[1]
Prior ordinance history: Ordinance Nos. 129-87, 138-89, 358-07,
400-07.
[Ord. No. 478-13 § 1]
This section shall be known and may be cited as the Borough
of West Cape May Recycling Program Ordinance.
[Ord. No. 478-13 § 2]
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
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 organized into the following
two categories, which include but are not limited to:
Category 1: Designated Recyclable Materials to Be Set Out at
Curbside:
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:"
Paper Products — Newspaper with inserts, magazines, office
paper, junk mail including 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.
[Amended 8-28-2019 by Ord. No. 571-19]
(Glass, Food and Beverage Containers — 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.
Metal Food and Beverage Containers — 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.
Plastic Containers — Plastic containers imprinted with
a (PETE), (HDPE), (PVC), (LDPE), (PP), (PS) or (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.
The following source separated recyclable materials shall be
set out at curbside for collection; these items shall not be mixed
with single stream recyclable materials:
Category 2: Designated Materials to Be Recycled by the Individual
Generator or Municipality via Drop-Off at Cape May County Municipal
Utilities Authority (CMCMUA) or Private NJDEP Approved Recycling Facilities,
as applicable:
Brush, Tree Branches and Stumps — All parts of vegetative
growth from trees, and vegetative materials generated during land
clearing;
Ferrous and Nonferrous Scrap — 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;
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 (4") 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;
Motor Oil / Kerosene / # 2 Heating Oil — Crank-case oil
and similar oils, kerosene fuel and #2 home heating oil which are
used to fuel heating equipment;
Wood Pallets and Crates — Clean untreated, unpainted pallets
and crates only;
Batteries - Lead Acid Batteries — Used SLA (sealed lead
acid) batteries generated from motor vehicles, aviation and marine
equipment;
Propane Tanks — Empty 20 to 30 lb. BBQ type tanks;
Contaminated Soil — 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;
Commercial Cooking Grease — Grease and oil generated from
food preparation by commercial sources only;
Asphalt and Concrete — Asphalt and concrete materials
from construction and demolition projects;
Auto and Truck Bodies — All junk automobiles, trucks and
parts;
Tires — Worn truck and passenger car tires;
Used Oil Filters — Used filters that are generated from
changing crankcase oil in automobiles, trucks and other vehicles;
Antifreeze — Used antifreeze generated from automobiles,
trucks and other vehicles/ sources; and
Consumer Rechargeable NiCad (Nickel-Cadmium) and Small Sealed
Lead Acid Batteries — Small sealed batteries generated from
use of electronic equipment.
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.
Shall mean all solid waste generated at residential, commercial
and institutional establishments within the boundaries of the Borough
of West Cape May.
Shall mean the New Jersey Department of Environmental Protection;
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.
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;
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;
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
[Ord. No. 478-13 § 3]
a.Â
Mandatory Source Separation. 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 the Borough
of West Cape May, to separate designated recyclable materials from
all solid waste.
1.Â
Category 1 designated recyclable materials shall be placed at the
curb in a manner and on such days and times as may be hereinafter
established by the Borough of West Cape May.
2.Â
When municipal curbside collection is not provided for designated
recyclable materials, as is the case for those recyclables included
in Category 2, it shall be the obligation of the generator to deliver
or arrange for the delivery of such materials to the Cape May County
Municipal Utilities Authority (CMCMUA) recycling facilities located
at the Sanitary Landfill and/or Transfer Station as applicable, or
to a private sector market for recycling.
[Ord. No. 578-13 § 4]
The collection of source separated recyclable materials shall
be in the manner prescribed as follows:
a.Â
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 Category 1(a) shall be mixed together in one container.
More than one container may be used for single stream recyclable materials;
however, each container used should 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. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition.
b.Â
All receptacles or dumpsters shall be maintained in a clean and safe
manner.
c.Â
The following materials must be source separated and recycled through
the municipal recycling program in the following manner:
1.Â
Leaves and Grass. Leaves and grass shall be collected curbside on
the day scheduled by Public Works. Only leaves and grass placed in
compostable bags will be picked up. Items 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. Receptacles or other
items to be recycled shall be placed as noted above any time after
5:00 p.m. of the day immediately preceding the day of collection,
but no later than 6:00 a.m. of the day of collection. After collection,
any containers shall be removed from the curbside by no later than
7:00 p.m. of the day of collection.
