Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[1973 Code § 3-9.1; Ord. No. 2003-728]
No person shall dispose of garbage, trash, bulk items or recycling, or attempt to do so within the Borough in any manner other than that provided in this section.
[1973 Code § 3-9.2; Ord. No. 2003-728]
As used in this section:
BULK ITEMS
shall consist of old furniture, junk, household articles of an unwieldy nature, containers, and other bulk waste usually disposed of by homeowners.
GARBAGE
shall mean all waste products, other than human, which are organic in nature.
NONRESIDENTIAL PROPERTY
shall refer to all commercial establishments including properties that have a mixed use of commercial and residential units. For collection purposes, a property containing mixed uses of multiple commercial and residential units, each unit residential/nonresidential will be considered separately.
TRASH
shall mean all waste products which are nonorganic in nature and without deposit of garbage thereon, including wood and wood products not exceeding four (4) feet in length or heavier than fifty (50) pounds.
[1973 Code § 3-9.3]
Garbage shall be kept in covered, waterproof receptacles of galvanized metal or rigid plastic, with handles, and shall not be loaded therein in excess of fifty (50) pounds.
[1973 Code § 3-9.4]
Trash shall be kept in a receptacle of such nature and in such manner that it will not fall or blow from the receptacle, but the receptacle shall not exceed an overall dimension of ten (10) feet in any one (1) direction even if it is placed for collection as trash; bundles of newspapers less than fifty (50) pounds in weight and bundles of brush less than four (4) feet in length shall be collected as trash, if securely tied, even if not placed in a receptacle.
[1973 Code § 3-9.5]
The collection of garbage and trash will be made on such schedules as shall be fixed by resolution of the Council.
[1973 Code § 3-9.6; Ord. No. 2003-725; Ord. No. 2003-728]
a. 
Garbage, trash and recycling containers and bulk items shall be placed at the curb or place of customary collection not earlier than 6:00 p.m. on the evening preceding collection day; following collection, the containers shall be removed from the curb or place of customary collection not later than 6:00 p.m. on the evening of the collection day.
b. 
Garbage and trash containers placed at the curb or place of customary collection in violation of the times and dates listed in this section may be collected and disposed of by Borough public workers. The costs to the Borough for the salaries of these employees and any tipping or disposal fees to the landfill while engaged in disposing of the refuse from these garbage and trash containers shall be calculated by the Borough and submitted to the property owner or tenant for payment, and may also be added to any fines or penalties assessed by the Municipal Court.
[1973 Code § 3-9.7]
Nothing shall preclude the establishment by the Borough of a "clean-up" period, for such a period of time and on such terms of collection as shall be duly enacted by its resolution and proclamation, and persons complying with the regulations set forth in such a "clean-up" resolution shall not be considered to be in violation of this section.
[Ord. No. 2003-728]
a. 
Solid Waste Collection. Nonresidential properties will be provided solid waste pickup two (2) days per week of up to five (5) trash cans as described in subsection 13-1.3.
b. 
Greater Level of Service. Nonresidential properties, which the Borough determines require a greater level of service than provided in paragraph a. above, must contract with the approved private solid waste collection for each service.
Municipal buildings, firehouses, first aid squads and all elementary and secondary schools in the Borough shall receive solid waste collection by the Borough or its agents on a schedule to be determined by the Department of Public Works. All other public buildings and nontaxpaying properties shall be considered nonresidential properties for the purposes of this section.
The Borough will collect materials from public receptacles and public areas on a schedule to be determined by the Department of Public Works.
[Ord. No. 2003-728]
a. 
Retail Food Establishment shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; 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.S.A. 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.
[Ord. No. 2003-728]
Every retail food establishment will be provided with the pickup of solid waste two (2) times per week as set forth in subsection 13-1.8, provided that this schedule does not result in the development of odors and the attraction of vermin. Every retail food establishment that cannot comply with the foregoing conditions as determined by the Borough or the establishment requests more frequent collection, shall have its own solid waste collected by a legally qualified solid waste collector. Collections shall occur at least two (2) times per week, or at such other frequencies as to be determined by the Borough 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 a week.
[Prior ordinance history includes portions of Ordinance Nos. 95-615, 2003-728, 2009-839]
[Ord. No. 2010-847]
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Ord. No. 2010-847]
a. 
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institution and building, to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bimetal cans, glass bottles and jars, and plastic containers ("designated recyclables"), from all other solid waste produced by such residences and establishments.
1. 
Newspaper shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as paintings or paper maché projects, or used for cleanup of pet waste.
2. 
Corrugated cardboard shall mean layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
3. 
Clean mixed paper shall mean high-grade bond paper, mixed office and school papers, such as stationery, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single layer cardboard (chipboard). Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
4. 
Aluminum cans shall mean all disposable cans made of aluminum used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
5. 
Tin and bimetal cans shall mean all disposable cans made of tin, steel or a combination of metal including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
6. 
Glass bottles and jars shall mean transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
7. 
Plastic containers shall mean plastic containers that are labeled plastic resin type #1 PETE thru plastic resin type #7. Specifically excluded are consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
b. 
Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other area(s) in the manner and schedule as regularly published and distributed by the municipality. Appropriate containers shall mean:
1. 
Commingled.
(a) 
Residents—Two (2) 32-gallon rigid containers or two (2) rigid containers not to exceed fifty (50) pounds each.
(b) 
Business—Four (4) 55-gallon rigid containers.
c. 
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
d. 
Any multi-family complex, business or institution which is not provided recyclables collection services by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
e. 
Leaves shall be kept separate from other vegetative waste, and shall only be placed for collection in the manner and schedule as shall be published and distributed by the municipality. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
f. 
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs, metal appliances or bulk metal items.
g. 
Automotive and other vehicle or wet cell batteries, used motor oil and anti-freeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrap yards, or publicly operated recycling facilities designed and permitted to handle such products.
h. 
Common, nonrechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D and 9-volt, may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to The Borough of Lake Como Department of Public Works for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
i. 
Computer, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to the Borough of Lake Como Department of Public Works for proper shipment of these items to appropriate processing facilities.
[Ord. No. 2010-847]
a. 
All designated recyclables become the property of the municipality and/or the contracted collector once placed at the curbside, in a container prohibited by the contractor, or brought to and accepted at the Municipal Recycling Depot.
b. 
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up, any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
c. 
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclable materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation, however, shall not pick up recyclable materials at curbside.
[Ord. No. 2010-847]
a. 
No liquids of any type shall be placed with recyclables, or with solid waste for collection and disposal.
b. 
No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables, or with solid waste for collection and disposal.
[Ord. No. 2010-847]
a. 
All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
b. 
Any company or agency providing dumpsters, roll off or other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Ord. No. 2010-847; Ord. No. 2013-890]
a. 
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of the generated materials.
b. 
(Reserved)
c. 
Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.
[Ord. No. 2010-847]
a. 
The position of Recycling Coordinator is hereby created and established within the municipality, to be appointed by the Governing Body for a term of one (1) year.
b. 
The duties of the Recycling Coordinator shall include, but are not limited to: the preparation of annual or other reports as required by State and County agencies regarding local solid waste and recycling programs, reviewing the performance of local schools and municipal agencies in conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation on local subdivision and site plans submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions, reports to the Governing Body on the implementation and enforcement of the provisions of this ordinance, and such other reports and activities as may be required by the Governing Body.
c. 
The Recycling Coordinator shall be required to comply with the Certification Requirements for Municipal Recycling Coordinators, as established by the State of New Jersey. The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a "Certified Recycling Professional" (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. No. 2010-847]
a. 
The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department, and Department of Public Works Superintendent are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
b. 
The authorized inspector may, in his or her discretion, issue a warning rather that a summons following an initial inspection(s), with a follow up visit to determine compliance within a stated period of time.
[Ord. No. 2010-847]
a. 
Violations or noncompliance with any of the provisions of this section, or the rules and regulations promulgated hereunder, shall be punishable by a fine as follows:
1. 
For a first offense—$75.00
2. 
For a second offense—$150.00
3. 
For third and subsequent offenses—$300.00; $600.00, $1,200.00, and so on, and/or the performance of community service in the recycling program, for a period not to exceed ninety (90) days.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
c. 
Fines levied and collected in Municipal Court pursuant to the provisions of this section shall be deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[Ord. No. 2010-847]
This section shall take effect upon its passage and publication according to law. Ordinance No. 2010-847 was adopted September 21, 2010.
[Ord. No. 2003-728]
Contractors and subcontractors are prohibited from placing any bulk items for collection, and must arrange for private cartage. The Borough will collect bulk items on the scheduled bulk item pickup date as per the Municipal schedule provided that the person desiring collection places the appropriate number of fee stickers on each bulk item as set forth in Schedule A[1] of this chapter. Fee stickers must be purchased from the Municipal Clerk. The Clerk shall charge one ($1.00) dollar for each fee sticker.
FEE SCHEDULES
SCHEDULE A
The number of fee stickers required for each bulk item is based on one (1) fee sticker per ten (10) pounds of weight. A schedule of estimated weights will be available at the Municipal Clerk's office. If any item is not on the schedule, the person placing the item should estimate the total weight to the item (in pounds) and divide that figure by ten (10) to arrive at the number of fee stickers required for that item. Any person unable to estimate the weight of an item may call the Department of Public Works for an estimate.
[1]
Editor's Note: Schedule A referred to herein may be found at the end of this section.
[Ord. No. 2006-773]
a. 
Purpose. The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Lake Como, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
shall mean leaves and grass clippings.
c. 
Prohibited Conduct. The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
d. 
Enforcement. The provisions of this section shall be enforced by the Lake Como Police Department.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine in accordance with the General Penalty, Section 1-5 of the Revised General Ordinances of the Borough of Lake Como.
[Ord. No. 2006-776]
a. 
Purpose. The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Lake Como, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
shall mean leaves and grass clippings.
c. 
Yard Waste Collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than ten (10) feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
d. 
Enforcement. The provisions of this section shall be enforced by the Lake Como Police Department.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine in accordance with the General Penalty, Section 1-5 of the Revised General Ordinances of the Borough of Lake Como.