City of Sea Isle, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
History Notes: A voluntary recycling program was established by Ordinance No. 709 in the 1976 Code as Section 11-14.1 - 11-14.6. These regulations were superseded by Ordinance No. 947, which established a mandatory recycling program for the City.
[Ord. No. 947 Preamble; Ord. No. 1539 (2013) § 1]
a. 
Purpose.
The New Jersey Mandatory Source Separation and Recycling Act mandates the separation, collection and disposition of recyclable materials.
The cost of solid waste disposal is ever increasing and convenient landfill facilities are rapidly decreasing.
The reduction of the amount of solid waste to be disposed of will reduce the cost of landfill disposal fees and extend the life of the landfill, and, at the same time, the separation, collection and disposition of recyclable materials will reduce the financial burden of solid waste disposal.
b. 
Establishment of Recycling Program.
1. 
Mandatory Recycling.
(a) 
It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government, schools and other institutional locations within Sea Isle City, to separate designated recyclable materials from all solid waste and trash.
(b) 
The owner of each property shall be responsible for compliance with this section. For multifamily units, including but not limited to condominium complexes and seasonal hotel/motels and guest houses, the management or owner is responsible for setting up and maintaining the recycling system, including collection of designated recyclable materials, except for those designated recyclable materials for which municipal collection service is provided to multifamily units. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six months during their occupancy.
2. 
Commercial and Institutional Establishments.
(a) 
All commercial, business or industrial facilities shall be required to comply with the provisions of this section.
(b) 
The arrangement for collection of all categories of designated mandatory recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, except for those specific designated recyclable materials that are collected by the municipality from that property. All commercial, institutional or industrial properties at which litter is generated by employees, or the public, shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
(c) 
Every business, institution or industrial facility shall report on a quarterly basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
(d) 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.
3. 
Recovery of Construction, Renovation and Demolition Debris.
(a) 
For all activities that require municipal approval such as construction, demolition or public event permits, a designated recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities, as well as public events.
(b) 
The Business Administrator or a designee thereof shall review the information submitted pursuant to this section and determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein.
(c) 
The determination regarding compliance will be provided to the Sea Isle City Works Director/Supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Business Administrator or a designee thereof shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this section for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
4. 
Solid Waste Collector Responsibility.
(a) 
It shall be unlawful for solid waste collectors to collect solid waste or trash that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indication that the container of solid waste contains designated recyclable materials.
(b) 
It shall be unlawful for any person to collect or pick up any item outlined herein without the specific authorization of the City of Sea Isle City. Any unauthorized person who picks up or attempts to pick up recyclable items as defined herein shall violate this section.
[Ord. No. 947 § 1; Ord. No. 1441 § I; Ord. No. 1539 (2013) § 2]
As used in this section:
ANTI-FREEZE
Shall mean used antifreeze generated from automobiles, trucks and other vehicles/sources.
ASPHALT AND CONCRETE
Shall mean asphalt and concrete materials from construction and demolition projects.
AUTO AND TRUCK BODIES
Shall mean all junk automobiles, trucks and parts.
BATTERIES (LEAD ACID BATTERIES)
Shall mean used SLA (sealed lead acid) batteries generated from motor vehicles, aviation and marine equipment.
BRUSH, TREE BRANCHES AND STUMPS
Shall mean all parts of vegetative growth from trees, and vegetative materials generated during land clearing.
CHRISTMAS TREES
Shall mean free of decorations, tree stands and plastic bags.
COMMERCIAL COOKING GREASE
Shall mean grease and oil generated from food preparation by commercial sources only.
COMMINGLED
Shall mean a combining of glass and metal food and beverage containers; in addition to plastic bottles and jugs, all of which are nonputrescible source-separated recyclable materials for the purpose of recycling.
COMPUTERS AND CONSUMER ELECTRONICS
Shall mean a computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines, cathode ray tubes, cathode ray tube devices, flat panel displays or similar video display devices with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards including, but not limited to, televisions and cell phones. Also includes VCR's, radios and landline telephones.
CONSUMER RECHARGEABLE NICAD (NICKEL-CADMIUM) AND SMALL SEALED LEAD ACID BATTERIES
Shall mean small sealed batteries generated from use of electronic equipment.
