Borough of South Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Chapter 3, Police Regulations, Section 3-5, Litter Control.
[1975 Code § 3-4.1; Ord. No. 6-08]
As used in this section:
BULK
Shall mean large pieces of noncommercial lumber, large toys, large household appliances and fixtures, noncommercial yard waste such as tree trunks, tree branches and large brush.
COMMERCIAL
Shall mean businesses located in the HD Highway Development Zone; MR, the Marine-Recreational Residential Zone; or BD, Business Development Zone.
CURB
Shall mean that area where the owner's property joins with the street right-of-way.
GARBAGE
Shall mean household waste such as food waste, diapers, paper and containers.
HAZARDOUS WASTE
Shall mean all waste deemed to be chemical waste, hazardous waste or infectious waste, as defined in N.J.S.A. 7:26-1.4, and which shall include, without limitation, wastes which are flammable, corrosive or explosive or which by themselves or in combination with other waste could be hazardous to life or property.
RECYCLABLE MATERIAL
Shall mean any material considered recyclable and so promulgated by ordinance of the Mayor and Council.
TRASH
Shall mean small pieces of noncommercial lumber, small toys, small household appliances, and noncommercial yard waste such as grass clippings, weeds, leaves, pine needles and small brush.
[1975 Code § 3-4.2]
Routes and times of collection shall be promulgated by Resolution of the Mayor and Council.
[1975 Code § 3-4.3; Ord. No. 11-95; Ord. No. 7-00; Ord. No. 10-01]
a. 
Placement. Garbage containers, recyclable material, and/or bulk items shall be placed at the curb in accordance with the procedure set by Resolution and not earlier than 6:00 p.m. on the day preceding the scheduled collection and not later than 6:00 a.m. on the day of collection.
b. 
Removal. Garbage containers and trash not picked up during the scheduled collection shall be removed from the curb not later than 7:00 p.m. on the day of collection.
c. 
Storage. At all times other than between 6:00 p.m. on the day preceding the scheduled collection and 7:00 p.m. on the day of collection, all garbage containers, recyclable material and/or bulk items, shall be neatly stored to the side or rear of a home or other structure in such a manner so as not to be visible from the roadway and so as not to constitute a nuisance.
d. 
Number of Containers Permitted for each Single or Two-family Residence.
1. 
Garbage and Trash. No more than three specialized trash cans.
2. 
Recyclable Items. No more than five approved trash receptacles.
3. 
Bulk Items. As established by Resolution in the annual pickup schedule.
e. 
Clean-up. Every homeowner, lessee, tenant, licensee or other occupant of a home or other structure shall within a reasonable time, clean up any spillings of garbage caused by any reason and shall reasonably keep his front yard and the adjoining street and curb reasonably clean and free from any garbage or trash at all times except between 6:00 p.m. on the day preceding the scheduled collection and 7:00 p.m. on the day of collection.
f. 
All residents who avail themselves of the municipal refuse and recycling collection provided by the Borough shall be required to adhere to the collection schedule adopted by the Borough Council. Any resident who allows his refuse, recyclables or containers designated for the same to remain at the curbside in violation of paragraphs a and b above shall be subject to the following fines:
1. 
First Offense: Written warning from either the Department of Public Works, the collecting authority, or the Code Enforcement Official.
2. 
Second Offense: $10 fine payable without the necessity of a Court appearance.
3. 
Third Offense: $25 fine payable without the necessity of a Court appearance.
4. 
Fourth Offense: Mandatory Court appearance; fine to be set by the Municipal Judge.
[1975 Code § 3-4.4; Ord. No. 7-96 § 1; Ord. No. 6-06; Ord. No. 1-12]
a. 
Garbage Containers.
1. 
Garbage and trash cans shall be the specialized cans as provided by the Borough of South Toms River for use with the mechanized trash pickup vehicle. They shall be maintained in a good condition so as not to have any ragged or sharp edges or other defect which might hamper the proper operation of the trash collection system. Each garbage and trash can shall not contain such a quantity of refuse that the lid will not properly close. Replacement cans shall be available for purchase by residents or property owners at a cost of $70 per can and replacement wheel mechanisms shall be available for purchase at a cost of $16 per can.
2. 
