[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Editor's Note: This ordinance also repealed former Ch. 82, Garbage, Rubbish and Refuse, adopted 5-17-1988 by Ord.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. 
As used in this chapter, the following definitions shall apply:
ALUMINUM CAN
Containers which are comprised entirely of aluminum and which contain or formerly contained only nonhazardous substances.
APARTMENT COMPLEX
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.
BRUSH
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.
BULK
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.
CANS
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.
CARDBOARD
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.
COMMERCIAL or COMMERCIAL USER
Any person or other entity operating a business, trade, industry or other nonresidential activity.
COMMERCIAL TRASH
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.
COMMINGLED
Source-separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
CONDOMINIUM COMPLEX
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.
CONSTRUCTION DEBRIS
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.
COUNTY
The County of Burlington, State of New Jersey.
COUNTY PLAN
The District Solid Waste Management Plan for Burlington County as approved by the New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
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.
DISPOSITION
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.
GLASS
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.
GRASS CLIPPINGS
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.
HOUSEHOLD TRASH
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.
INSTITUTIONAL
Any person or other entity, either public or private, either for profit or nonprofit, who operates for educational, municipal, charitable or other public purpose.
LEAVES
The vegetative product of tree branches that annually drop from the branches.
MOBILE HOME PARK
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.
TOWNSHIP
The Township of Medford located within the County of Burlington, State of New Jersey.
OWM
The Burlington County Office of Waste Management, its successors and assigns.
PAPER
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.
PERSON
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.
RECYCLABLE MATERIAL
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.
RECYCLING
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.
RECYCLING DROPOFF
Any facility designed and operated solely for the receiving and storing of source-separated, nonputrescible metal, glass, paper, plastic containers and cardboard.
RESIDENT
Any person residing within the Township on a temporary or permanent basis, but excluding persons residing in hotels and motels.
ROADSIDE
That portion of the Township easement between the roadway's edge and the resident's property line.
SOLID WASTE
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.
SOURCE-SEPARATE
The proper separation of recyclable materials from the solid waste stream at the point of waste generation.
SWMA
The New Jersey Solid Waste Management Act, as amended.[1]
TOWNSHIP
The Township of Medford.
WHITE GOODS
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:
(a) 
Paper.
(b) 
Cardboard.
(c) 
Glass and cans.
(d) 
Other recyclable materials as designated by the Township at all times, 30 days after designation and publication of notice in a newspaper of general circulation.
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:
(a) 
Paper.
(b) 
Cardboard.
(c) 
Glass and cans.
(d) 
Other recyclable materials as designated by the Township at all times, 30 days after said designation and publication of notice in a newspaper of general circulation.
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:
(a) 
Paper.
(b) 
Cardboard.
(c) 
Glass and cans.
(d) 
Other recyclable materials as designated by the Township at all times, 30 days after said designation and publication of notice in a newspaper of general circulation.
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.
(2) 
All unlawful conduct set forth in this § 82-5G shall constitute a public nuisance.
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]
(1) 
Residential violation: a fine of not less than $25 and not more than $1,000.
(2) 
Commercial or institutional violation: a fine of not less than $100 and not more than $1,000.
(3) 
Or by a period of community service not exceeding 90 days.
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.