CONTAMINATED SOIL
Shall mean if classified as ID27, all fuel contaminated soil, dewatered soil, and stone from septic beds and similar materials which are allowed to be recycled in accordance with the regulations of the New Jersey Department of Environmental Protection.
DEBRIS
Shall mean stones, dirt, demolition material, broken concrete, brush, branches, small trees and other like material.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Cape May County Solid Waste Management Plan to be Source Separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. The recycling of these materials is mandatory; they cannot be disposed of as solid waste. The source separated recyclable materials that are mandated for recycling are stated in subsection 18-1.4.
FERROUS AND NONFERROUS SCRAP
Shall mean metals, such as copper, iron, sheet metal, aluminum, radiators, structural steel, metal pipe and "white goods" including, but not limited to, appliances containing "CFC's" or Freon.
GARBAGE
Shall mean putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
GENERATOR
Shall mean the person(s) or entity responsible for production and proper disposition of waste material.
GLASS, FOOD AND BEVERAGE CONTAINERS
Shall mean clear, green and brown food and beverage bottles and jars, excluding however, blue bottles, window glass and light bulbs. All food and liquid residue shall be removed from containers.
GRASS
Shall mean lawn grass clippings.
HAZARDOUS SUBSTANCES
Shall mean substances that are considered severely harmful to human health and the environment including, but not limited to, gasoline, kerosene, antifreeze, oil, auto batteries, chemical pesticides, oil based paint and paint thinner.
LEAVES
Shall mean comprised mainly of tree and plant leaves and not contaminated with brush or other material
METAL FOOD AND BEVERAGE CONTAINERS
Shall mean aluminum and steel food and beverage containers five gallons or less in size, including empty aerosol cans. No paint cans. All food and liquid residue shall be removed from containers.
MOTOR OIL/KEROSENE/# 2 HEATING OIL
Shall mean crank-case oil and similar oils, kerosene fuel and #2 home heating oil which are used to fuel heating equipment.
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded. The New Jersey Mandatory Source Separation and Recycling Act requires that each municipality appoint at least one individual as Municipal Recycling Coordinator who has successfully completed all requirements mandated by the State of New Jersey to be designated as a New Jersey Certified Recycling Professional.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the City of Sea Isle City.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
PAPER PRODUCTS
Shall mean newspaper with inserts, magazines, office paper, junk mail including shredded paper, telephone and paperback books, corrugated cardboard, brown paper bags, non-foil wrapping paper, and chipboard packaging including but not limited to dry food boxes (cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes, powdered detergent boxes, paper towel rolls, clean pizza boxes (no food debris) and cardboard beverage carriers. Remove and throw away all liner bags, food contaminated paper and waxed-coated cardboard boxes. Shredded paper may be placed in a clear plastic bag.
Shall mean plastic containers imprinted with a 018 Recycle Symbol 1.tif (PETE), 018 Recycle Symbol 2.tif (HDPE), 018 Recycle Symbol 3.tif (PVC), 018 Recycle Symbol 4.tif (LDPE), 018 Recycle Symbol 5.tif (PP), 018 Recycle Symbol 6.tif (PS) or 018 Recycle Symbol 7.tif(Other) on the bottom, five gallons or less in size, including bottles, jugs, jars and other rigid plastic containers. Plastic containers from food, beverage, health, beauty and cleaning products are included. Examples include, but are not limited to; margarine tubs, microwave trays, yogurt containers, plastic buckets and landscape pots. No Styrofoam packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe. No plastic film. No plastics which contained chemicals or hazardous products, such as motor oil or pesticide containers. All food and liquid residue shall be removed from containers.
PROPANE TANKS
Shall mean empty 20 to 30 lb. BBQ type tanks.
RECOMMENDED RECYCLABLE MATERIALS
Shall mean those materials recommended within the Cape May County Solid Waste Management Plan to be Source Separated for the purpose of recycling by residential, commercial, institutional and industrial sectors.
RECYCLABLE OR RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
SOURCE SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
TIRES
Shall mean worn truck and passenger car tires.
TRASH
Shall mean all material not designated as source separated recycling materials by the City of Sea Isle City, County of Cape May and/or State of New Jersey.
