Atlantic City, NJ Article IV Solid Waste Stream

[Adopted 1-16-1986 by Ord. No. 95-1985[1]]

[1] Editor's Note: This ordinance also provided for the repeal of former Art. IV, Solid Waste Stream, adopted 10-9-1981 Ord. No. 65-1981.

§ 143-24 Short title.

This article shall be known and cited as the "Municipal Solid Waste Stream Ordinance of the City of Atlantic City."

§ 143-25 Definitions; word usage.

A. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:

ASHES

The residue from the burning of any combustible material, which includes but is not limited to wood, coal and coke.

CITY

The City of Atlantic City.

DEPARTMENT

The Department of Public Works.

DIRECTOR

The Director of Public Works for the City of Atlantic City.

GARBAGE

Putrescible (rotten, decayed) animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

MUNICIPAL CONTAINER

The sixty- or eighty-five-gallon wheeled toter supplied by the City for use by individual generators (residential, commercial establishments, etc.).

PERSON

Any person, firm, partnership, group, association, corporation, company or organization of any kind.

RANGER

The disposal unit placed upon the streets and at public locations for utilization by the general public.

REFUSE

All putrescible and nonputrescible solid wastes, except body wastes, including but not limited to ashes, garbage, rubbish, street cleaning, beach cleaning, dead animals, furniture, building materials, abandoned vehicles and solid market and industrial wastes.

RUBBISH

Nonputrescible materials consisting of both combustible and noncombustible wastes, such as but not limited to paper, cardboard, tin cans, aluminum cans, bimetal cans, yard clippings, wood, glass, plastics, crockery, other food packaging and other similar materials.

SOLID WASTE STREAM

The entire collection of refuse:

(1) For use as fuel in a resource recovery facility or system to be converted to energy in the form of heat, steam or electricity;

(2) For disposal in sanitary landfills; or

(3) Sold, all or any part thereof, to resource markets that buy used materials for recycling.

SOURCE SEPARATION

The actual separation of valuable resources or materials prior to collection. Examples: glass, aluminum and other metals and newspapers and magazines.

B. The word "shall" is always mandatory and not merely directory.

§ 143-26 Private collection and disposal.

A. All locations from which the Department of Public Works will not collect solid waste pursuant to the terms of the within Article shall provide for private solid waste collection. In addition to those locations mentioned hereinafter which are not eligible for City collection, any location which utilizes private solid waste collection shall not be eligible for City collection.

B. No person shall collect or commercially transport any solid waste (garbage or trash) over the streets of the City without first obtaining approval from the State of New Jersey and the City.

C. There shall not be placed upon any public property, street or sidewalk any commercial waste receptacle or bin without written approval for the placement of such receptacle/bin from the Department of Public Works, Bureau of Investigations and Inspections, Fire Department and Police Department.

D. No commercial trash shall be placed in public trash containers, know as "rangers," on any City street, including the Boardwalk. Violations will be as set forth in accordance with § 143-37C of the City Code.

[Added 9-3-2014 by Ord. No. 49-2014]

§ 143-27 Collection device to be used.

[Amended 6-21-1989 by Ord. No. 30-1989]

The City shall only collect solid waste placed in the municipal container provided by the City or in a container of the same or similar design and function. If, because of an unusually large accumulation of solid waste during a particular week, said containers are not large enough to contain said solid waste, the City, on said occasions, will collect solid waste placed in other containers or otherwise bundled and secured pursuant to the provisions of this article.

§ 143-28 Bulk items.

[Amended 6-21-1989 by Ord. No. 30-1989]

A. "Bulk items" are defined as refrigerators, stoves, washers, dryers, household appliances, furniture and similar large items comprising a single unit. Construction materials and demolition or rehabilitation debris, such as plaster, concrete, masonry and earth, are not considered bulk items as defined by this article.

B. The City shall be responsible for the curbside pickup of those bulk items weighing less than 300 pounds. The City shall not be responsible for the collection of such bulk items weighing more than 300 pounds. Any person wishing to dispose of said items must hire a private collector.

C. The City shall not be responsible for the collection of construction materials or demolition or rehabilitation debris such as plaster, concrete, masonry, earth, etc. Any person wishing to dispose of said items must hire a private collector.