2.Â
Christmas Trees. Christmas trees shall be collected curbside only
on the days specified by Public Works during the month of January.
Trees 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.
Receptacles or other items to be recycled shall be placed as noted
above any time after 5:00 p.m. of the day immediately preceding the
day of collection, but no later than 6:00 a.m. of the day of collection.
After collection, any containers shall be removed from the curbside
by no later than 7:00 p.m. of the day of collection.[1]
[1]
Editor's Note: Former Subsection c3, White Goods, and 4, Ferrous
and Nonferrous Scrap, were repealed 8-28-2019 by Ord. No. 571-19.
d.Â
The following materials must be source separated and recycled by
the generator at authorized CMCMUA recycling facilities or any NJDEP
approved recycling center:
1.Â
Brush, Tree Branches and Tree Stumps
2.Â
White Goods
3.Â
Ferrous and Nonferrous Scrap
4.Â
Wood Pallets and Crates
5.Â
Propane Tanks
6.Â
Computers and Consumer Electronics
7.Â
Tires
8.Â
Antifreeze
9.Â
Lead Acid Batteries
10.Â
Used Motor Oil
11.Â
Kerosene / #2 Heating Oil
12.Â
Used Oil Filters
13.Â
Asphalt and Concrete
14.Â
Auto and Truck Bodies
15.Â
Contaminated Soil
16.Â
Commercial Cooking Grease
17.Â
Consumer Rechargeable NiCad and Small Sealed Lead Acid Batteries
[Ord. No. 578-13 § 4.1]
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.
[Ord. No. 478-13 § 4.2]
a.Â
All commercial, business or industrial facilities shall be required
to comply with the provisions of this section.
b.Â
The arrangement for collection of all categories of designated recyclable
materials 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.Â
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.Â
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle commercial cooking 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.
[Ord. No. 478-13 § 4.3]
a.Â
Any application to the Planning Board of the Borough of West Cape
May, 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.Â
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.Â
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 Municipal Recycling Coordinator.
b.Â
Prior to the issuance of a Certificate of Occupancy by the Borough
of West Cape May, 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
for those locations or properties where the municipality does not
otherwise provide this service.
[Ord. No. 478-13 § 5]
a.Â
It shall be unlawful for solid waste collectors to collect solid
waste 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 indicating
that the container of solid waste contains designated recyclable materials.
b.Â
It shall be the responsibility of the owner or occupant to properly
segregate the uncollected waste for proper disposal and/or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
at the curbside beyond 7:00 p.m. on the day of collection will be
considered a violation of this section and the local sanitary code.
c.Â
Once placed in the location identified by this section, or any rules
or regulations promulgated pursuant to this section, no person, other
than any personnel authorized by the municipality or the owner or
occupant responsible for placement of the designated recyclable materials
for collection, shall tamper with, collect, remove, or otherwise handle
designated recyclable materials. Upon placement of such designated
recyclable material, it shall become property of the municipality.
It shall be a violation of this section for any person not duly authorized
to collect or pick up or cause to be collected or picked up any recyclable
materials that are the property of the municipality as provided for
above.
[Ord. No. 478-13 §§ 6,
6.1]
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.
a.Â
Compliance with Diversion Requirement. The Municipal Recycling Coordinator
shall review the information submitted pursuant to this subsection
of the 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. The determination
regarding compliance will be provided to the Municipal Public Works
Director/Supervisor and the owner of the entity carrying out the covered
project in writing. When such plan is deemed not compliant, the Municipal
Recycling Coordinator 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.
[Ord. No. 478-13 § 7]
The Municipal Recycling Coordinator and his designees are hereby
individually and severally empowered to enforce the provisions of
this section. The enforcers of the section may conduct inspections
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.