USED OIL FILTERS
Shall mean used filters that are generated from changing crankcase oil in automobiles, trucks and other vehicles.
WHITE GOODS
Shall mean ferrous and nonferrous scrap, including but not limited to refrigerators, air conditioners, other CFC appliances, washers, dryers, ovens, water heaters, dish washers, and steel and metal piping.
WOOD PALLETS AND CRATES
Shall mean clean untreated, unpainted pallets and crates only.
[Ord. No. 947 § 2; Ord. No. 1539 (2013) § 2]
a. 
The following source separated recyclable materials shall be mixed together and set out at curbside for collection; this set out and collection system shall be known as "single stream collection." The following items are included as "single stream recyclable materials:"
1. 
Commingled Products.
2. 
Paper Products.
3. 
Glass, Food and Beverage Containers.
4. 
Metal Food and Beverage Containers.
5. 
Plastic Containers.
b. 
It is the responsibility of the property owner to provide adequate size and number of containers for the placement of recyclables for curbside collection as follows: Single stream recyclable materials as defined in subsection 18-1.3a of this chapter shall be mixed together in one container. More than one container may be used for single stream recyclable materials; however, each container used shall be marked or labeled to identify its contents as single stream recyclable materials. All set out containers which contain single stream recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians.
[Ord. No. 947 § 3; Ord. No. 1441 § II; Ord. No. 1539 (2013) § 3]
The collection of source separated recyclable materials shall be in the manner prescribed as follows:
a. 
The following materials must be source separated and recycled through the municipal program as per the schedule set by the Business Administrator or a designee thereof, or as accepted at the drop off area at the Sea Isle City Public Works Department. No materials shall be mixed together unless they are designated as "single stream recyclable material" as defined in subsection 18-1.3a and herein. All other materials that are recyclable and are eligible to be picked up by the City shall be separated.
1. 
Leaves and Grass.
2. 
Christmas Trees.
3. 
Brush, Tree Branches.
4. 
White Goods.
5. 
Ferrous and Nonferrous Scrap.
6. 
Computers and Consumer Electronics.
b. 
The following materials shall not be collected by the City and must be source separated and recycled by the generator at authorized CMCMUA recycling facilities or any NJDEP approved recycling center in accordance with applicable law:
1. 
Kerosene and #2 Heating Oil.
2. 
Used Motor Oil and Filters.
3. 
Batteries and Lead Acid Batteries — including but not limited to, consumer rechargeable NiCad, small sealed lead acid batteries, and cell phone batteries.
4. 
Tires.
5. 
Antifreeze.
6. 
Propane Tanks.
7. 
Wood Pallets, Crates and Tree Stumps.
8. 
Used Motor Oil Filters.
9. 
Asphalt and Concrete. Asphalt and concrete shall be transported to an approved NJDEP Class "B" recycling facility.
10. 
Auto and Truck Bodies.
11. 
Clean Fill.
12. 
Contaminated Soil.
13. 
Paint, Oil Based Stain, Varnish, etc.
14. 
Cooking Grease.
15. 
Any Hazardous Substances.
[Ord. No. 947 § 4; Ord. No. 1431 § LXXIII; Ord. No. 1441 § III]
a. 
Municipal Recycling Coordinator. As per New Jersey Statutes and Code, the City is required to have a Municipal Recycling Coordinator, who may work part-time or assume other duties in addition to assisting the Business Administrator with coordinating the City's recycling program. The City shall provide appropriate resources to the Municipal Recycling Coordinator as may be required by law.
b. 
Collection Schedule. A collection schedule shall be created and made available to the public, setting the days of recyclable collection, and the schedule may be revised by the Business Administrator or a designee thereof from time to time when appropriate.
c. 
Promulgation of Additional Rules and Regulations. The Governing Body is hereby authorized to promulgate, from time to time, additional rules and regulations relating to the source separation, preparation, placement and collection of recyclable materials pursuant to the provisions of this program and section; provided, however, that such rules and regulations shall not be inconsistent with terms and provisions of this section and shall be approved by the Governing Body. Such rules and regulations shall be duly promulgated subsequent to publication so that the public has notice thereof.
d. 
