushes
or vines, but excluding grass clippings, flowers or weeds. "Brush"
shall not mean the product of tree removal or pruning by professional
tree removers, trimmers or landscapers, nor shall it mean tree trunks
or stumps.
All items of trash, debris or discarded household furniture,
equipment or other item not falling within the definition of "solid
waste" or "recyclable," which shall not fit in the trash containers
assigned to the resident. "Bulk" items shall also include white goods,
as defined herein.
Containers comprised of aluminum, tin, steel or a combination
thereof, which contain or formerly contained only nonhazardous substances
or such other substances as have been approved for recycling by OWM.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam or wax-coated or soiled corrugated cardboard.
Any person or other entity operating a business, trade, industry
or other nonresidential activity.
All nonrecyclable garbage and rubbish accumulated by any
businesses operating within the Township, limited to the capacity
of the ninety- or three-hundred-gallon container(s) assigned to the
commercial user.
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
Twenty-five condominium units or more located on a single
property or contiguous properties under common ownership or management.
For this purpose, "condominium," as in N.J.S.A. 46:8B-1 et seq., shall
mean a deed providing for ownership by one or more owners of units
of improvements, together with an undivided interest in common elements
appurtenant to each such unit.
A subcategory of bulk trash and shall mean all debris and
rubbish generated as a result of residential or commercial construction
taking place within the Township. Only recyclable "construction debris"
may be deposited at the municipal dropoff site or at curbside, if
curbside collection is provided by the Department of Public Works.
Recyclable "construction debris" shall not include any painted wood
or other painted materials, any Formica or plastic derivative, metals
or any asbestos shingles or other asbestos-containing material.
The County of Burlington, State of New Jersey.
The District Solid Waste Management Plan for Burlington County
as approved by the New Jersey Department of Environmental Protection.
Those recyclable materials to be source-separated in this
municipality. The term includes, but is not limited to, glass, paper,
aluminum and ferrous cans, corrugated cardboard, plastic containers,
food waste, ferrous and nonferrous scrap and white goods.
The proper and lawful transportation, placement or arrangement
of designated recyclable materials for all possible end uses except
disposal as solid waste, and in the case of solid waste, the proper
and lawful transportation and disposal of solid waste.
All clear (flint), green and brown (amber) colored glass
containers. "Glass" shall not include crystal, ceramics, light bulbs
and plate, window, laminated, wired or mirrored glass.
Products of pruning, lawn grass, flowers and weeds. "Grass
clippings" shall not mean the products of pruning, lawn grass, flowers
and weeds by professional cutters or landscapers.
All nonrecyclable garbage and rubbish generated by a resident
at his household. "Household trash" shall not mean garbage or rubbish
generated by a contractor or vendor.
Any person or other entity, either public or private, either
for profit or nonprofit, who operates for educational, municipal,
charitable or other public purpose.
The vegetative product of tree branches that annually drop
from the branches.
Twenty-five mobile homes or more located on a single property
or contiguous properties under common ownership or management. For
this purpose, "mobile home" shall mean a home, excluding travel trailers,
which is a movable or portable unit, designed to be connected to utilities
for year-round occupancy.
The Township of Medford located within the County of Burlington,
State of New Jersey.
The Burlington County Office of Waste Management, its successors
and assigns.
All newspaper, high-grade office paper, fine paper, bond
paper, office paper, xerographic paper, mimeograph paper, duplication
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material, but excluding
wax paper, plastic- or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food-contaminated paper, soiled paper and
cardboard.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
chapter prescribing a fine, penalty or imprisonment, the term "person"
shall include the officers and directors of a corporation or other
legal entity having officers and a director.
A material which would otherwise become solid waste, which
can be collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any facility designed and operated solely for the receiving
and storing of source-separated, nonputrescible metal, glass, paper,
plastic containers and cardboard.
Any person residing within the Township on a temporary or
permanent basis, but excluding persons residing in hotels and motels.
That portion of the Township easement between the roadway's
edge and the resident's property line.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities and shall include all other waste materials,
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 farms.
The proper separation of recyclable materials from the solid
waste stream at the point of waste generation.
The New Jersey Solid Waste Management Act, as amended.[1]
The Township of Medford.
