[Adopted by Ord. No. 2002-11 (Sec. 19-13 of the 1987 Revised General Ordinances)]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article shall have the
following meanings:
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette, grill, tearoom, sandwich shop, soda fountain;
tavern; bar, cocktail lounge; nightclub, roadside stand; industrial
feeding establishment; private, public or nonprofit organization,
institution or group preparing, storing or serving food; catering
kitchen; commissary, box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market; or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere, and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge; except that agricultural markets,
covered dish suppers or similar type of infrequent church or nonprofit
type institution meal services shall meet the special provisions of
N.J.A.C. 8:24-8; and further provided that any food and/or beverage
vending machine shall meet the requirements of N.J.A.C. 8:24-14.
Includes all garbage and refuse normally disposed of by private
or public pickup and defined as "solid waste" by the New Jersey Solid
Waste Management Act.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
[Amended 5-30-2018 by Ord. No. 2018-18]
Every retail food establishment must have its own solid waste
collected by a legally qualified solid waste collector. Collections
shall occur daily, or at such other frequencies and in such a manner
as to avoid or prevent a public health annoyance or nuisance including,
but not limited to, the development of odors and the attraction of
vermin, but in no event shall collection be less than twice per week.
Collections shall not occur between the hours of 11:00 p.m. and 6:00
a.m.
Municipal buildings and facilities, and all schools located
within the Borough, shall continue to receive municipal solid waste
collection.
Sufficient facilities must be provided by the property owner,
lessee, tenant, or other occupant of each retail food establishment
for the storage and collection of the solid waste. Containers shall
be leakproof and nonabsorbent with tight-fitting lids or covers. Containers
shall be maintained in a clean condition on the inside and the outside.
There shall be a sufficient number of containers to hold all solid
waste which accumulates between periods of removal from the premises.
A.
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Red Bank, or other such court having jurisdiction, be liable to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this section.
[Amended 9-28-2016 by Ord. No. 2016-19]
B.
Any person who is convicted of violating this article within one
year of the date of a previous violation of the same article and who
was fined for the previous violation, shall be sentenced by a court
to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of the article, but shall be calculated separately from the fine imposed
for the violation of the article.
