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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § 94-1]
Private collection containers, whether in regular or temporary use, shall not be placed closer to a public road or right-of-way than between the sidewalk and the front of the main building or structure of the property being served. No such container shall be placed in the roadway, public right-of-way or in a location that interferes with the use of the sidewalk.
[1972 Code § 94-3; Ord. No. 1549-91]
No person, owner, lessee or occupant shall place any item of solid waste at curbside for collection earlier than 24 hours prior to the designated time and date for collection of solid waste. No person, owner, lessee or occupant shall allow or permit any empty receptacle or container to remain at curbside later than 8:00 a.m. on the morning following the day of collection.
[Ord. No. 2062-10 § 2]
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. 2059-09 § 3]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking or otherwise discharge of liquids, semi-liquids or solids from containers to the municipal separate storm sewer system operated by the Borough of Manasquan and/or the waters of the State so as to protect the public health, safety and welfare and to prescribe penalties for the failure to comply.
[Ord. No. 2059-09 § 4]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Manasquan or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the oceans and its estuaries, all springs, streams and bodies or surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2059-09 § 5; Ord. No. 2180-15]
a. 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
b. 
Any person who owns, leases, or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system operated by the Borough of Manasquan.
c. 
The fee as stated in Chapter 16, Fees, shall be payable with the submission of a dumpster application.
[Ord. No. 2059-09 § 6]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJDES permit.
e. 
Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pickup.
[Ord. No. 2059-09 § 7]
This section shall be enforced by the Code Enforcement Official of the Borough of Manasquan.
[Ord. No. 2059-09 § 8]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,500.
[Ord. No. 2059-09 § 9]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause or phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[1972 Code § 81-1; Ord. No. 1326]
As used in this section:
OTHER STRUCTURES
Shall mean and include hotels, guest houses, business establishments and places where newspapers may be found.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
SOLID WASTE
Shall mean and include all garbage, rubbish and trash either placed in receptacles for collection by the municipality or its duly authorized agents.
USED NEWSPAPER
Shall mean and include paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded from the term "used newspaper" are all magazines or other periodicals as well as other paper products of any nature whatsoever.
[1972 Code § 81-2; Ord. No. 1326]
The Borough Council shall have the authority to establish rules and regulations for the collection of used newspaper for recycling purposes from residences and other structures in the municipality. The rules and regulations therefor shall be adopted by resolution. It shall be mandatory for all persons who are owners, lessees and occupants of residences and other structures in the Borough to separate used newspaper from all other solid waste and to separately bundle used newspaper for collection by the municipality or its duly authorized agents.
[1972 Code § 81-3; Ord. No. 1326; New]
The used newspaper shall be compacted and be tied securely in bundles not exceeding 35 pounds in weight with rope or cord sufficient in strength to facilitate handling. The bundles shall be placed separately at the curb for collection not earlier than 6:00 a.m. on those days designated for collection. If bundles of newspaper are not collected for any reason, they shall be removed from the curb area not later than 7:00 p.m.
[1972 Code § 81-4; Ord. No. 1326]
From the time used newspaper is placed at the curb for collection, the used newspaper shall become the property of the Borough. It shall be a violation of this section for any person to collect or cause to be collected such used newspaper, unless authorized by the Borough Council, during the twenty-four-hour period commencing at 6:00 a.m. on the day designated for the collection. Each and every collection and violation of this section shall constitute a separate offense punishable as provided herein.
[1972 Code § 81-5; Ord. No. 1326]
The Borough Council may adopt regulations authorizing the following types of organizations to be its official collection agent:
a. 
Charitable or nonprofit organizations.
b. 
Veterans organizations or local service groups.
c. 
Quasi-governmental groups and associations, such as police, fire or civil defense organizations.
d. 
Groups sponsored by governmental units.
[1972 Code § 81-6; Ord. No. 1686-96; Ord. No. 1326]
It shall be the duty of the Manasquan Police Department, Code Enforcement Official and such other officials as are designated by the Governing Body to enforce the provisions of this chapter.
[1972 Code § 81-8; Ord. No. 1408; Ord. No. 1441; Ord. No. 1456; Ord. No. 1528-90; Ord. No. 1686-96; Ord. 2062-10 § 3]
a. 
It shall be mandatory for all persons, lessees and occupants of residential property (including multi-family dwellings) to separate newspapers, glass bottles and jars, aluminum cans, tin and bimetal cans, white goods, scrap metal, batteries, leaves and grass clippings from all other solid waste produced by such residences. Glass bottles and jars, aluminum cans, tin and bimetal cans may be commingled in the same container not to exceed 32 gallons in size. Each container shall be clearly marked "RECYCLING." Newspapers must be tied in bundles not to exceed 35 pounds. Leaves must be raked to the curb for collection by the Public Works Department from October 1 to December 15. From December 16 through September 30, leaves must be placed in clear plastic bags or containers and delivered to the Public Works Garage. Grass cuttings must be left on the lawn or disposed of by the property owner/occupant. White goods must be deposited in the dumpster at the Public Works Garage by the property owner/occupant. Batteries may be brought to the Public Works Garage or to selected merchants.
b. 