Additionally, the Cape May County Health Department (CMCHD)
shall be empowered to enforce the provisions of this section. 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 violations prior to law
enforcement actions.
[Ord. No. 478-13 § 8]
If any subsection, paragraph, clause or provision of this section
shall be adjudged by a Court of competent jurisdiction to be invalid,
such adjudication shall apply only to the subsection, paragraph, clause
or provision so adjudged, and the remainder of this section shall
be deemed valid and effective.
This section shall take effect immediately upon enactment by
the Governing Body of the municipality.
[Ord. No. 478-13 § 9]
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 had notice thereof.
[Ord. No. 478-13 § 10]
Any person or entity violating, or failing to comply with, any
of the provisions provided in this section shall, upon conviction
thereof, be punishable by a fine of not less than $50 and not more
than $500 or by imprisonment for a term not to exceed 90 days, or
by both such fine and imprisonment, in the discretion of the Municipal
Judge. The continuation of any violation for each successive day shall
constitute a separate offense, and the person, persons, or entity
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense. Any violation may be
afforded at least one warning at the discretion of the enforcement
designees before the issuance of any fines.
[Ord. No. 223-94, Preamble;
amended 8-28-2019 by Ord. No. 571-19]
N.J.S.A. 40:66-5.1 requires all municipalities to adopt a proof
of service ordinance with respect to the collection and disposal of
solid waste generated on premises within the municipality in those
situations where the municipality does not pick up and collect solid
waste as part of its governmental functions; and the Borough of West
Cape May does not pick up and collect solid waste for commercial and
industrial properties as part of its governmental functions.
[1]
Editor's Note: Former § 18-2.2, Proof of Contract
Required; Exception; Residential Properties, Ord. No. 223-94, § 1,
was repealed 8-28-2019 by Ord. No. 571-19.
[Ord. No. 223-94 § II]
The owner of all other improved properties within the Borough
utilized for any commercial, industrial or other purposes shall also,
at least annually and by July 1st of each calendar year, provide written
proof to the Borough Clerk that there exists a contract with a licensed
solid waste collection service for the periodic collection and removal
of solid waste from such commercial or industrial property.
[Ord. No. 223-94 § III]
The furnishing of proof required by this section may, at the
option of the owner or owners of the particular property, be furnished
by sending the required written proof along with any required tax
payment made to the Borough Tax Collector who shall then transmit
same to the Borough Clerk.
[Ord. No. 223-94 § IV]
The owner or owners of all properties improved and designated
as multi-family housing shall be required to furnish and maintain
on the property a sufficient number of appropriate solid waste containers
for the deposit of nonrecyclable waste materials to be disposed of
as solid waste.
[Ord. No. 223-94 § V]
The Borough shall, at six month intervals, provide notice of
the requirements of this section as required by N.J.S.A. 40:55-5.1(c).
The failure to provide such notice, however, shall not constitute
a defense to any action asserting a violation of any of the provisions
of this section.
[Ord. No. 223-94 § VI]
[Ord. No. 357-05, Preamble;
amended8-28-2019 by Ord. No. 571-19 ]
The Borough of West Cape May, following a referendum on the
issue, has determined that it would contract for private collection
of residential solid waste.
It has therefore become necessary to establish rules and regulations
governing the collection of residential solid waste.
[Ord. No. 357-05 § 1]
As used herein, the following words and terms shall have the
meanings set forth below:
Shall mean large discarded items, such as furniture, TV sets,
mattresses, boards and pieces of wood, but does not include tree stumps,
cast iron, metal piping, demolition or construction materials, automobiles
and automobile parts.
Shall mean the person, firm or corporation having a contract
with this Borough for the collection and removal of garbage and trash.
Shall mean all waste, both animal and mineral, which results
from the preparation of food for human consumption.
Shall mean the owner, agent, tenant, lessee, caretaker or
any other person in charge of any residential premises in the Borough.
Shall mean garbage and trash produced by residential properties.
For purposes of this section, solid waste generated by home occupations
shall be considered residential solid waste.
