[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1975-4 as Sec. 3-2 of the Revised General
Ordinances]
[Amended by Ord. No. 1982-8; Ord. No. 1984-6]
It shall be and it is hereby declared to be unlawful for any person
to place garbage, rubbish, newspapers and other waste materials of any kind
and description on the sidewalks or curbs, or in the front of any buildings,
for collection, at any time except at or after sunset on the day prior to
the normal collection date as established from time to time by the Borough
Council of the Borough of Wrightstown, unless there is an underground, fully
covered receptacle or an above-ground covered dumpster provided for the temporary
placing and storage of such garbage, waste material paper and rubbish. Trash
receptacles shall be removed from the curb and sidewalk in front of the building
no later than sunset of the day of collection and shall be stored in such
a manner as to not be visible from the street fronting on the premises. Suitable
trash container enclosures aesthetically designed may be utilized in those
instances where trash receptacles may not be stored behind the premises and
out of sight from the street fronting on the premises. Such trash enclosures,
however, shall, wherever practical, be placed on the side of the property
and not in the front.
[Amended by Ord. No. 1988-7]
It shall be unlawful for any person to litter the sidewalks and three
feet of the gutter nearest the sidewalk in any part or section or street in
the Borough. It shall be the duty of the user, occupier or owner of each property
to keep the same clean and free from dirt and rubbish of every kind and description.
Garbage shall at all times be kept in metal or plastic cans with tight-fitting
lids. The garbage placed therein shall be wrapped and securely tied or placed
therein in plastic bags with the tops securely tied; provided, however, that
garbage kept in dumpsters or in a utility building need not comply with this
article prior to being placed outside for collection.
As used in this article, the following terms shall have the meanings
indicated:
All waste material, including paper and cartons; and, provided, further,
that newspapers and cartons flattened and securely tied in bundles to prevent
blowing about shall be deemed in compliance with this article whether or not
placed in plastic bags or cans as provided above.
[Added by Ord. No. 1990-5; amended by Ord. No. 1990-12; 7-10-2002
by Ord. No. 2002-6]
The Borough of Wrightstown shall not collect garbage, trash and refuse
of any kind from business or commercial establishments, from apartment complexes
having five or more units in a single building or from rooming houses having
five or more rooms. For business and commercial properties, it shall be the
responsibility of the owner(s) and occupant(s) thereof to provide for private
collection of garbage, trash and refuse and to comply with all applicable
federal, state and Borough laws, rules and regulations regarding such collection.
For apartment complexes of five or more units per building and rooming houses
having five or more rooms, the owner(s) thereof shall be responsible for the
collection of garbage, trash and refuse in accordance with their agreement
with the Borough pursuant to N.J.S.A. 40:66-1.2 at seq. and all applicable
federal, state and Borough laws, rules and regulations. For the purpose of
this section, business and commercial shall be designated as any business
or commercial operation having a mercantile license or by ordinance required
to have a mercantile license.
[Adopted 10-12-2005 by Ord. No. 2005-9[1]
[1]
Editor's Note: This ordinance also provided for the repeal of former
Art. II, Recycling, adopted by Ord. No. 1988-1 (Sec. 3-14 of the Revised General
Ordinances), as amended.
The Borough of Wrightstown 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 recycling of certain materials from the residential, commercial
and institutional establishments in this municipality will reduce the need
for landfills and conserve existing landfill capacity, facilitate the implementation
and operation of other forms of resource recovery, and conserve natural resources.
This article is 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.