D. The Department will not pick up any bulk items as described above, except by special arrangement made with the person wishing to dispose of any such item. No person shall place any bulk item on the sidewalk or at the curbside except on the day scheduled for pickup by either the City or a private collector.

§ 143-29 Collection days designated.

The Director of Public Works is empowered and authorized to specify the days, times and locations to have solid waste collected by municipal and commercial collectors.

§ 143-30 Collection practices and regulations; grass and weeds.

A. No person shall place or cause to be placed into any municipal container any free liquids from garbage, bottles and/or metal cans. Garbage, bottles and/or metal cans shall be drained of any liquids prior to being placed in any municipal container.

[Amended 6-21-1989 by Ord. No. 30-1989]

B. Brown paper bags or other biodegradable bags should be used to place the refuse for the week into municipal container.

[Amended 6-21-1989 by Ord. No. 30-1989]

C. Every person having custody or control of a municipal container or other container for the storage of solid waste and other refuse shall cause the lids on said containers to be secured and closed or otherwise sealed at all times.

[Amended 6-21-1989 by Ord. No. 30-1989]

D. The municipal container shall remain the property of the City at all times. It may be used for no purpose other than for storing solid waste and other refuse for the purpose of collection by the Department, pursuant to this article. Said municipal container shall at all times be placed at or about the property on which it is placed by the Department. No persons shall remove any municipal container from the location to which it was placed by the Department or cause or permit any other use to be made of any municipal container.

[Amended 6-21-1989 by Ord. No. 30-1989]

E. Each family shall be required to have the municipal container in front of or in the rear of its own dwelling for collection. If parking situations don't allow space directly in front of or in the rear of dwelling, the first available space by a driveway, fire hydrant or other appropriate opening can be used.

F. All solid waste and other refuse shall be placed in the municipal container to the extent that the municipal container is capable of holding the same.

[Amended 6-21-1989 by Ord. No. 30-1989]

G. All municipal containers shall be taken off the street as soon as possible after collection.

H. It shall be unlawful to place or deposit any waste or refuse materials, whether or not such material is enclosed in a container of any kind, in or upon any of the streets, avenues, alleys or other public places in the City of Atlantic City except in the manner described and during the times set forth in this article.

[Amended 6-21-1989 by Ord. No. 30-1989]

I. (Reserved)[1]

[1] Editor's Note: Former Subsection I, which prohibited the use of plastic garbage bags, was repealed 6-21-1989 by Ord. No. 30-1989.

J. Scavenging of any materials, especially those to be recycled, from carts, receptacles or other collection devices while said devices are at curbside is unlawful.

[Amended 6-21-1989 by Ord. No. 30-1989]

K. Time for placement for collection.

[Amended 6-21-1989 by Ord. No. 30-1989]

(1) No solid waste or other refuse to be collected by the Department of Public Works from any residential dwelling shall be placed upon the City sidewalks or at curbside for pickup any earlier than 4:00 p.m. of the day prior to the day scheduled for collection.

(2) No solid waste or other refuse to be collected by a private collector from any nonresidential structure or property shall be placed upon the City sidewalks or at curbside for pickup any earlier than 7:00 p.m. of the day prior to the day scheduled for collection.

(3) No solid waste or other refuse to be collected by means of regularly scheduled commercial pickups by the Department of Public Works from the sidewalks of Atlantic, Pacific or Arctic Avenues shall be placed upon the City sidewalks or at curbside any earlier than 3:00 p.m. of the same day as said regularly scheduled commercial pickups.

L. It shall be unlawful to place or deposit any waste or refuse materials, whether or not such material is enclosed in a container of any kind, upon any vacant lot or building in the City without the permission of the owner.

[Added 6-21-1989 by Ord. No. 30-1989]

M. No person owning, leasing or occupying any lands or buildings in the City shall cause or knowingly permit any solid waste, litter, debris or other refuse to lie on or accumulate on said lands or buildings except in connection with storing and preparing the same for collection by the City or a private collector pursuant to this article.

N. No person owning, leasing or occupying any unimproved or vacant lots or other lands within the City, all or parts of which contain grass or weeds, shall cause or knowingly permit any such grass or weeds to grow to a length of more than six inches above the level of the ground.

