[1975 Code § 3-4.1; Ord. No. 6-08]
As used in this section:
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.
Shall mean businesses located in the HD Highway Development
Zone; MR, the Marine-Recreational Residential Zone; or BD, Business
Development Zone.
Shall mean that area where the owner's property joins with
the street right-of-way.
Shall mean household waste such as food waste, diapers, paper
and containers.
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.
Shall mean any material considered recyclable and so promulgated
by ordinance of the Mayor and Council.
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.
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 lease
by residents or property owners at a cost of $90 per can and replacement
wheel mechanisms shall be available for purchase at a cost of $20
per can.
[Amended 8-22-2022 by Ord. No. 2022-5]
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.
[1975 Code § 3-4.9; New]
[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:
Shall mean empty all-aluminum beverage and food containers.
Shall mean those properties used primarily for commercial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
Shall mean empty steel or tin food or beverage 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.
Shall mean those establishments that house or serve groups
of people, including but not limited to, schools, libraries, and governmental
offices.
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.
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.
Shall mean every owner, lessee and occupant of a residence,
commercial or institutional establishment within the boundaries of
the Borough of South Toms River.
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.
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.
Shall mean any commonly used cardboard for packaging or display
purposes, or otherwise, which is routinely found in the stream of
residential waste products.
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:
[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:
[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:
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.
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 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. 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.