Household appliances, including, but not limited to, hot-water
heaters, washers, dryers, ranges and refrigerators with doors removed.
"White goods" shall not mean hot-water heaters, washers, dryers, ranges
and refrigerators generated by a commercial vendor.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
B.
All other terms and phrases shall be as defined in
SWMA, the regulations promulgated thereunder and/or the County Plan,
unless the content clearly requires a different meaning.
Solid waste pickup programs and container allocation
shall be administered as follows:
A.
Household trash pickup. Household trash pickup shall
be once each week. No container shall be placed at the roadside earlier
than the evening of the day preceding a scheduled collection day,
but not later than 6:00 a.m. on the scheduled collection day. The
container shall be removed no later than the evening of the scheduled
collection day. Household trash will not be picked up if improperly
placed at the roadside and/or not free of recyclables. Containers
shall be placed at the front of the house at the edge of pavement
off of the roadway. If a house is on a corner property, the Public
Works Department will designate the pickup location. Other rules and
policies concerning trash removal will be published in the Township
calendar and newsletters.
[Amended 5-19-1999 by Ord. No. 1999-18; 4-9-2002 by Ord. No. 2002-11; 4-16-2013 by Ord. No. 2013-6; 6-4-2013 by Ord. No. 2013-8]
(1)
Household trash containers. The Township of Medford shall service
each household for exactly one ninety-gallon container as part of
the Township solid waste program. If any containers are damaged or
destroyed, the property owner shall acquire another one from the Township's
sanitation service provider for a fee as established by them consistent
with their contract with the Township.
(2)
Additional containers. An additional container, if needed, may be
requested from the Township. Additional residential containers will
be issued upon application to and approval of the Director of Public
Works, who shall have sole discretion to make this determination.
Any additional container shall be obtained by the property owner from
the Township's sanitation service provider for a fee as established
by them consistent with their contract with the Township. There shall
be a two-container limit on all residences. No resident may deposit
trash in any Township trash container or private container other than
those properly assigned to him by the Township pursuant to this chapter.
B.
Commercial trash pickup.
[Amended 8-21-2012 by Ord. No. 2012-8; 4-16-2013 by Ord. No. 2013-6; 6-4-2013 by Ord.
No. 2013-8]
(1)
Commercial trash containers. The Township of Medford shall service
each commercial user for exactly one ninety-gallon container as a
part of the Township solid waste program. Each commercial user shall
be limited to only one container. Any previously issued containers
in excess of one ninety-gallon container will be removed from use
by the Township and will not be serviced by the Township. If any containers
are damaged or destroyed, the property owner shall acquire another
one from the Township's sanitation service provider for a fee
as established by them consistent with their contract with the Township.
For the purposes of this chapter, "commercial user" shall mean the
owner of a commercial property, and shall equate to one owner per
tax lot, as determined by the property records of the Tax Assessor's
office. Tenants or multiple users of a single commercial lot shall
not be entitled to containers.
(2)
Additional containers. Additional commercial containers needed by
commercial users may not be requested from or provided or serviced
by the Township's sanitation service provider.
C.
Bulk dropoff and pickup.
(1)
Curbside. All bulk items, including white goods as
defined herein, shall be stored inside a building or storage shed
on a resident's property prior to being placed outside for collection
and shall not be placed at the roadside for collection earlier than
10 days prior to the scheduled collection day, nor later than 6:00
a.m. on the scheduled collection day. Any bulk items, including white
goods, placed outside of a residence or business prior to the time
specified for collection shall violate this chapter and be subject
to the penalties contained herein. Bulk items and white goods generated
by commercial or professional movers, haulers, cleaners, builders
or installers shall be promptly removed by private service, but in
no event shall said bulk items remain at a residence or property for
more than 48 hours.
[Amended 8-21-2012 by Ord. No. 2012-8]
(2)
Bulk trash municipal dropoff site. The Township may
provide a bulk trash municipal dropoff site when a need is determined.