City Drop-Offs, Barrels and Dumpsters. It shall be unlawful for anyone to deposit commercial waste, bulk trash or construction material in or around City drop-off areas, City barrels and City dumpsters.
[Ord. No. 947 § 5; Ord. No. 965 § 1; Ord. No. 1441 § IV; Ord. No. 1539 (2013) § 4]
a. 
Condition of Containers/Receptacles. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition.
b. 
Time of Placement and Removal. Receptacles or other items to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection. After collection any empty containers shall be removed from curbside promptly but no later than 6:00 p.m. of the day of collection.
c. 
Size of Container/Receptacle. The receptacle size shall not be less than four gallons nor more than 35 gallons, and weight when filled to capacity shall not exceed 50 pounds. The use of plastic bags as receptacles for source separated recyclables shall be a violation of this section.
d. 
Number of Containers/Receptacles. For every improved structure with one to four bedrooms, three or more recycling containers shall be provided by the owner, occupant or proprietor at each location. For nine or more occupants, four or more recycling containers shall be provided by the owner, occupant or proprietor at each location. For every improved structure with five or more bedrooms, three or more recycling containers shall be provided by the owner, occupant or proprietor at each location.
e. 
Label of Container/Receptacle. Each recycling receptacle shall contain the address of the Sea Isle City property to which the recycling container belongs in letters or numbers of at least three inches in height. Each container shall also be labeled to identify its contents as Single Stream Recyclable Materials.
f. 
Complete Disposal. Any person employed in making collections or disposing of recyclable materials, whether a contractor of the City of Sea Isle City or otherwise, shall cause recycling receptacles to be entirely emptied of their contents and any contents falling on the ground shall be immediately picked up and removed by employee.
g. 
Dumpster Requirements. A dumpster will be required where the patron exceeds 10 receptacles for recycling pick-up. Dumpsters shall not be vented and shall be enclosed so that the contents are not visible. Dumpsters shall be placed on concrete pads and situated out of the public right-of-way but within access to a suitable ramp so that regular collection is not prohibited. Each dumpster shall fit within the overall unit's design and shall be buffered from principal structures, parking facilities and pedestrian and vehicular roadways. The City will not be held responsible for collection of recycling in broken dumpsters. After the dumpster is repaired, recycling will be picked up on the next regular recycling day or taken to the landfill by the owner.
h. 
Condition of Use for Dumpsters. The property owner, as a condition of service and in consideration of the City providing solid waste removal, shall hold the City harmless for any damage to the dumpster or other property in order to obtain access to the dumpster as determined by the Business Administrator or a designee thereof.
i. 
Dumpsters for Condominiums. In addition to paragraph f., directly above, there shall be at least one dumpster with the capacity of a maximum of two yards for each condominium complex of three to six units. For each condominium complex of more than six units the size of the dumpster shall be determined by the Business Administrator or a designee thereof.
[Ord. No. 947 § 6; Ord. No. 1441 § V]
a. 
Any application to the Planning Board of Sea Isle City, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of three or more units or any commercial, institutional or industrial development of 1,000 square feet or more, must include a recycling plan. This plan shall contain, at a minimum, the following:
1. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
2. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Business Administrator or a designee thereof.
b. 
For those locations or properties where the municipality does not otherwise provide this service, the owner of any new multi-family housing or commercial, institutional or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source separated designated recyclable materials. The contract must be provided prior to the issuance of a Certificate of Occupancy by the municipality of Sea Isle City.
[Ord. No. 947 § 7; Ord. No. 1029 § 1; Ord. No. 1431 § LXXIV; Ord. No. 1441 § VI; Ord. No. 1539 (2013) § 5]
a. 
Warnings, Violations, Penalties and Denials of Approval. The issuance of discretionary warnings, violations, penalties and denials of approval shall be determined by the Business Administrator or a designee thereof, and shall be made in consideration of the requirements of the Code pertaining to recycling and trash; the threat to the public health, safety and general welfare; frequency of violations (when applicable); ability to identify violator (when applicable); and the actual or potential damage to surrounding areas in which the violation(s) or proposed action is located.
b. 
Separate Offenses. The continuation of any violation for each successive day shall constitute a separate offense.
c. 