Recycling cans, when not utilizing the mechanized trash pickup vehicle as designated by Resolution in the annual pickup schedule, shall not have a capacity in excess of 50 gallons. Their diameter at the top shall be equal to or exceed their diameter at the bottom. They can be made of metal or plastic, but shall be maintained in good condition so as not to have any ragged or sharp edges or any other defect which might hamper or injure the collector and so as not to spill any of their contents. Each can shall have proper handles. No can shall weigh more than 50 pounds when full and 25 pounds when empty.
3. 
Plastic bags. Plastic bags may only be used for certain recyclable and bulk items as established by Resolution in the annual pickup schedule. No garbage and trash will be picked up in any plastic bag that is not properly placed inside of a garbage and trash can as noted in the preceding paragraph a, 1 of this subsection. When allowed, these bags shall not have a capacity in excess of 40 gallons. They shall not be less than two mm. thick. They shall not be loaded beyond the weight for which they are designed and shall be securely sealed or tied, except as provided by ordinance.
b. 
Bundling of Bulk Items.
1. 
Any noncommercial lumber, toys, furniture, household appliances and fixtures that does not fit inside of a properly closing garbage and/or trash can or any branches or brush not less than four feet nor more than 10 feet in length need not be bundled, but must be placed at the curb in a neat manner with the cut end facing the street.
2. 
Any other Bulk Item shall be securely bound in bundles or packages not exceeding four feet in length and two feet in diameter. Each bundle or package shall not weigh more than 50 pounds.
c. 
Refusal to Collect. The collector is hereby authorized to refuse collection of any garbage can, plastic bag or trash which does not conform to the requirements of this section.
[1975 Code § 3-4.5]
There will be no collection of trash from commercial establishments by the Borough collector. It shall be the responsibility of the owner or operator of a commercial establishment to arrange and pay for its collection through a private contractor.
[1975 Code § 3-46; Ord. No. 3-93; Ord. No. 3-94]
a. 
There will be no collection of trash resulting from the construction, demolition, renovation, alteration, addition, or repair of a dwelling or other structure, by a builder, contractor, owner, or any other person in control of and/or responsible for the creation of such trash, refuse, debris or any other unwanted byproduct of an existing or formerly-existing dwelling or structure. It shall be the responsibility of the builder, contractor, owner or any other person responsible for, or in possession of, the construction trash as defined herein to arrange and pay for the collection of such trash through a private contractor. Municipal trash collection, either through the Borough Department of Public Works, or private contractors retained by the Borough will not accept for collection any of the refuse as defined herein.
b. 
Prior to the issuance of any permit necessary for the construction, erection, altering, repairing, restoring, re-rooting, re-siding, moving or demolishing of any building or structure or the construction, installation or alteration of any swimming pools, signs and/or landscaping, pursuant to Chapter 12, Building and Housing of the Revised General Ordinances of the Borough of South Toms River, the owner, contractor, subcontractor or their agents or employees shall produce a paid receipt from a person, firm or corporation permitted to engage in the business of solid waste collection pursuant to the "Solid Waste Utility Control Act of 1970" (N.J.S.A. 40A:13A-1 et seq.), for the collection, transportation and removal from the site of any litter, garbage, refuse or rubbish or such other construction debris as will be generated pursuant to the permit being sought, and no such permit shall be issued in the absence thereof.
[1975 Code § 3-4.7]
It shall be unlawful for any person to knowingly dispose of or attempt to dispose of hazardous waste by placing the same in a container or bundle for collection by the Borough collector.
[1975 Code § 3-4.8]
It shall be unlawful for any person to knowingly dispose of or attempt to dispose of recyclable material by placing the same in a container or bundle for collection by the Borough collector.
[1]
Editor's Note: See Section 16-2 Recycling.
[1975 Code § 3-4.9; New]
Any person who shall violate any provision of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 3-4.10]
This section shall be enforced by the Code Enforcement Officer, the Police Department and any other duly designated and authorized officers and employees of the Borough of South Toms River.
[1975 Code § 16-1]
This section shall be known and may be cited as the Recycling Regulations of the Borough of South Toms River.
[1975 Code § 16-2; Ord. No. 11-92]
As used in this section:
ALUMINUM CANS
Shall mean empty all-aluminum beverage and food containers.
COMMERCIAL ESTABLISHMENTS
Shall mean those properties used primarily for commercial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
FERROUS CONTAINERS
Shall mean empty steel or tin food or beverage containers.