This dropoff is to be used for residential bulk trash that is inconvenient
to place at curbside for scheduled bulk pickup. No construction debris
in excess of 50 pounds generated by an individual, or from a single
site, shall be deposited at the municipal dropoff site or at curbside
for municipal collection. All debris in excess of 50 pounds shall
be taken to an approved recycling center or landfill. Proof of residency
in the Township of Medford is required in order to use the municipal
bulk trash dropoff site. Such proof may be provided by a resident
showing his or her driver's license or vehicle registration. In the
event that a nonresident contractor is hauling bulk trash for a resident
to the municipal dropoff site, a letter stating the resident's name,
address and telephone number and the contractor's authorization to
haul bulk trash from that residence with the resident's signature
is required. Notwithstanding the foregoing, and within the discretion
of the Director of Public Works, in-person authorization, given directly
by the resident to the Director of Public Works or his designee, may
be required before admittance of the nonresident contractor to the
dropoff site.
D.
Brush pickup.
(1)
Residential curbside collection. All brush shall be
stored on a resident's property and shall not be placed at the roadside
earlier than 10 days preceding the Monday of the scheduled collection
week. Brush collection/schedules shall be distributed or otherwise
made available by the Department of Public Works. Brush generated
by professional tree removers, trimmers or landscapers shall be removed
by private services within 10 days from the date it is generated.
Brush, as defined in this chapter, shall exclude grass clippings,
flowers, weeds, tree trunks and stumps.
[Amended 8-21-2012 by Ord. No. 2012-8]
(2)
Municipal dropoff. The Township may provide a bulk trash municipal dropoff site when a need is determined. This dropoff is to be used for the dropoff and disposition of commercial and municipal brush. Brush meeting the definition contained in this chapter shall be accepted, within the sole discretion of the Director of Public Works. For all such accepted brush, the Township shall charge a fee based on cubic yard of acceptable brush, as set forth in Chapter 71 of the Code of the Township of Medford.
A.
Establishment of curbside program.
(1)
There is hereby established a program ("curbside program")
for the separate collection of paper, cardboard, glass and cans from
all non-physically disabled residents of Medford Township. Said curbside
program shall not apply to any apartment complex, condominium complex
or mobile home park or to any commercial or institutional establishment.
(2)
Collections of recyclable materials pursuant to this
chapter shall be in accordance with a schedule of recycling collection
areas and dates to be publicly advertised by the Township and county.
(3)
All residents of the Township within the area serviced
by the curbside program established pursuant to this section shall
source-separate or, should the County Plan in the future no longer
require source separation, shall appropriately gather all designated
recyclables upon receiving notice from the Township and shall place
them at the side of the road fronting their residence in the manner
designated in this chapter and on the date specified for collection
by the schedule published by the Township and county.
(4)
Designated recyclables for this curbside program established
pursuant to this section shall consist of the following materials:
B.
Requirements applicable to source separation and collection
of designated recyclables for the curbside program. All recyclables
placed at the roadside by residents for collection pursuant to the
curbside program established pursuant to this chapter shall be prepared
for collection in accordance with the following:
(1)
All newspapers shall be placed in paper bags or tied
in bundles not exceeding 35 pounds in weight nor exceeding one foot
in thickness.
(2)
All other paper shall be placed in paper bags or tied
in bundles not exceeding 35 pounds in weight nor exceeding one foot
in thickness.
(3)
Cardboard shall be flattened and tied in bundles with
dimensions not exceeding one by three by three feet.
(4)
Glass containers shall have caps and lids removed.
(5)
Glass and cans shall be rinsed free of contaminants.
(6)
Glass and cans shall be placed in a recycling container
to be provided by the Township. Plastic and/or paper garbage bags
shall not be utilized as containers for glass and cans.
(7)
No material shall be placed at the roadside earlier
than the evening of the day preceding a scheduled collection day.
Material must be placed at the roadside by 6:00 a.m. on the scheduled
collection day. The recyclables shall be placed at the roadside for
collection adjacent to one another and clearly separated from containers
of solid waste.
C.
Establishment of public dropoff program.
(1)
There is hereby established a program ("public dropoff
program") for the source separation and delivery to a recycling dropoff
of paper, cardboard, glass and cans from all residents located in
areas of the Township where curbside collection does not occur, with
the exception of apartment complexes, condominium complexes and mobile
home parks.
(2)
All residents of the Township served by the public
dropoff program established pursuant to this section shall source-separate
all designated recyclables and shall deposit all such recyclables
at a recycling dropoff designated by the Township.
