Borough of Longport, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council (now the Board of Commissioners) of the Borough of Longport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beach regulations — See Ch. 61.
Public health nuisances — See Ch. 119.
[Adopted 7-29-1902]

§ 105-1 Garbage receptacle requirements; use of unauthorized containers.

[Amended 5-4-1983]
A. 
The owner, tenant or occupant of every hotel, boardinghouse, dwelling, market, restaurant or other premises where garbage shall accumulate in the Borough of Longport shall provide and keep on the premises in a convenient and accessible place for the garbage collector one or more suitable, watertight receptacles for receiving and holding garbage. Said receptacle shall at all times be kept clean and covered with an airtight cover of the same material, and no rainwater shall be allowed to enter said garbage receptacles. It shall be the duty of every person or persons who may cause or allow garbage to accumulate to place and keep all garbage in said receptacles.
B. 
It shall be a violation of this Article I for any person to deposit any household or domestic trash, garbage, rubbish and\or refuse into any receptacle not owned or maintained by that person or an organization or group in which such person is a member. In addition to any others permitted to do so, lifeguards, police and the Borough Recycling Coordinator shall have specific authority to enforce and issue citations and\or complaints regarding enforcement of this Article I and this section.
[Added 7-18-2001 by Ord. No. 2001-15]

§ 105-2 Violations and penalties.

[Amended 5-4-1983]
Any person or persons who shall violate any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term of not more than 90 days, or both.
[Adopted 3-1-1989]

§ 105-3 Title.

This article shall be known and may be cited as the "Recycling Ordinance of the Borough of Longport."

§ 105-4 Definitions.

The words, terms and phrases used in this article shall have the following meanings:
ALUMINUM CANS
All-aluminum beverage and food containers.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes and those multiple dwelling residential buildings containing three or more dwelling units.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and government offices.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
PERSON
Every owner, lessee and occupant of a residence or commercial or institutional establishment within the boundaries of the Borough of Longport.
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Any occupied single or multifamily dwelling having up to two dwelling units per structure from which a municipal or private hauler collects solid waste.

§ 105-5 Recyclable materials.

A. 
There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste strewn by all persons within the Borough of Longport, hereinafter referred to as the "municipality":
(1) 
Aluminum cans.
(2) 
Glass containers.
(3) 
Newspapers.
B. 
As the municipality sees fit to include other recyclable materials in the program, all persons falling under this article will be required to separate these items from the municipal solid waste stream.

§ 105-6 Additional recyclables for commercial establishments.

In addition to the materials mentioned in § 105-5 above, commercial establishments are responsible for the mandatory separation of the following recyclable materials from the municipal solid waste stream:
A. 
All office paper, including computer paper.
B. 
All corrugated paper, such as cardboard boxes.

§ 105-7 Separation of recyclables; placement for collection.

A. 
The recyclable materials designated in § 105-5 of this article, excluding newspapers, shall be put in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection, regardless of whether any recyclable materials are available for collection.
B. 
Newspapers shall be bundled and tied with twine or placed in a kraft paper (brown paper) bag and placed at the curb or other designated area for collection at such times and dates as are established in the municipality's recycling regulations. The maximum weight of each bundle of newspapers shall not exceed 30 pounds (approximately 12 inches high).
C. 
Aluminum and glass containers shall be rinsed and placed commingled in said suitable container.

§ 105-8 Multifamily dwellings.

A. 
Apartment houses, townhouses or other multifamily dwellings shall ensure that the owner/manager will designate a place for the storage of newspapers, glass and aluminum and other materials. All lessees/owners of these dwelling units shall be required to separate such items and place them in the designated place. The owner/manager of the multidwelling units shall notify the Municipal Enforcement Officer or the Recycling Coordinator of the location of the storage area. The location is subject to the approval of both the Municipal Enforcement Officer/Recycling Coordinator and/or the Borough Fire Inspector.
B. 
The Recycling Coordinator or Enforcement Officer of the Borough of Longport shall be informed on a quarterly basis of the following:
(1) 
Name and address of private hauler.
(2) 
Weight and destination of the recyclables.
(3) 
Date and location of the pickup origin.

§ 105-9 Alternative collection of recyclable materials.

Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. When exercising this option, these materials must be transported to the individual's or organization's site by the donor or donee, and such transportation of materials must be accomplished during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. Said individuals or organizations may not collect recyclable materials at the curbside except on a regularly scheduled curbside collection day and shall, prior to April 1 of each year, provide written documentation to the municipality of the total amount of material recycled during the preceding calendar year.

§ 105-10 Collection by unauthorized persons prohibited.

It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 105-5 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 105-11 Promulgation of rules and regulations.

The Borough of Longport Recycling Coordinators are hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 105-5 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon approval of the Borough of Longport Board of Commissioners by adoption of a resolution implementing the same. The Borough of Longport Recycling Coordinators are hereby authorized and directed to enforce the provisions of this article and any implementing regulations adopted hereunder.

§ 105-12 Violations and penalties.

A. 
Any person, firm or corporation violating the provisions of any section of this article shall be subject to a fine of not less than $100 nor more than $500 for each offense.
B. 
Each and every day in which a violation of any of the provisions of this article exists shall constitute a separate offense.

§ 105-13 Exemptions.

The Borough of Longport Board of Commissioners may exempt persons occupying commercial and institutional establishments from the source-separation requirements of § 105-7 of this article if those persons have otherwise provided for the recycling of recyclable materials designated in § 105-5 of this article. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation for the preceding calendar year.

§ 105-14 Promulgation of rules and regulations.

A. 
The Commissioner of Public Works and his designees are hereby authorized and directed to establish and promulgate reasonable rules and regulations detailing the manner, days, time, limitations, and restrictions for the removal of trash, bulk trash, hazardous waste, and other matters relating thereto.
B. 
Such rules and regulations shall take effect only upon approval of the Borough of Longport Board of Commissioners by adoption of a resolution implementing the same.
C. 
The Commissioner of Public Works and his designees, as aforesaid, in addition to any other person or agency so authorized, are hereby authorized and directed to enforce the provisions of this article and any implementing rules and regulations adopted hereunder.

§ 105-15 Violations and penalties.

A. 
Any person, firm or corporation violating the provisions of any section of this article shall be subject to a fine of not less than $100 nor more than $500 for each offense, or both.
B. 
Each and every day in which a violation of any of the provisions of this article exists shall constitute a separate offense.