Shall mean and include both garbage and trash, as defined
in this section.
Shall mean all discarded materials, such as items from household
waste baskets, cleaning supplies, plastic containers, pizza boxes,
old shoes, crockery, rags, ashes, shells, lawn, grass and leaves.
Trash shall not include tree trimmings, bulk trash or recyclables.
[Ord. No. 357-05 § 2;
amended 8-28-2019 by Ord. No. 571-19]
Residential solid waste shall be collected once each week on
such days and at such hours as are specified by the Borough Commissioners.
Residential bulk trash shall be collected twice each year at
a time and hour to be specified by the Board of Commissioners.
[Ord. No. 357-05 § 3]
a.Â
All vehicles used for the collection and removal of solid waste shall
be provided with watertight containers, hydraulically or mechanically
operated, closely and entirely covered in such a manner as to prevent
leakage or dispersal of their contents. Said containers shall be kept
closed at all times except when actually being filled or emptied.
They shall be maintained in a sanitary manner and shall be washed
and disinfected between collections. Vehicles and containers shall
be maintained so as to prevent offensive odors or appearances, to
the extent possible.
b.Â
Whenever weather conditions or other causes make it impossible to
make a scheduled collection or any portion of a scheduled collection,
the contractor shall immediately report such fact to the Borough Clerk.
c.Â
Neither the contractor nor any of his agents, collectors or employees
shall pick or sort garbage or trash. The contents of containers of
garbage or trash shall be immediately transferred at the time of collection
from the premises without any unnecessary delay or exposure and without
any spilling.
d.Â
Immediately upon emptying said containers, the contractor shall,
in a careful, quiet and clean manner, return them to the location
from which he picked them up.
e.Â
The contractor shall see to it that his employees, agents and collectors
shall deport themselves in a quiet, decent and law abiding manner
and shall apply themselves diligently to the performance of the necessary
work and shall refrain from neglect or insolence or any improper conduct,
and the contractor shall discharge any employees failing in these
requirements.
f.Â
The contractor shall not sprinkle or place any disinfectant or poisonous
chemical upon any garbage or trash within the limits of this Borough.
[Ord. No. 357-05 § 4]
a.Â
Each occupant of any residential premises or mobile home lot in this
Borough shall provide suitable containers for collection of garbage
and trash. Said containers shall be made of either metal or plastic;
they shall be watertight and have close fitting covers; and they shall
be of a capacity of not less than 32 gallons.
b.Â
The contents of a container shall not weigh more than 50 pounds.
c.Â
Garbage shall be drained of all moisture and completely wrapped in
paper before being placed in said containers.
d.Â
Containers shall be placed at the curb or property line along a public
highway in such a manner as to give the contractor ready access to
the same. No collections will be made from any location which is not
right along the right-of-way of a public highway.
[Ord. No. 357-05 § 5]
a.Â
The contractor shall comply with all of the foregoing rules and regulations
and with the provisions of any other applicable ordinance, regulation
or statute.
b.Â
Each occupant shall comply with all of the foregoing rules and regulations.
c.Â
In addition to any other penalty prescribed herein for failure to
comply with the foregoing rules and regulations, the solid waste of
any occupant will not be collected unless and until the same is set
out for collection in the manner herein prescribed.
[Ord. No. 357-05 § 6]
The violation of any of the provisions of this section shall,
upon conviction, be punishable by a fine of not less than $250 nor
more than $1,000. Each 24-hour period that any violation continues
to exist shall be deemed to be a separate offense and shall be punishable
as aforesaid.
[Ord. No. 396-06 §§ 1—
5; amended 8-28-2019 by Ord. No. 571-19]
Residents are responsible for providing their own receptacles.
[Ord. No. 354-05 § I]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of West Cape May so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 354-05 § II]
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
Shall mean leaves and grass clippings.
[Ord. No. 354-05 § III]
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 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.
[Ord. No. 354-05 § IV]
The provisions of this section shall be enforced by Code Enforcement
Officer and/or the City of Cape May Police Department.
[Ord. No. 354-05 § V]
Any person found guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough.