Enforcement Officer and Penalties. The Business Administrator or a designee thereof is the enforcement officer of this section. Any person, firm or corporation that violates any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5 and/or two weeks community service work assisting with the municipal recycling program and the Department of Public Works.
d. 
Right to Inspect. The Business Administrator or a designee thereof is/are hereby individually and severally empowered to enforce all provisions herein to benefit the City in waste management and recycling. The enforcers of this section may conduct an inspection at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.
e. 
County Secondary Enforcement. Additionally, the Cape May County Health Department (CMCHD) shall be empowered to enforce the provisions herein. The municipality shall retain primary enforcement responsibility with the CMCHD serving in a secondary enforcement role which includes inspection of commercial establishments with proof of prior law enforcement actions provided by the municipality.
[1]
History Notes: Sections 11-1 - 11-11 of Chapter 11, Garbage and Refuse, of the 1976 Code codified Ordinance No. 654, which was repealed by Ordinance No. 831, which was repealed by Ordinance No. 966, which was subsequently repealed by Ordinance No. 1001.
[Ord. No. 1001 § 1]
This section is deemed necessary in the interest of the public health of the inhabitants of the City of Sea Isle City.
[1976 Code § 11-2; Ord. No. 1001 § 2]
The placing, depositing, collection and disposition of solid waste within the city limits of the City shall not be permitted in any manner except as provided for herein.
[1976 Code § 11-1; Ord. No. 1001 § 3]
As used in this section:
BULK TRASH
Shall mean and include, but not be limited to appliances, furniture and other large items which have unusual weight and/or will not fit in garbage trucks. The removal of building materials of any kind is the responsibility of the individual obtaining a building permit.
GARBAGE
Shall mean all waste matter, animal and vegetable, intended for use in the preparation of food.
REFUSE
Shall mean ashes (See subsection 18-2.9), crockery, old shoes, clothing and similar waste material.
SOLID WASTE
Shall mean and include garbage, refuse, trash and other discarded materials resulting from domestic, commercial and community activities.
[1966 Code §§ 11-6, 11-7; Ord. No. 1001 § 4; Ord. No. 1084 § 1; Ord. No. 1328 § I; Ord. No. 1431 § LXXV; Ord. No. 1468 (2009) § IX; Ord. No. 1504 (2011) § I]
Every person, householder, owner, occupant or proprietor of a dwelling or residential operation shall provide or cause to be provided suitable receptacles with lids for solid waste, which receptacles shall be of rigid construction with removable, tight-fitting tops and placed at the curbside. Waste receptacles shall be watertight and provided with suitable handles, along with being kept clean and covered in order to prevent access to any contents by flies, animals, rainwater or other liquid. The receptacle size shall not be less than four nor more than 35 gallons, and weight when filled to capacity shall not exceed 50 pounds. For every one to eight occupants, four trash containers and three recycling containers shall be provided by the owner, occupant or proprietor at each location. For eight to 12 occupants, six trash containers and four recycling containers shall be provided by the owner, occupant or proprietor at each location.
Each trash receptacle shall contain the address of the Sea Isle City property to which the trash container belongs in letters or numbers of at least three inches in height. All garbage, refuse and solid waste shall be placed curbside no earlier than 6:00 p.m. in the evening on the day immediately preceding the day of collection. All empty containers shall be removed from curbside no later than 8:00 p.m. in the evening on the day of collection. It is a violation of this section to use plastic bags other than inside proper receptacles as defined herein. The Director of Public Works, Parks and Public Property shall prepare a schedule of trash collection annually, or more often as required, setting the schedule of days of trash collection. The Director of Public Works, Parks and Public Property will provide for the advertisement of the schedule to the public.
[1976 Code § 11-10; Ord. No. 1001 § 5; Ord. No. 1431 § LXXVI]
Owners, operators or managers of apartment houses, motels, hotels and other housing combinations, including condominiums, having three or more living units, shall furnish adequate community receptacles for solid waste in which owners and tenants may empty receptacles used for each room, unit, apartment or condominium. When it is in the interest of the public health and welfare to do so, the Director of the Department of Public Works, Parks and Public Property or the City Engineer may determine the size, type and location of the community receptacles.
