[1]
Editor's Note: This ordinance also repealed
former Art. I, Garbage Collection, adopted 6-11-1946, as amended (Ch.
55 of the 1972 Code).
As used in this article, the following terms shall have the
meanings indicated:
Includes television sets, mattresses, large furniture, large trash and similar materials not required to be recycled pursuant to Article II of this chapter.
Includes any light-gauge steel, plastic or galvanized receptacle,
closed at one end and open at the other, furnished with a top or lid,
and of a capacity not exceeding 32 gallons and not weighing more than
50 pounds when full. It shall also include plastic bags or liners
of 0.0125 gauge or heavier, securely tied at the top and not exceeding
30 pounds gross weight.
Includes all garbage and rubbish normally placed at the curb at residential and nonresidential properties in the Borough of Netcong for regular municipal collection. Solid waste shall not include "designated materials," as defined in Article II of this chapter.
A.Â
All solid waste which is generated and/or accumulated in the dwelling
houses, stores, restaurants, shops, commercial establishments and
other buildings in the Borough shall either be collected by the Borough
in accordance with the regulations set forth herein or by a licensed
collector.
B.Â
No person shall accumulate or permit, suffer or allow the accumulation
in any building or on any premises owned, occupied or controlled by
him/her any solid waste for a period longer than one week or seven
calendar days unless this material constitutes a health hazard, in
which case it shall be removed immediately.
C.Â
The owner or occupant of every dwelling house, store, restaurant,
shop, commercial establishment or other building where solid waste
may accumulate shall provide and keep on the premises suitable receptacles
for receiving or holding the solid waste and other refuse until it
is collected or otherwise disposed of.
A.Â
Duty to provide.
[Amended 5-12-2022 by Ord. No. 2022-4]
(1)Â
The owner, agent, lessee, tenant or occupant of every dwelling house,
store, restaurant, shop, commercial establishment or other building
in the Borough where solid waste shall accumulate must ensure proper
storage of garbage, trash, refuse and other solid waste in metal or
plastic receptacles with tight-fitting covers or lids and in such
a manner as to prevent the escape of foul odors and access thereto
by flies and other vermin. When said receptacles are stored outside,
they shall be in the rear yard or side yard only and no less than
five feet from any property line. Residents and/or businesses finding
these requirements governing outside storage a hardship may appeal,
in writing, to the Borough Administrator for relief.
(2)Â
On properties containing more than a single tenant, the provision
of proper receptacles shall be the responsibility of the property
owner.
B.Â
Number of receptacles. Each dwelling house or other building shall
have at least one receptacle and as many more receptacles as are necessary
to completely contain all solid waste generated by, or accumulated
by, each family unit residing on the premises and by each store, restaurant,
shop, commercial establishment or other building, during the period
from one collection day to the next ensuing collection day.
C.Â
Condition of receptacles.
(1)Â
All garbage receptacles shall be cleaned and sanitized as needed
after collection. Broken glass or other sharp or pointed objects are
not to be placed in plastic bags. Each bag must be properly closed.
Plastic bags containing food by-products must be stored in a metal
or plastic container.
(2)Â
The use of baskets, cardboard boxes and paper bags as garbage receptacles
for solid waste is not permitted.
(3)Â
Garbage receptacles that are badly broken or otherwise fail to meet
the requirements of this article may be classified as solid waste
and may be collected as such by the Borough or the Borough's designated
agent and/or contractor.
The Borough, by its designated agents, contractor and/or employees,
shall collect and remove all solid waste which is generated by any
dwelling house, store, restaurant, shop, commercial establishment
and/or other building in the Borough when such solid waste is placed
into proper garbage receptacles and placed for collection in the manner
prescribed in this article.
A.Â
Placement. The owners of any premises receiving garbage collection
services from the Borough are hereby required to have all solid waste
in garbage receptacles, to be placed within five feet of the nearest
curbline of a public street in front of their premises or at such
location as designated by the Borough for collection. Garbage receptacles
shall not be placed out for collection prior to 6:00 p.m. on the day
preceding said collection and shall be removed by 8:00 p.m. on the
collection day. Garbage receptacles not placed at the curb by 5:30
a.m. on the day of collection may not be collected. Failure to comply
with the requirements of this section shall be deemed a violation
of this article. Each day that a garbage receptacle remains at the
curb or other authorized location after the time authorized herein
shall be deemed a separate offense.