GLASS CONTAINERS
Shall mean bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENTS
Shall mean those establishments that house or serve groups of people, including but not limited to, schools, libraries, and governmental offices.
MIXED PAPER
Shall include any household paper of common variety including magazines, catalogs, office paper, writing paper, computer paper, junk mail, envelopes (with or without cellophane windows). "Mixed Paper" specifically excludes telephone books, any paper with carbon, brown grocery bags, waxed or coated papers, chipboard such as gift boxes, pizza boxes, cereal boxes and food adulterated paper.
NEWSPAPERS
Shall mean paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
PERSON
Shall mean every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Borough of South Toms River.
RECYCLABLE MATERIALS
Shall mean those materials which would otherwise become municipal solid waste, and which may be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Shall mean any occupied single or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
RESIDENTIAL CARDBOARD
Shall mean any commonly used cardboard for packaging or display purposes, or otherwise, which is routinely found in the stream of residential waste products.
SOLID WASTE
Shall mean garbage, refuse, and other discarded solid waste normally collected by a municipal or private hauler.
[1975 Code § 16-3; Ord. No. 16-92 § 2]
There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the Borough of South Toms River:
a. 
Aluminum cans;
b. 
Ferrous containers;
c. 
Glass containers;
d. 
Newspapers;
e. 
Mixed paper;
f. 
Residential cardboard.
[Ord. No. 11-88 § 4; Ord. No. 11-95 § 1; Ord. No. 8-10]
a. 
The recyclable materials designated in subsection 16-2.3, including newspapers, shall be subject to "single stream recycling" and shall be commingled in a suitable container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the Borough's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or other designated area for each collection.
b. 
All residents who shall avail themselves of the municipal refuse and recycling collection provided by the Borough of South Toms River shall be required to adhere to the collection schedule adopted by the Borough Council. Any resident who allows his refuse, recyclables or containers designated for the same to remain at the curbside in violation of paragraph a of this subsection shall be subject to the following fines:
1. 
First offense: $100 fine;
2. 
Second and subsequent offenses: As set by the Municipal Court up to a $500 fine.
[1975 Code § 16-5]
All persons within the Borough shall, for the period from September 1 through December 31 of each year, separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the Borough's recycling regulations.
[1975 Code § 16-6]
Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough in its recycling regulations. These materials may either be delivered to the individual's or organization's site or they may be placed at the curb for collection by the individual or organization on days not designated as recyclable material collection days in the Borough's recycling regulations. Individuals or organizations may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to June 1 of each year, provide written documentation to the Borough of the total amount of material recycled during the preceding calendar year.
[1975 Code § 16-7]
It shall be a violation of this section for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the Borough any of the recyclable materials designated in subsection 16-1.3. Each collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[1975 Code § 16-8]
The Borough is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in subsection 16-1.3 and such other matters as are required to implement this section. Such regulations shall take effect only upon the approval of the Borough Council by adoption of a resolution implementing the same. The Borough shall enforce the provisions of this section and any implementing regulations adopted hereunder.
[Ord. No. 11-88 § 9; Ord. No. 15-14]
a. 
Any person, firm or corporation violating the provisions of subsection 16-1.6 of this chapter shall be subject to a fine of not less than $100 nor more than $1,000 for each offense.
b. 
Any person, firm or corporation violating any provision of this chapter other than Section 16-6, or any regulations adopted hereunder, shall be subject to a fine of not less than $105 nor more than $500 for each offense.
c. 
Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate offense.
[1975 Code § 16-10; Ord. No. 1-94 § 1]
The Borough Council may exempt persons occupying commercial and institutional establishments from the source separation requirements of subsection 16-2.4 if those persons have otherwise provided for the recycling of recyclable materials designated in subsection 16-2.3. To be eligible for an exemption under this section, the person seeking the same shall, prior to January 31st of each year, provide written documentation to the Borough for the total amount of materials recycled during the preceding calendar year.
[Ord. No. 2-2006 § I]
The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of South Toms River.
[Ord. No. 2-2006 § II]
As used in this section:
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other such 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 street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. No. 2-2006 § III]
The owner or occupant of any property, or any employee or contractor of the owner or occupant who is engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or this party shall be deemed in violation of this section.
[Ord. No. 2-2006 § IV]
The provisions of this section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of South Toms River.
[Ord. No. 2-2006 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.