(3)
Designated recyclables for the public dropoff program
established pursuant to this section shall consist of the following
materials:
D.
Establishment of dropoff program for apartment complexes,
condominium complexes and mobile home parks.
(1)
There is hereby established a program ("private dropoff
program") for the source separation and delivery to a recycling dropoff
of paper, cardboard, glass and cans from all residents of apartment
complexes, condominium complexes and mobile home parks within this
Township.
(2)
The owner of and manager of every apartment complex,
condominium complex and mobile home park within this Township shall
provide and maintain, in a near and sanitary condition, recycling
dropoff(s) to receive all designated recyclables generated by residents
of the complex or mobile home park. In cases where a condominium association
exists, the condominium association shall be responsible for provision
and maintenance of the recycling dropoff(s). Said recycling dropoffs
shall be constructed and capable of receiving designated recyclables
within three months of the effective date of this chapter.
(3)
The owner of and manager of every apartment complex,
condominium complex and mobile home park shall arrange for the collection
for recycling of all designated recyclables from said dropoffs.
(4)
The number and design of the recycling dropoffs required
by this section for each apartment complex, condominium complex and
mobile home park shall be consistent with guidelines provided by OWM
pursuant to the County Plan.
(5)
Designated recyclables for the private dropoff program
required by this section shall consist of the following materials:
E.
Requirements applicable to source separation and placement
of designated recyclables in recycling dropoffs.
(1)
Designated recyclables required to be placed in recycling
dropoffs pursuant to this section shall be consistent with the following:
(a)
Newspapers shall be placed in paper bags or tied in
bundles not exceeding 35 pounds in weight nor exceeding one foot in
thickness.
(b)
All other papers shall be placed in paper bags or
tied in bundles not exceeding 35 pounds in weight nor exceeding one
foot in thickness.
(c)
Cardboard shall be flattened and placed in bundles
not exceeding one by three by three feet.
(d)
Glass containers shall have caps and lids removed.
(e)
Glass and cans shall be rinsed free of contaminants.
(f)
Glass shall be separated by color, and each color
of glass shall be placed in a receptacle designated for that color
at the recycling dropoff.
(g)
Cans shall be placed in the receptacle designated
for cans at the recycling dropoff.
(h)
Paper and cardboard shall be neatly stacked in their
designated areas in the dropoff.
(2)
Bundling requirements of Subsection E(1)(a), (b) and (c) above are not applicable in cases where the complex has secured the services of a private recycler which does not have these requirements. Glass and can separation requirements are not required if a municipally approved commingled market has been secured.
F.
Mandatory commercial and institutional source separation
program.
(1)
All persons generating municipal solid waste within
this Township through the operation of a commercial or institutional
establishment shall source-separate and arrange for the collection
for recycling of all designated recyclables within 60 days of the
effective date of this chapter.
(2)
Designated recyclables for the mandatory commercial
and institutional source separation program shall consist of the following
materials:
(a)
High-grade paper, including but not limited to white
letterhead paper, white bond paper, white typing paper, white copier
paper, white notepad paper, white writing paper, other nonglossy white
office paper without plastic, computer printout paper, manila folders,
computer tab cards and white onionskin paper.
(b)
Cardboard.
(c)
Glass bottles and cans generated by food and beverage
service establishments.
(d)
Other recyclable materials as designated by this Township
at any time 30 days after said designation and publication of notice
of the designation in a newspaper of general circulation.
(3)
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the highest
management individual of any commercial or institutional establishment
generating designated recyclables. Said arrangements may include,
without limitation, directing marketing of recyclables, delivery to
an authorized municipal dropoff, contracts with solid waste collector/haulers
for separate collection of any or all designated recyclables, contracts
with other persons for separate collection of any or all designated
recyclables or direct delivery to a county recycling facility upon
notification by OWM that deliveries of specified designated recyclables
will be accepted at this facility.
(4)
Commercial and institutional generators shall bear
responsibility for the proper disposition of recyclables even though
said generator may contract with another party for disposition. Each
generator shall submit to the Director of Public Works by the first
of February of each year documentation verifying the previous year's
total recycling (expressed by weight). Documentation shall take the
form of letters verifying weight issued by the receptor to the generator
of the recycled material. Weight slips or paid invoices must be maintained
by the generator and/or receptor for inspection if required by this
Township, county or state.