It shall be mandatory for all owners, lessees and occupants of business, commercial or industrial property and of private, public and governmental institutions and buildings to separate newspapers, glass bottles and jars, aluminum cans, tin and bimetal cans, scrap metal, white goods, batteries, leaves, grass clippings, corrugated cardboard, and/or high grade paper from all other solid waste produced by nonresidential establishments. The following items to be recycled must be delivered to the designated dumpster at the Public Works Garage: glass bottles and jars, aluminum cans, tin and bimetal cans, batteries, cardboard, office paper and white goods. Leaves must be raked to the curb for collection by the Department of Public Works from October 1 to December 15. From December 16 through September 30, leaves must be placed in clear plastic bags or containers and delivered to the Public Works Garage. The Borough will not collect grass cuttings.
c. 
It shall be unlawful for any persons to dispose of used motor oil in any manner other than through an authorized "used oil collection site." On and after the adoption of this chapter, and in accordance with existing State regulations (N.J.A.C. 14A:3-11), all service stations, oil retainers, and motor vehicle inspection stations with used oil holding tanks shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawn mowers, or motorcycles and shall post a sign informing the public that they are a "Used Oil Collection Site." Antifreeze and gasoline cannot be mixed with oil.
d. 
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 retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
e. 
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with the other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[1972 Code § 81-9; Ord. No. 1408; Ord. No. 1686-96; Ord. No. 2062-10 § 4]
As used in this section:
ALUMINUM
Shall mean and include aluminum containers used for soda, beer or other beverages.
BATTERIES
Shall mean and include cameras, flashlights, toys, car and boat batteries.
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.
CONSTRUCTION OR DEMOLITION MATERIALS
Shall mean and include asphalt, concrete, tree stumps, land clearing debris, pallets and waste lumber.
CORRUGATED CARDBOARD
Shall mean and include cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and craft paper material.
GLASS
Shall mean and include all products made from silica or sand, soda ash, and limestone; the product being transparent and translucent and being used for packaging or bottling of various matters, excluding, however, blue or flat glass commonly known as window glass, china, and mirrors.
HIGH GRADE PAPER
Shall mean and include white and/or off-white stationery, photocopy and computer paper.
NEWSPAPER
Shall mean and include paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly having printed thereon news opinions and containing advertisements and other matters of public interest. Expressly excluded, however are all magazines or other periodicals as well as all other paper products of any nature whatsoever.
PLASTIC
Shall mean plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically excluded are other resin type (#2 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
SOLID WASTE
Shall mean and include all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
TIN AND BIMETAL CANS
Shall mean all disposable cans made of tin, steel or combination of metals including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints or oils.
WHITE GOODS AND SCRAP METALS
Shall mean and include appliances, metal paper, scrap metal, metal lawn chairs, exterior furniture, screens, storm doors, and bicycles.
[1972 Code § 81-10; Ord. No. 1408; Ord. No. 2062-10 § 5]
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 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 plan 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 section, and such other reports and activities as may be requested 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 "Certified Recycling Professional" (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enforcement Act.
[1972 Code § 81-11; Ord. No. 1408; Ord. No. 1686-96]
The Governing Body may use municipal personnel to collect recyclable material set forth herein at curbside and/or from a drop-off center and shall sell the recyclable material if a market exists, therefor, pursuant to N.J.S.A. 40A:11-1 et seq.
The Governing Body may elect to enter into agreements with qualified persons, nonprofit organizations, or corporations authorizing them to collect the recyclable material at curbside or from a drop-off center and to sell the recyclable material. Establishments disposing of recyclables through means other than the Borough's disposal mechanism shall provide the Borough with a copy of the weight slips on a quarterly basis.
[1972 Code § 81-12; Ord. No. 1408]
Recyclable material as defined herein shall be the property of the Borough once placed on the curbside or Borough to a drop-off center.
It shall be a violation of this section for any person unauthorized by the Governing Body to pick up or cause to be picked up the recyclable material as defined herein. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[1972 Code § 81-13; Ord. No. 1408]
Anything herein to the contrary notwithstanding any person, partnership, or corporation who is owner, lessee, or occupant of a residential or nonresidential property, may donate or sell the recyclable material as defined herein, to any person, partnership, or corporation whether or not operating for profit. The person, partnership, or corporation, however, shall not pick up the recyclable materials at curbside or at a drop-off center.
[1972 Code § 81-14; Ord. No. 1408; Ord. No. 2062-10 § 6]
The enforcement of the provisions of this section shall be the responsibility of the Recycling Coordinator, the Monmouth County Health Department, the Code Enforcement Official and the Manasquan Police Department.
The above named officials are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residence, business, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summons and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection(s), with a follow-up visit to determine compliance within a stated period of time.
The responsibility of monitoring the program for the adequacy of the collection and all other terms of the established rules and regulations is that of the Recycling Coordinator.
[1972 Code § 81-16; Ord. No. 1408; Ord. No. 1486; Ord. No. 1686-96]
a. 