B.Â
Limitations. Only such solid waste as defined in this article shall
be collected by the Borough, provided that these materials are prepared,
held and stored in the manner as required by this article. The Borough
will collect up to five approved garbage receptacles per week per
dwelling house, store, shop, restaurant, commercial establishment
or other building. Commercial establishments which generate solid
waste in excess of five approved garbage receptacles per week shall
be required to utilize the services of a private collector. Garbage
receptacles, on days other than collection days, shall be stored or
kept in such a place so as not to become a nuisance to the occupants
of any dwelling, and at no time shall they be kept closer to the street
than the building setback line. All garbage receptacles, except on
collection days, shall be screened from public view.
C.Â
Collection day. The Borough shall provide for one or more scavenger
trucks to pass through every public street in the Borough between
the hours of 6:00 a.m. and 4:00 p.m. on Friday of each week, subject
to holidays and inclement weather, for the purpose of collecting solid
waste from each dwelling house, store, restaurant, shop, commercial
establishment and other buildings pursuant to the terms of this article.
D.Â
Solid waste collectors not to enter private property. The Borough's
solid waste collectors are prohibited from entering upon any driveway
or into any privately owned buildings for the purpose of collecting
solid waste.
E.Â
Interference with solid waste collectors. No person shall prevent
or interfere with any agent or employee of the Borough in the discharge
of his/her duties in the collection of solid waste or in the sweeping
or cleaning of any street or in the removal therefrom of any solid
waste, snow or ice.
It shall be the duty of the solid waste collection provider
to furnish a suitable number of scavenger trucks with watertight bodies
and so protected on top that no solid waste or other refuse shall
be blown or dropped from said vehicles. Each truck shall, at all times,
have at least one broom and shovel to clean up solid waste that may
be spilled or otherwise scattered during the process of collection.
It shall be a violation of this article for any such solid waste collection
provider to neglect or refuse to clean up any solid waste or other
refuse spilled or otherwise scattered during collection.
A.Â
Applicability. The following items are considered bulky waste items
to be picked up by special collection upon application to the Borough
in accordance with procedures established by the Borough Council:
refrigerator, freezer, central air conditioner, window air conditioner,
clothes washer or dryer, stove, dishwasher, metal or wood shed (disassembled
and in bundles, per each wood or metal shed), carpet (more than 15
yards), television set (25 inches or greater), mattress and box spring
(either or both), water heater, riding lawn mower, sofa or loveseat,
furnace, swing set and other similar items.
B.Â
Removal of freon or hazardous substances. No bulky waste will be
removed unless freon and hazardous substances have been removed. In
the case of freon removal, documentation of freon removal must be
presented at time of application for removal.
C.Â
Application for removal. All Borough residents seeking to have any
bulky waste removed from their premises may obtain a request form
by visiting or telephoning the Borough Municipal Building. Upon the
filing of a written request on the appropriate form and payment of
the appropriate fee, a Borough bulk item removal sticker will be provided
to the resident. The resident shall affix the sticker to the item
and place it at curbside the day before the scheduled pickup date.
The Borough will only remove such items that have the appropriate
sticker affixed. Damaged, illegible or partial stickers may be deemed
void.
Any person engaged in the business of the collection or disposal
of solid waste and other refuse shall comply with all of the following
requirements:
A.Â
Any truck used for the collection and transportation of solid waste
shall have a watertight body and be so protected on the top that no
solid waste or other refuse shall be blown or dropped from the truck.
The solid waste and other refuse carried in the truck shall be confined
within its permanent body construction. Such trucks shall be kept
covered at all times except during the period of filling or emptying.
B.Â
Any solid waste or other refuse which spills or is dropped or blown
from a truck either during collection or transportation shall be swept
or cleaned up immediately so as not to leave any such matter upon
the streets or premises within the Borough.
C.Â
All containers or receptacles emptied during the course of the collection
of solid waste or other refuse matter shall be returned to the locations
from which they were removed during the course of collection.
D.Â
In addition to compliance with the foregoing requirements, any person
engaged in the collection or disposal of solid waste and other refuse
matter within the Borough shall comply with all state statutes, codes
and regulations and all municipal ordinances and regulations concerning
the collection and disposal of such materials.
No solid waste originating outside the Borough shall be placed,
dumped or accumulated on any premises within the Borough for collection
by the Borough.
To insure the effective operation of the provisions of this
article, the Borough Council is authorized to make such written rules,
regulations or orders as may be necessary to expedite or further implement
the provisions of this article.
[Amended 6-8-2023 by Ord. No. 2023-9]
The expenses of solid waste and recycling collection and disposal shall be paid by fees and service charges as generated by the Netcong Borough Solid Waste and Recycling Utility and governed under Chapter 80 of this Code.