[Ord. No. 1001 § 6]
Any person employed in making collections or disposing of solid waste, whether a contractor of the City of Sea Isle City or otherwise, shall cause waste receptacles to be entirely emptied of their contents and any contents falling on the ground shall be immediately picked up and removed by employee. All receptacle covers described in subsection 18-2.4 shall not be permanently attached to their containers. An outside hauler or contractor must take the responsibility of removing trash and abide by all the mandates set forth in this section and rules of the Municipal Utilities Authority and the State of New Jersey pertaining to recyclables being mixed with trash or vice versa in the containers. They are held responsible for all and any materials and recycling materials in the private containers.
[1976 Code § 11-4; Ord. No. 1001 § 7; Ord. No. 1431 § LXXVII; Ord. No. 1504 (2011) § II]
Every householder, owner, occupant or proprietor of a dwelling, hotel, motel, restaurant, boarding house, market, store or other place of commercial operation may be entitled to regular solid waste pick-up twice a week. The Director of Public Works, Parks and Public Property shall prepare a schedule of trash collection annually, or more often as required, setting the schedule of days of trash collection. The Director of Public Works, Parks, and Public Property will provide for the advertisement of this schedule to the public. Collection shall be subject to the availability of vehicles and other criteria as determined by the Director of Public Works, Parks and Public Property or his designee. Any business establishment requiring additional collections will be allowed three additional collections at $22.50 per pick-up.
[Ord. No. 1001 § 8; Ord. No. 1431 § LXXVIII]
The City has the right to limit the number of daily pick-up stops when in the public interest at the discretion of the Director of Public Works, Parks and Public Property.
[Ord. No. 1001 § 9]
Hot ashes constitute a hazard, therefore, ashes shall be safely and separately marked for pick-up.
[1976 Code § 11-14; Ord. No. 1001 § 11]
In the event any regular stop exceeds 10 receptacles or their equivalent per collection, the City reserves the right to notify the householder, owner, occupant or proprietor of the stop that they must apply for five days a week, two regular and three extra pick-ups or arrange for the collection of waste material through other means.
[Ord. No. 1001 § 12]
It shall be unlawful for anyone to deposit commercial waste, bulk trash or construction material in or around City drop-off areas, City barrels and City dumpsters, within the City limits.
[1976 Code § 11-10; Ord. No. 1001 § 13]
a. 
There shall be at least one dumpster with the capacity of a maximum of two cubic yards for each condominium complex of three to six units. A dumpster will be required where the patron exceeds 10 receptacles for trash pick-up. For each condominium complex of more than six units the size of the dumpster shall be determined by the Department of Public Works.
b. 
Requirements. Dumpsters shall not be vented. Dumpsters shall be placed on concrete pads and situated out of the public right-of-way but within access to a suitable ramp so that regular collection is not prohibited. Dumpsters shall be fully enclosed so that the contents are not visible. Roofing, however is not required. Each dumpster shall fit within the overall unit's design and shall be buffered from principal structures, parking facilities and pedestrian and vehicular roadways. It shall be the responsibility of the owner of the dumpster to keep it properly maintained and with lids fastened so that it does not interfere with normal collection.
c. 
The City will not be held responsible for collection of trash in broken dumpsters, enforceable by subsection 18-2.17. After the dumpster is repaired, trash will be picked up on the next regular trash day or taken to the landfill by the owner.
d. 
The property owner, for and in consideration of the City's providing solid waste removal, shall hold the City harmless for any damage to the dumpster or other property in order to obtain access to the dumpster as determined by the Superintendent of Public Works and/or their designee.
e. 
Trash with more than 5% recycling will not be picked up until sorted by owner or association, manager, etc. When the trash is sorted, this trash will be picked up on the next regular trash day or taken by owner to the landfill.
[1976 Code § 11-8; Ord. No. 1001 § 14; Ord. No. 1431 § LXXIX]
a. 
The City may, but is not mandated by this section to, provide for the removal of bulk trash. Dates and times for bulk trash removal will be advertised by the City Clerk.
b. 
Any householder, owner, occupant or proprietor placing bulk trash in the City right-of-way for pick-up at any time other than those set by the Director of Public Works, Parks and Public Property or his/her designee and advertised by the City Clerk is subject to a fine as set forth in this section. Appropriate notice shall be given to the public.
c. 