G.
Unlawful activities; nuisance.
(1)
It shall be unlawful for any person:
(a)
Other than those persons authorized, to collect any
designated recyclable which has been placed at the roadside for collection
or within a recycling dropoff pursuant to this chapter.
(b)
To violate or to cause or to assist in the violation
of any provision of this chapter or any provision of the County Plan
concerning recycling.
(c)
To place or to cause to be placed any material other
than a designated recyclable in or near a recycling dropoff.
(d)
To hinder, to obstruct, to prevent or to interfere
with this Township, the county or any other authorized persons in
the performance of any duty under this chapter or in the enforcement
of this chapter.
H.
Noncollection of solid waste contaminated by designated
recyclables. This Township or any other person collecting solid waste
generated within this Township may refuse to collect solid waste from
any person who has clearly failed to source-separate recyclables designated
under any applicable section of this chapter, and such person shall
be subject to the penalties set forth in this chapter.
I.
Other means of disposal. Notwithstanding anything
herein to the contrary, any resident of the Township may donate or
sell any recyclable to any other person, whether operating for a profit
or not for profit; provided, however, that the person receiving the
recyclables shall not, under any circumstances, collect the donated
or sold material from an established recycling collection route or
from a recycling dropoff without prior written permission from this
Township for such collection. Permission for such collection shall
be given for any day other than a Saturday or Sunday and in no case
shall such permission be given to collect recyclables from a recycling
dropoff.
J.
Noninterference with existing contracts.
(1)
Nothing contained in this chapter shall be construed
to interfere with or in any way modify the provisions of any existing
contract which is consistent with N.J.S.A. 13:1E-29 and in force in
the municipality on the effective date of this chapter.
(2)
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection,
transportation, processing or purchase of solid waste or recyclables
shall be entered into after the effective date of this chapter, unless
such renewal or such contract shall conform to the requirements of
this chapter.
A.
No person shall cause leaves to be disposed of at
any solid waste facility other than a composting facility or other
sites so designated by the Director of Public Works.
B.
All persons participating in curbside recycling programs
pursuant to this chapter shall source-separate all leaves in a manner
described in this section.
C.
All persons not eligible to participate in a roadside
program pursuant to this chapter shall arrange for separate disposal
or processing of leaves at a composting facility or other commercial
operation which will process or utilize leaves for compost or mulch.
D.
Nothing herein shall require any person to gather
leaves or prevent any person from utilizing leaves for compost or
mulch or any other gardening or landscaping purposes.
E.
Persons shall prepare leaves for curbside recycling
as follows:
[Amended 5-11-2010 by Ord. No. 2010-7; 3-7-2011 by Ord. No. 2011-2]
(1)
Leaves shall be raked to the roadside in accord with
administrative rules for pickup schedules as established by the Township
in accord with state regulations.
[Amended 8-21-2012 by Ord. No. 2012-8]
(2)
Containment is required if leaves are placed within
10 feet of an inlet.
(3)
All leaves must be free of all twigs, brush, vines
or any other foreign debris.
(4)
Leaves
must be placed no more than six feet from the edge of roadway. No
leaves may be placed in the roadway unless they are containerized
and must not obstruct parking and traffic.
(5)
Any
leaves collected by professional landscapers, contractors, or a person
or company hired by a homeowner must be removed by said landscaper,
contractor or person or company and taken and disposed of at a composting
facility or other appropriate sites.
A.
Recycling.
(1)
Enforcement officer for this chapter. The Director
of Public Works shall be responsible, under the authority of the Township
Manager, for the implementation and enforcement of all recycling requirements
of this chapter and shall have the authority to designate, as is necessary,
employees from the Department of Public Works, to monitor and enforce
the provisions of this chapter.
(2)
In addition to the enforcement officer, the Burlington County Health Department is hereby appointed as an enforcement officer for the implementation and enforcement of the commercial and institutional recycling requirements of this chapter as well as the implementation and enforcement of § 82-5D, Establishment of dropoff program for apartment complexes, condominium complexes and mobile home parks, of this chapter.
(3)
Enforcement of this chapter shall be commenced in
the Municipal Court of the Township of Medford, and the penalty or
fines shall be collected with costs in a summary civil proceeding.