[Added 6-21-2009 by Ord. No. 30-1989]

O. No person shall place on a public sidewalk for pickup, any refuse, trash or debris which is not placed in a closed container or which is not otherwise packaged, tied, bundled and/or secured sufficiently to prevent said refuse, trash or debris to be scattered or moved about by wind, rain or small animals.

[Added 6-21-1989 by Ord. No. 30-1989]

P. All municipal containers for the storage of solid waste and other refuse shall be removed from sidewalks and/or curbs within eight hours of actual collection.

[Added 6-21-1989 by Ord. No. 30-1989]

§ 143-31 Residential collection policy.

[Amended 9-20-2023 by Ord. No. 57-2023]

Each single-family unit is entitled to one municipal container from the City. In the event of multiple dwellings in which five or more dwelling units are rented or leased or offered for rental or lease for residential purposes, except for hotels, motels or other guesthouses serving transient or seasonal guests, the Department of Public Works shall provide the solid waste collection services in the same manner as provided to residents of the City who live along public roads and streets.

§ 143-32 Commercial collection policy.

[Amended 7-12-2006 by Ord. No. 53-2006; 6-25-2014 by Ord. No. 30-2014]

Commercial and industrial locations will be responsible for removal of their own solid waste. This is including, but not limited to, the following types of locations: convenience stores, restaurants, parking garages, bars, laundromats, hospitals, casinos, hotels and motels, as well as weekly and/or monthly rentals, such as timeshares.

§ 143-33 Parking lot/garage collection policy.

Each parking lot/garage shall be entitled to one ranger (no municipal container will be provided) if said location has an area of 2,400 square feet or less. The Department of Public Works will not collect solid waste from any parking lot/garage which has an area in excess of 2,400 square feet. This section shall not apply to accessory parking lots. Said lots are not to be provided with either a municipal container or a ranger.

§ 143-34 Hotel, motel or rooming house collection policy.

Each hotel, motel or rooming house with not more than 10 units shall be permitted one municipal container. In the event that an establishment has more than 10 units, the Department of Public Works will not collect solid waste from said hotel, motel or rooming house.

§ 143-35 Rules and regulations.

[Amended 6-21-1989 by Ord. No. 30-1989]

Notwithstanding anything set forth above, the Department of Public Works may, on written notice to the owner or operator of any commercial, industrial or other business location, refuse to collect trash or refuse from said location, upon a finding by the Department that said location produces or generates an average of more than 750 pounds or more than three cubic yards of solid waste, trash or debris each week.

§ 143-36 Hearings.

[Amended 6-21-1989 by Ord. No. 30-1989]

Any person claiming to be aggrieved by any decision or determination of the Department of Public Works pursuant to this article may request and shall be granted a hearing before the Director. Any request for such a hearing shall be in writing and set forth a statement specifying the decision or determination objected to and the reasons for the objection. Any such request shall be filed with the Director within 20 days from the date of the decision or determination complained of.

§ 143-37 Violations and penalties.

[Added 7-23-1986 by Ord. No. 35-1986; amended 6-21-1989 by Ord. No. 30-1989; 10-27-1993 by Ord. No. 84-1993; 11-25-2008 by Ord. No. 104]

Any person violating any of the provisions of this article shall, upon conviction in the Municipal Court of the City of Atlantic City, be punished for each offense as follows:

A. For a first offense, by a fine of not less than $250 nor more than $500 or a period of community service not to exceed 90 hours, or both, in the discretion of the Municipal Court Judge.

[Amended 2-22-2012 by Ord. No. 8-2012]

B. For a second or subsequent offense, by a fine not to exceed $2,000 or by imprisonment for a term not to exceed 90 days in the county jail or in any place provided by the City for the detention of prisoners, or both. Each such violation shall be deemed a separate violation, and each day that the same shall continue shall be deemed a separate violation.

C. Violations of § 143-26D. For a first offense, by a fine of $150; for a second offense, by a fine of $250; for a third or subsequent offense, by a fine of $500. Each such violation shall be deemed a separate violation.

[Added 9-3-2014 by Ord. No. 49-2014]

§ 143-38 Storage of collection devices.

[Added 10-9-1991 by Ord. No. 73-1991]

With the exception of Rangers or collection devices placed at the curb or other area on collection day, no collection device shall be stored or maintained at or along the frontage of any residential, commercial, industrial or business location. Any collection device placed at the front of such locations on collection day shall be removed immediately after the collection is made.