CANS
CARDBOARD
COMMERCIAL
COMMINGLED
CONDOMINIUM COMPLEX
COUNTY
COUNTY PLAN
DESIGNATED RECYCLABLE MATERIALS
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
DWSM
ELECTRONIC WASTE
GLASS
INSTITUTIONAL
MOBILE HOME PARK
MULTIFAMILY DWELLING
MUNICIPAL DROPOFF
MUNICIPALITY
PAPER
PLASTIC BOTTLES
PERSON
RECYCLABLE MATERIAL
RECYCLING
RECYCLING DROPOFF
RESIDENT
SOLID WASTE
SOURCE SEPARATE
SWMA
As used in this article, the following definitions shall
apply:
Empty food, beverage and aerosol containers of aluminum, tin, steel
or a combination thereof, which formerly contained only nonhazardous substances
or such other substances as have been approved for recycling by DSWM.
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 activity which is carried on for profit.
Source-separated, nonputrescible recyclable materials that have been
mixed at the source of generation (i.e., placed in the same container).
Defined in accordance with N.J.S.A. 46:8B1 et seq.
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,
including but not limited to, antifreeze, cellular telephones, construction
and demolition debris consisting of asphalt, concrete, and untreated wood
waste, electronic waste, metal, glass, lead, acid batteries, fluorescent light
bulbs and ballasts, leaves, motor oil, paper, plastic bottles, paperboard
packaging, corrugated and other cardboard, newspaper, magazines, or high-grade
office paper, rechargeable batteries, toner and printer cartridges and tires.
The transportation, replacement, reuse, sale, donation, transfer
or temporary storage for a period not exceeding six months, or for a period
of time as mandated by law, of designated recyclable materials for all possible
uses except for disposal of solid waste.
The Burlington County Division of Solid Waste Management, its successors
and assigns.
Computer hard drives, monitors, keyboards, modems, printers, fax
machines, VCRs and cell phones.
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.
Any person or other entity, either public or private, either for
profit or nonprofit, who operates for educational, charitable or other public
purpose.
Any park, including a trailer park or camp, equipped to handle mobile
homes sited on a year-round basis as defined in N.J.SA. 2A:18-61.7 et seq.
Any building or structure or complex of buildings or structures in
which five or more dwelling units are rented or leased or offered for rental
or lease for residential purposes except hotels, motels or other guest houses
serving transient or seasonal guests as those terms are defined under subsection
(j) of section 3 of the Hotel and Multiple Dwelling Law, P.L. 119967, c. 76
(N.J.S.A. 55:13A-1 et seq).
Any facility designed and operated by this municipality solely for
the receiving and storing of source-separated, nonputrescible metal, glass,
paper, plastic containers and cardboard.
The Borough of Wrightstown located within the County of Burlington,
State of New Jersey.
All newspaper, high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeograph paper, duplication paper, magazines,
paperback goods, school paper, catalogs, computer paper, telephone books,
and similar cellulosic material, whether shredded or whole, but excluding
wax paper, plastic or foil coated paper, thermal fax paper, carbon paper,
NCR paper, blueprint paper, food contaminated paper, soiled paper and cardboard.
All bottles that are labeled as made from polyethylene terapthalate
(PET) and coded as #1 and high-density polyethylene terapthalate (HDPE) and
coded as #2. Specifically excluded are bottles that formerly contained hazardous
materials, including, but not limited to paint, motor oil, and pesticides.
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 article 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 directors.
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 human being residing within the municipality on a temporary or
permanent basis, but excluding persons residing in hotels or motels.
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 including liquids, except for
solid animal and vegetable wastes collected by swine producers licensed by
the State Department of Agriculture to collect, prepare, and feed such waste
to swine on their own farms.
To separate recyclable materials from the solid waste stream at the
point of waste generation.
The New Jersey Solid Waste Management Act, as amended.
B.
All other terms and phrases shall be as defined in SWMA,
regulations promulgated thereunder and the County Plan, unless content clearly
requires a different meaning.
A.
There is hereby established a program (curbside program)
for separate collection of paper, cardboard, glass and cans from all nonphysically
disabled residents of the municipality. Designated recyclables for this curbside
program established pursuant to this section shall consist of the following
materials: paper, cardboard, glass, cans, plastic bottles and other recyclable
materials as designated by the municipality at any time, 30 days after designation
and publication of notice in a newspaper of general circulation.