Any person who is convicted of violating this section within
one year of the date of a previous violation of this section, and
who was fined for the previous violation, shall be sentenced to an
additional fine as a repeat offender. The additional fine shall not
exceed the maximum fine for a violation of the section, but shall
be calculated separately from the fine imposed for the violation of
the section.
[Ord. No. 442-10 § I]
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 the
containers to the municipal separate storm sewer system(s) operated
by the Borough of West Cape May and/or the waters of the State so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 442-10 § II]
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 tax 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.
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 West Cape May or other public body,
and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
Shall mean the ocean and its estuaries, all springs, streams
and bodies or surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 442-10 § III]
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.
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(s) operated by the Borough of West Cape
May.
[Ord. No. 442-10 § IV]
a.Â
Permitted temporary demolition containers.
b.Â
Litter receptacles (other than dumpsters or other bulk containers).
c.Â
Individual homeowner trash and recycling containers.
d.Â
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.Â
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 557-2018]
a.Â
License. The license applicant must indicate a site or street address
associated with the need for a temporary roll-off dumpster or container.
The license term is 30 days. The license is site specific and non-transferable.
The applicant may apply for multiple license terms at once provided
the applicant pays the fee for each additional term.
b.Â
Public Right of Way. All temporary roll-off containers or dumpsters
placed in a public right of way property are required to obtain a
license from the Borough of West Cape May. The license fee for public
right of way is $100 per term.
c.Â
Location. To the extent possible, all dumpsters, including but not
limited to roll-off dumpsters and roll-off containers, utilized for
the purpose of disposing of solid waste and recyclables as well as
construction debris, shall be located on private property rather than
on streets, highways or public property. In such cases where the only
practical location of a roll-off dumpster or a roll-off container
is on a street, highway or public property, the Code Enforcement Officer,
shall determine the location of all dumpsters and containers, whether
roll-off types (or not) so as to not impede or impair public safety.
All dumpsters shall have its wheels or skids, as the case may be,
placed on timber materials, having minimum dimensions of not less
than two inches thick by 12 inches wide by 48 inches long, in such
a manner as directed by the Code Enforcement Officer, so as to provide
protection to the surface of the street, highway or public property
upon which the dumpsters are to be placed.
d.Â
Damage to street, highway and property prohibited. No person shall
purposely, knowingly, recklessly or negligently damage any street,
highway or public property or allow damage to be caused to any street,
highway or public property by the placement of any dumpster or roll-off
container upon a street, highway or public property. It shall be no
defense to a prosecution for an offense under this section that a
permit for placement of a dumpster or roll-off container was obtained,
or that timber material had been placed under the wheels or skids
of the dumpster or roll-off container as required by this chapter,
it being the responsibility of the property owner to provide for further
protective measures to the street, highway or public property if the
timber material required by this chapter proves to be insufficient
to adequately protect the street, highway or public property from
damage by reason of the weight of the dumpster or roll-off container
or any other factor or cause.
[Ord. No. 442-10 § V; Ord. No. 557-2018]
This section shall be enforced by the Code Enforcement Officer.
[Ord. No. 442-10 § VI; Ord. No. 557-2018]
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 $1,500.
[Added 11-13-2019 by Ord. No. 573-19]
a.Â
Single-use plastic checkout or carryout bags create significant litter
problems in the neighborhoods of West Cape May and have been found
in our trees, parks, and sewer systems, and on nearby dunes, beaches
and in the Atlantic Ocean.
b.Â
The broad use of single-use plastic carryout bags and their typical
disposal is an impediment to the achievement of the environmental
goals of the Borough of West Cape May to maintain a clean community
and one that is not hazardous to wildlife.
c.Â
The production and disposal of single-use plastic carryout bags has
significant environmental impacts, including the contamination of
the environment, the depletion of our natural resources, the unnecessary
use of nonrenewable and polluting fossil fuels, and increased litter
and disposal costs.
d.Â
Of all single-use carryout bags, plastic carryout bags cause more
litter and harm to marine life.