The maximum weight of any individual item of (bulk trash) collectibles under this section shall not exceed 500 pounds or two cubic yards, whichever is the lesser amount.
d. 
Any bulk trash items, including refrigerators, which constitute a public safety hazard, shall have their doors removed when placed for collection.
e. 
If bulk trash is placed for collection other than at times posted in accordance with this ordinance, the property owner shall be charged for the removal as noted in subsection 18-2.17. Such charges, in addition to any other penalties, shall be collected in the same manner and enforced as in the case of unpaid taxes, and shall bear interest at the same rate or rates as unpaid taxes.
f. 
Bulk trash shall be placed curbside no earlier than 6:00 p.m. in the evening on the day immediately preceding the day of collection.
[Ord. No. 1001 § 15; Ord. No. 1031; Ord. No. 1431 § LXXX]
It is a violation of this section for any individual to use the trash receptacles placed on the Promenade, street corners, or any other public areas, for anything other than pedestrian generated trash, specifically but not limited to, household trash. These receptacles are not intended for the dumping of household trash. This section shall be enforced by the Director of the Department of Public Works, Parks and Public Property, or his/her designee along with the Police Department and in accordance with subsection 18-2.17 of this section. In addition to the officers named above, this section shall be enforced by any citizen of the City of Sea Isle City, or any resident thereof.
[Ord. No. 1001 § 10]
Hazardous substances including, but not limited to, gasoline, kerosene, antifreeze, oil, auto batteries, chemical pesticides, oil based paint and paint thinner shall not be accepted for pick-up.
[Ord. No. 1001 § 16]
The City will not pick up carpets or padding. Owners must make arrangements to have carpet and padding removed. It is the responsibility of owner or installer to remove carpet.
[Ord. No. 1001 § 17; Ord. No. 1106 § 1]
Any person, firm, association or corporation violating any subsection of this section shall upon conviction by the Municipal Court of the City of Sea Isle City be subject to a fine of not more than $1,000 or less than $50 for the first offense or imprisonment in the county jail for a term not to exceed 10 days. All said fines and penalties collected in accordance with this section shall be for the benefit of and placed into the Sea Isle City Recycling Trust Fund. A repetition of any violation of this section shall be deemed a new offense.
[1976 Code § 11-12]
No person shall place, cause or permit to be placed or deposited any debris or waste material on public or private property which is a product of or the result of any building activity or home improvement within the City, except as permitted herein.
[1976 Code § 11-13; Ord. No. 1430 § I; Ord. No. 1468 (2009) § X]
a. 
Any debris, trash, litter or building material waste resulting from building activity of any kind or nature, including but not limited to residential and commercial construction, which is otherwise not disposed of, shall be placed in a container or containers to be provided by the property owner, builder or his/her agent and/or employees which container or containers will be of such a nature or construction as to prevent the scattering or spreading of such waste products and/or accumulation of the same in an unsightly or unhealthy manner or in a manner which by its nature would create a nuisance to those persons occupying, working on, visiting or viewing the scene. Any material permitted to remain either uncontained or which is not disposed of at the end of each day will be considered a violation hereof. Each day that the condition described is permitted to remain will be considered a separate violation thereof.
b. 
It will be the sole responsibility of the owners and/or builder, agent and/or employee involved to arrange for the removal of any such debris, trash, litter or building waste and such responsibility will include the carrying away and dumping of any containers utilized pursuant to this section.
c. 
All containers, whether on private property or public property, shall be equipped with a cover. This cover shall be of a sufficient size and material so as to cover the entire container, and attached to the container in such a manner so as to prevent the infiltration of rain water, wind, and other elements. The container is to remain covered at all times so as to prevent debris, trash and other waste from escaping and being scattered throughout the general neighborhood or construction site.
d. 
This subsection 18-3.2 Construction Debris or Waste shall be interpreted consistent with the requirements of Section 10-3 General Building and Housing Regulations. Chapter 10 shall control and be the ordinance followed in the event the two ordinances can not be interpreted consistent with each other.
[1976 Code § 11-14]
The containers required by subsection 18-3.2 may or may not be permanent in construction or design but must be constructed so as to be adequate in size or number to contain all waste materials involved and designed so as not to be subject to destruction or deterioration by the elements.