(4)
Any penalties or fines collected in an enforcement
action shall be paid to the Township when such action is brought by
the Municipal Recycling Coordinator or Code Enforcement Officer. Any
penalties or fines collected in an enforcement action shall be paid
to the Treasurer of Burlington County when such action is brought
by the Burlington County Health Department.
B.
Solid waste; litter, garbage and rubbish.
(1)
The enforcement officer appointed pursuant to § 82-7A of this chapter shall also have the authority to and shall be responsible for the implementation and enforcement of all solid waste, garbage, rubbish and leaves requirements of this chapter.
(2)
Enforcement of this chapter shall be commenced in
the Municipal Court of the Township of Medford, and penalty or fine
shall be collected with costs in a summary civil proceeding.
(3)
Any penalties or fines collected in an enforcement
action shall be paid to the Township.
A.
Any person who violates the provisions of this chapter
shall, upon conviction thereof in a proceeding before a court of competent
jurisdiction, be subject to the following fines or penalties:
[Amended 8-21-2012 by Ord. No. 2012-8]
B.
Each continuing day of violation of this chapter shall
constitute a separate offense.
C.
Upon reasonable suspicion that a residential or commercial
user is violating the provisions of this chapter requiring mandatory
recycling, the Director of Public Works may cause to be inspected
the trash or containers and surrounding premises of both residential
and commercial users to determine whether the requirements of this
chapter are being met.
A.
In addition to any other remedy provided in this chapter, this Township may institute a suit in equity where unlawful conduct or public nuisance exists for an injunction to restrain a violation of this chapter or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 82-8 hereof.
B.
The penalties and remedies prescribed by this chapter
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent this Township or the county from exercising any
other remedy provided by this chapter or otherwise provided at law
or equity.
The terms and provisions of this chapter are
to be liberally construed, so as best to achieve and to effectuate
the goals and purposes hereof. This chapter shall be construed in
pari materia with SWMA and the New Jersey Administrative Code regulations
interpreting the same and the County Recycling Plan.
The provisions of this chapter are severable.
If any provision of this chapter or its application to any person
or circumstances is held invalid, said invalidity shall not affect
any other provision or application of this chapter which can be given
effect without the invalid provision or application of this chapter.
All provisions of any other ordinance which
are inconsistent with the provisions of this chapter are hereby repealed.
This chapter shall become effective upon final
adoption and publication in the manner prescribed by law.
[Added 8-21-2012 by Ord. No. 2012-8]
It shall be unlawful to discard, dump or otherwise place any
household or commercial solid waste, leaves, brush or the like in
any place not specifically designated for the purpose of solid waste
or recycling storage or disposal. No person shall throw or deposit
litter, rubbish, waste material, leaves, brush or the like in or upon
any street, sidewalk or other public place, right-of-way or publicly
owned property within the Township.
[Added 8-21-2012 by Ord. No. 2012-8]
The Township Manager shall have the authority to prepare, implement and administer regulations concerning the Township's provision of services under this chapter in accordance with the terms of this § 82-15. Prior to implementing any such regulations, the Township Manager shall a) consult with and obtain input from the Director of Public Works regarding the proposed regulations, b) provide copies of the proposed regulations to all members of Council, and c) provide notice to Township residents and an opportunity for and consideration of comments pursuant to the following sentence. The public notice required by phrase (c) of the foregoing sentence may be accomplished by any means reasonably calculated to make the proposed regulations generally available to Township residents, which notice may include publication in a local newspaper or posting on the Township's website and shall be for a period of at least 14 days prior to the effective date of the proposed regulations. Council may at any time, by resolution or ordinance, adopt, amend or rescind any regulations implemented by the Township Manager under this § 82-15. Notwithstanding anything to the contrary contained in this § 82-15, any regulations implemented hereunder shall not contradict the specific terms of this chapter, nor may the penalties imposed under this chapter be assessed for a violation of any regulation implemented by the Township Manager, unless such violated regulation was, prior to the violation, adopted by an ordinance. The sole recourse of the Township for the violation of a regulation implemented by the Manager hereunder and not adopted by an ordinance shall be the Township's refusal to provide the applicable service to the violating resident.