B.
Said curbside program shall not apply to any multifamily
complex of 20 or more units, condominium complex of 20 or more units or mobile
home park of 20 or more units, or to any commercial or institutional establishment
unless approved by DSWM.
C.
Collections of recyclable materials pursuant to this
section shall be in accordance with a schedule of recycling collection areas
and dates to be publicly advertised by the municipality or county.
D.
All residents of the municipality within the area serviced by the curbside program established pursuant to this section shall source separate all designated recyclables upon receiving notice from the municipality and shall place them at the side of the road fronting their residence in the manner designated by § 181-10 of this article and on the date specified for collection by the schedule published by municipality and/or county.
All recyclables placed at the roadside by residents for collection pursuant to the curbside program established pursuant to § 181-9 of this article shall be prepared for collection in accordance with the following:
A.
Cardboard and paper shall be placed in paper bags or
tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in
thickness.
B.
Glass containers and plastic bottles shall have caps
and lids removed.
C.
Glass containers, cans and plastic bottles shall be rinsed
free of contaminants.
D.
Cans, glass containers and plastic bottles shall be placed
in a recycling container, to be provided by the municipality. Plastic and/or
paper garbage bags shall not be utilized as containers for cans, glass containers,
and plastic bottles. 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.
A.
There is hereby established a program (public dropoff
program) for the source separation and delivery to a recycling dropoff of
paper, cardboard, glass, cans and plastic bottles from all residents located
in this municipality, with the exception of multifamily complexes, condominium
complexes and mobile home parks.
B.
Other recyclable materials may be designated by the municipality
at any time, 30 days after said designation and publication of notice in a
newspaper of general circulation.
A.
There is hereby established a program (private dropoff
program) for the source separation and delivery of designated recyclable materials
to a recycling dropoff(s) including paper, cardboard, glass, cans and plastic
bottles from all residents of multifamily complexes, condominium complexes
and mobile home parks comprised of 20 or more units within this municipality.
B.
The owner or manager of every multifamily complex, condominium
complex and mobile home park within this municipality shall purchase recycling
containers, construct and maintain, in a neat and sanitary condition, recycling
dropoff(s) to receive all designated recyclables generated by residents of
the complex or mobile home park pursuant to the guidelines of DSWM.
C.
In cases where a condominium association exists, the
condominium association shall be responsible for purchase of recycling containers
and construction and maintenance in a neat and sanitary condition of the recycling
dropoff(s) pursuant to the guidelines of DSWM.
D.
The owner or manager of every apartment complex, condominium
complex and mobile home who elects not to participate in the Burlington County
Regional Recycling program shall arrange for the collection and recycling
of all designated recyclables from said dropoff(s) at their expense.
E.
The number and design of the recycling dropoff(s) required
by this section for each multifamily complex, condominium complex, and mobile
home park shall be consistent with guidelines provided by DSWM.
F.
Other recyclable materials as designated by the municipality
at any time 30 days after said designation and publication of notice in a
newspaper of general circulation.
A.
All persons generating municipal solid waste within this
municipality through the operation of a commercial or institutional establishment
shall source separate and arrange for the collection of all designated recyclables
within 30 days of the effective date of this article.
B.
Designated recyclables for the mandatory commercial and
institutional source separation program shall consist of the following materials:
(1)
Antifreeze, batteries (lead, acid and rechargeable),
paper, construction and demolition waste, fluorescent light bulbs and ballasts,
electronic waste, glass, plastic bottles and cans including those generated
at convenience stores, and leaves, motor oil, paper, toner and printer cartridges.
(2)
Other recyclable materials as designated by this municipality
at any time 30 days after said designation and publication of notice of the
designation in a newspaper of general circulation.
C.
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the individual(s)
responsible for the provision of solid waste or recycling services including
the provision or maintenance of litter receptacles located on the property
of any commercial or institutional establishment generating designated recyclables.
