Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 10-96 § 1; Ord. No. 6-97 § 1; Ord. No. 07-08]
As used in this chapter:
APARTMENT
Shall mean a property classified as such on the tax list of the Borough of Jamesburg.
ASHES
Shall mean cinders, clinkers, partly burned fuel, and the residue from the combustion of wood, coal, coke, or any other material ordinarily burned for household, domestic, or heating purposes.
BUILDING MATERIALS
Shall mean concrete, cement, plaster, earth, stone, sand, and aggregate, muck, wood, soil, block, drywall material, or any other material common to the building trades which are accumulated solely from excavating or from construction, building, or repairing any structure.
CHARITABLE PROPERTY
Shall mean a property classified as such on the tax list of the Borough of Jamesburg.
COMMERCIAL
Shall be understood to mean a property classified as such on the tax list of the Borough of Jamesburg.
ENFORCEMENT OFFICER
Shall mean either: (1) the Borough Zoning Officer; or (2) the Supervisor of the Public Works Department of the Borough, or in the absence of such an official, the foreman of the Public Works Department.
GARBAGE
Shall mean waste material in the process of or subject to decomposition or decay incident to ordinary domestic business use or purpose, including, among other things, kitchen waste, animal or vegetable matter which has been used or was intended to be used for man or beast, condemned food, offal and decaying and decomposing substances. Sewage of any kind or similar matter is specifically excluded.
INDUSTRIAL
Shall mean a property classified as such in the tax list of the Borough of Jamesburg.
PUBLIC PROPERTY
Shall mean a property classified as such on the tax list of the Borough of Jamesburg.
RECYCLABLES
Shall mean the following: aluminum cans, glass, newspapers, cardboard, corrugated cardboard, high grade office paper, vegetative waste, brush, mixed paper, plastic container, steel cans, textiles, and waste oil.
REFUSE
Shall mean a collective term which includes garbage, ashes, rubbish, and building materials.
RESIDENTIAL
Shall mean a property classified as such on the tax list of the Borough of Jamesburg.
RUBBISH
Shall mean waste substances, other than garbage, ashes, industrial waste and building materials. Rubbish specifically includes such articles as wood shavings, rags, broken glass, bed springs, mattresses, straw, excelsior, crockery, non-metal furniture from homes or offices, excluding metal appliances, or metal furniture from homes or offices.
TOWNHOUSE
Shall mean a property classified as such on the tax list of the Borough.
VACANT
Shall mean a property classified as such on the tax list of the Borough.
[Ord. No. 10-96 § 2; Ord. No. 6-97 § 1]
All refuse accumulated in the Borough shall be collected, conveyed, and disposed of by the Borough. No person shall collect, convey over any of the streets or alleys of the Borough, or dispose of, any refuse accumulated in the Borough.
[Ord. No. 10-96 § 3; Ord. No. 6-97 § 1]
All refuse accumulated in the Borough shall be collected, conveyed and disposed of by the Borough under the supervision of the Enforcement Officer. The Enforcement Officer shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary and to change and modify the same after notice as required by law, provided that such regulations shall not be contrary to the provision hereof.
[Ord. No. 10-96 § 4; Ord. No. 6-97 § 2]
All refuse to be collected shall be prepared in the following manner:
a. 
Garbage. All garbage shall be thoroughly drained of all water, contained securely in a plastic bag and placed at the curb. If so desired, the plastic bags may be placed in a proper receptacle and the receptacle placed at the curb.
b. 
Rubbish. All rubbish shall be securely contained in a plastic bag and placed at the curb. If desired, the plastic bag may be placed in a proper receptacle and the receptacle placed at the curb.
c. 
Building Materials. All waste building materials resulting from minor repair projects shall be bundled and/or placed in a proper receptacle. Waste building materials resulting from major projects requiring a building permit or demolition permit will not be collected by the Borough.
d. 
Furniture Items and Appliances. Small non-metal household or office furniture items and appliances shall be bundled and placed in or alongside a proper receptacle, as appropriate, for collection. Large or metal household or office furniture items and appliances shall not be collected by the Borough as part of regular refuse pick-up. These items shall be collected in accordance with a procedure as established by the Borough under the supervision of the Enforcement Officer.
Failure to comply with the above requirements may result in non-collection of improperly prepared refuse.
[Ord. No. 10-96 § 5; Ord. No. 6-97 § 3]
a. 