e.Â
The reduction in the use of single-use plastic carryout bags helps
to protect the marine environment, advance solid waste reduction,
reduce greenhouse gas emissions, and keep waterways clean.
f.Â
Studies document that banning single-use plastic carryout bags will
dramatically reduce the use of plastic bags, encourage the use of
recyclable paper bags, and increase customers' use of reusable
bags.
g.Â
The Borough Commission finds that the reduction in the use of single-use
plastic carryout bags by food and retail establishments in the Borough
of West Cape May is a public benefit.
h.Â
The Borough Commission desires to reduce the number of single-use
plastic carryout bags being used in the Borough, and that are likely
to result in litter; and wishes to promote the use of reusable carryout
bags and recyclable paper bags by food and retail establishments in
the Borough.
i.Â
Accordingly, it is hereby found and declared that it will be the
public policy of the Borough of West Cape May to reduce the adverse
environmental effects of single-use plastic carryout bags and to promote
the use of reusable carryout bags in order to reduce litter, prevent
harm to wildlife and our waterways, and to protect the health and
safety of the general public.
As used in this section, the following terms shall mean:
A bag provided by a store at the point of sale for customers
to carry their goods out of the store.
A business with 10 or more locations in the state or nationally
and doing business under the same trade name or under common ownership
or control, or as franchised outlets of a parent business.
A person in control of, or having responsibility for, the
daily operation of a store, which may include, but need not be limited
to, the owner of the store.
A bag made of cloth or other machine-washable fabric that
has handles, a non-woven polypropylene bag that has handles, or a
durable polyester or polypropylene bag that has handles and is at
least 2.25 mils thick, and which is specifically designed and manufactured
for multiple reuse.
A single-use carryout bag that is made of paper.
Any carryout bag that is made of plastic and that is not
either a single-use paper carryout bag or a reusable carryout bag,
except that the term "single-use plastic carryout bag" shall not include
the following:
Any non-handled bag whether plastic or not that is intended
to separate and prevent an item from damaging or contaminating another
item.
Laundry or dry-cleaning bags;
Newspaper bags;
Bags used to contain or wrap ice, frozen foods, meat, fish,
or other items, whether prepackaged or not, to prevent or contain
moisture;
Bags provided by pharmacists to contain prescription drugs;
Small clear plastic bags of less than four inches in depth that
are commonly provided to customers by hardware stores to hold screws
and bolts and other small items;
Bags sold in packages containing multiple bags intended for
use as garbage, pet waste, or yard waste bags.
A hardware store, liquor store, drug store, convenience store,
supermarket, food service establishment, restaurant, clothing store
and other retail establishment of any kind.
Effective January 1, 2020, no operator of any store shall provide any single-use plastic carryout bag to any customer for the purpose of enabling a customer to transport products or goods out of the store. Nothing in this section shall preclude operators of stores from providing single-use paper bags to customers for a fee in accordance with Subsection 18-7.4a of this section, or from making reusable bags available for sale to customers. No operator shall preclude customers from using their own reusable carryout bags.
a.Â
Effective January 1, 2020, an operator of a store may provide a customer
with a single-use paper carryout bag, provided that the operator shall
impose and collect a fee of not less than $0.05, and not more than
the actual per bag cost incurred by the store, for each such single-use
paper carryout bag, and/or reusable carryout bag provided to the customer.
Upon the enactment of this section, and at least until enforcement
of the section begins on its effective date, the Borough Commission
and administration, in cooperation with the Environmental Commission,
shall take steps to educate the business community and the residents
of and visitors to West Cape May, along with the public at large,
regarding the provisions of this section, and the environmental benefits
to be derived therefrom, and shall encourage the residents of West
Cape May and the shoppers in its stores to use reusable carryout bags.
Any person found in violation is guilty of a noncriminal infraction
punishable by a fine not to exceed the sum of $100 for a first offense,
and $500 for each offense thereafter.
Should any portion of this section be adjudged by a court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or repeal the remainder of this section.
This section shall take effect 20 days after adoption and publication,
according to law.