D.
The management individual(s) responsible for the provision
of recycling services as herein defined shall submit to the Municipal Recycling
Coordinator, by the first of February of each year, documentation verifying
the previous year's total recycling (expressed by weight) for each material
recycled. Documentation shall take the form of issued by the recycling service
provider or end market to the generator of the recycled material. Weight slips
or paid invoices must be maintained by the generator for inspection of requested
by this municipality, county or state for a period to exceed five years.
E.
Any solid waste or recycling service provider shall submit
to the Municipal Recycling Coordinator, by the first of February of each year,
documentation verifying the previous year's total recycling (expressed
by weight) for each material recycled on forms as prescribed by the Office
of Solid Waste Management.
A.
It shall be unlawful for:
(1)
Any person, 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 article;
(2)
Any person to violate, cause, or assist in the violation
of any provision of this article or any provision of the County Plan concerning
recycling;
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling dropoff;
(4)
Any person to hinder, obstruct, prevent or interfere
with this municipality, the county, or any other authorized persons in the
performance of any duty under this article or in the enforcement of this article.
(5)
Any solid waste collector, licensed by the State of New
Jersey, to knowingly collect designated recyclable materials with solid waste.
(6)
Any person to offer to collect or knowingly collect designated
recyclable materials in any manner except as source separated recyclable materials
as defined herein.
This municipality or any other person collecting solid waste generated
within this municipality shall refuse to collect solid waste from any person
who has clearly failed to source separate recyclables designated under an
applicable section of this article.
Notwithstanding anything herein to the contrary, any resident of the
municipality 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 municipality
for such collection. Permission for such collection shall not 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.
A.
Nothing contained in this article 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 article.
B.
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 article, unless such renewal or such contract
shall confirm to the requirements of this article.
A.
A Municipal Recycling Coordinator and/or the local Code
Enforcement Official shall be appointed to serve by the municipality as the
enforcement officer for this article.
B.
Said Municipal Recycling Coordinator/Code Enforcement
Officer shall be responsible, under the direction of the municipality, for
the enforcement of all recycling requirements of this article.
C.
In addition to the Municipal Recycling Coordinator or
Code Enforcement Officer, the Burlington County Health Department and the
Office of Waste Management are hereby appointed as enforcement officers for
the enforcement of all recycling requirements of this article.
D.
Enforcement of this article shall be commenced in the
Superior Court or in the Municipal Court of the municipality, and penalty
or fine shall be collected with costs in a summary civil proceeding.
E.
Any penalties or fines collected in an enforcement action
shall be paid to the municipality when such action is brought by the municipality.
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 or the Office of Waste Management.
A.
Any person who violates the provisions of this article
shall, upon conviction thereof, in a proceeding before a court of competent
jurisdiction, be subject to the following fines:
(1)
Residential recycling 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 $500 and not more than $1,000.
(3)
For any person who offers to collect recyclable in any
manner except as prescribed within this article: a fine of not less than $1,000
and no more than $5,000.
(4)
For any solid waste or recycling service provider who
fails to report as required within this article: a fine of not less than $500
and not more than $1,000.
B.
Each continuing day of violation of this article shall
constitute a separate offense.
A.
In addition to any other remedy provided in this article, this municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 181-20 hereof.
B.
The penalties and remedies prescribed by this article
shall be deemed concurrent.
C.
The existence, exercise or any remedy shall not prevent
this municipality or the county from exercising any other remedy provided
by this article or otherwise provided by law or equity.
The terms and provisions of this article are to be liberally construed,
so as best to achieve and to effectuate the goals and purposes hereof. This
article shall be construed in part material with SWMA and the Plan.
The provisions of this article are severable. If any provision of this
article or its application to any person or circumstances is held invalid,
said invalidity shall not affect any other provision of application of this
article which can be given effect without the invalid provision or application
of the article.