No person, owner, lessee or occupant shall place any item or solid waste (which ultimately will be recycled) at curbside for collection earlier than 24 hours prior to the designated time and date for collection of such items. No person, owner, lessee or occupant shall allow or permit any empty receptacles or containers to remain at curbside later than 8:00 a.m. on the morning following the day of collection.
b. 
The owners, lessees and occupants of multi-family residential, business, commercial or industrial property and of private, public and governmental institutions and buildings shall have the option of delivering items for recycling to the Municipal Recycling Center or contracting with a private contractor to remove such items. If the services of a private contractor are utilized, the owners, lessees or occupants of such nonresidential properties shall be responsible to maintain weight slips or receipts to measure the tonnage of the recycled items. The weight slips or receipts shall be submitted to the Recycling Coordinator on a quarterly basis on or before the 15th day of January, April, July and October of each year.
c. 
Materials designated for recycling in this section shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1. 
For each subdivision application for 50 or more single-family units, the applicant shall provide an exterior storage area of at least 12 square feet for each dwelling unit to accommodate a four week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans).
2. 
For each subdivision application for 25 or more multi-family units, the applicant shall provide an exterior storage area of at least three square feet for each dwelling unit to accommodate a one week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans). Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
3. 
For each site plan application for commercial and industrial development that utilize 1,000 square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans, high grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate one to four weeks accumulation of recyclable material. The Municipal Agency may require the location of one or more common storage areas at convenient locations within the development.
[1972 Code § 81-17; Ord. No. 1408; Ord. No. 1686-96; Ord. No. 1994-07 § 1; Ord. No. 2062-10 § 7; Ord. No. 2099-11]
a. 
Residents, businesses and institutions within the municipality may use only those recycling haulers and/or facilities which are registered with the County.
b. 
Businesses, institutions and multi-family residential properties not served by municipal recycling collection programs shall provide the Municipal Recycling Coordinator with the name and address of the company providing solid waste and recycling collection services.
c. 
Businesses or institutions hauling their own recyclables shall provide the Municipal Recycling Coordinator with reports on the quantity and destination of recyclables. The reports shall be submitted on a quarterly basis on or before the 15th day of January, April, July and October of each year.
d. 
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying disposal and recycling arrangements. The applicant shall supply appropriate records documenting the quantity and disposition of all materials. A refundable deposit of $50 shall be shall be paid upon submission of the Debris Management Plan. Upon completion of the project, the applicant shall submit the appropriate records documenting the quantity and disposition of solid waste and recyclables. Inadequate or incomplete documentation may result in a delay of the final Certificate of Occupancy.
e. 
All containers used for the deposit of solid waste and recyclable materials shall be identified with permanent markings indicating the street number of the owner, lessee, or occupant of any residential, business, commercial or industrial property utilizing a container for the deposit of solid waste or recyclable materials. The numerals identifying the street number shall be at least three inches in height and be clearly legible on the container. In the event the container used for the deposit of solid waste or recyclable materials is not marked in the prescribed manner, the container may be expropriated by any officer or employee of the Borough of Manasquan.
[Ord. No. 2026-08]
The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Manasquan, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2026-08]
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 grass clippings and other organic waste, but does not include leaves.
[Ord. No. 2026-08]
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 in the street.
[Ord. No. 2026-08]
This section shall be enforced by the Police Department, Zoning Officer and Code Enforcement Officer of the Borough of Manasquan.
[1]
Editor's Note: Former subsection 21-8.5, Penalties, previously codified herein and containing portions of Ordinance No. 2026-08 was repealed in its entirety by Ordinance No. 2062-10. See Section 21-10 for Violations and Penalties.
[Ord. No. 2026-08]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Manasquan, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2026-08]
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 grass clippings and other organic waste, but does not include leaves.
[Ord. No. 2026-08]
Sweeping, raking, blowing or otherwise placing yard waste at the curb or along the street is prohibited.
Sweeping, raking, blowing or otherwise placing leaves at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection. Leaves shall not be placed closer than 10 feet from any storm drain inlet. Placement of leaves 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 leaves occurs, the party responsible for placement of the leaves must remove the leaves from the street or said party shall be deemed in violation of this section.
[Ord. No. 2026-08]
This section shall be enforced by the Police Department, Zoning Officer and Code Enforcement Officer of the Borough of Manasquan.
[1]
Editor's Note: Former subsection 21-9.5, Penalties, previously codified herein and containing portions of Ordinance No. 2026-08, was repealed in its entirety by Ordinance No. 2062-10. See Section 21-10 for Violations and Penalties.
[Ord. No. 2062-10 § 10]
Violation or noncompliance with any of the provisions of Sections 21-6 through 21-9, or the rules and regulations promulgated hereunder, shall be punished by a fine as follows:
For a first offense: $25 to $100.
For a second offense: $50 to $250.
For a third and/or subsequent offense: $100 to $1,500 and/or the performance of community service in the recycling programs, for a period not to exceed 90 days.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
Fines levied and collected in Municipal Court pursuant to the provisions of Sections 21-6 through 21-9 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.