Type of Containers Required; Maintenance of Containers. If used, types of containers are required to be suitable receptacles for receiving and holding refuse for collection. "Suitable" is defined to be a plastic receptable of a substantial nature. Receptacles shall be waterproof and may not exceed 33 gallons in capacity and, when filled, shall not exceed 50 pounds in weight. All receptacles will be equipped with handles and maintained in good condition. To preclude injury to collection personnel, defective containers shall not be used, and are required to be replaced upon notification.
b. 
Limitation on Number of Containers and Quantity of Materials to be Collected. There shall be a limit on the number of containers and quantity of materials subject to refuse collection in the Borough as follows:
1. 
Residential, Townhouse and Apartment Units. While there is no limit to the number of containers, all refuse shall be bagged for easy disposal and no container or bag shall exceed 50 pounds in weight.
2. 
Commercial and Industrial Units. Each commercial and industrial unit shall be limited to not more than five cubic yards of refuse from any parcel per collection.
3. 
Public and charitable properties shall be limited to not more than five cubic yards of refuse from any parcel per collection.
4. 
Small Non-Metal Furniture Items and Appliances. There shall be a limit on the number of small nonmetal household or office furniture items and appliances in the amount of one item per unit per pick-up. This amount shall be in addition to the refuse container limits prescribed above.
5. 
All refuse put out for collection shall be refuse that has been generated within the Borough of Jamesburg. Refuse shall not be brought in from outside Borough boundaries.
[Ord. No. 10-96 § 5; Ord. No. 6-97 § 3]
a. 
Public Places. No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the Borough except in proper containers for collection or under express approval granted by the Enforcement Officer, nor shall any person throw or deposit any refuse in any stream or other body of water.
No person shall trespass upon any public place designated for the disposal of trash or garbage, nor set fire in, upon or near such premises at any time for any purpose whatsoever.
b. 
Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises shall be declared to be a nuisance and prohibited. Failure to remove any existing accumulation of refuse within 30 days after notification by the Enforcement Officer shall be deemed a violation of this section.
c. 
Scattering of Refuse. No person shall cast, place or sweep or deposit anywhere in the Borough, any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the Borough.
[Ord. No. 10-96 § 6; Ord. No. 6-97 § 3]
Refuse containers shall be placed for collection at curbside or, where there is no curb, at the front of the property line within five feet from the side of the street or alley from which such collection shall be made. Any other points of collection must first be approved by the Enforcement Officer before refuse will be removed.
[Ord. No. 10-96 § 7; Ord. No. 6-97 § 4]
a. 
Time of Collection. Refuse containers shall be placed for collection no earlier than 5:00 p.m. on the night preceding the regular collection day, or in the event of a legally advertised notice of change of pick-up schedule, 5:00 p.m. on the night preceding the special collection day, and no later than 7:00 a.m. on the regular or special collection day. The person or persons who have placed refuse containers for collection shall, before midnight on the day the contents of such containers have been collected, remove such container or containers from the front of the property. The front of the property shall include any portion of the premises between the curb and road line and the building and buildings upon such premises.
b. 
Frequency.
1. 
Residential Properties. Refuse accumulated by residences shall be collected at least once each week.
2. 
Commercial and Industrial Properties. All owners, agencies, lessees, tenants or occupants of commercial and industrial properties may enter into an agreement for a more frequent collection. Where necessary to protect the public health, the Enforcement Officer shall have the authority to require that more frequent collections be made.
[Ord. No. 10-96 § 8; Ord. No. 6-97 § 4]
a. 
Contagious Disease Refuse. The removal of warring, bedding or other refuse from home or other places where highly contagious diseases have prevailed should be performed under the supervision and direction of the Enforcement Officer. Such refuse shall not be placed in containers for regular collections.
b. 
Inflammable or Explosive Refuse. Highly flammable or explosive material shall not be placed in containers for regular collection but shall be disposed of as directed by the Enforcement Officer at the expense of the owner or possessor thereof.
c. 
Building Materials From a Major Project. Building materials resulting from a major project which was or should have been issued a building permit or demolition permit by the Construction Code Official as required by the Borough Zoning Ordinance or other Borough regulations, shall not be placed in containers for regular collection but shall be disposed of as directed by the Enforcement Officer at the expense of the owner or possessor thereof.
d. 
Recyclables. Materials designated as recyclables shall not be placed in containers for regular collection but shall be disposed of in accordance with a procedure for collection of recyclables as established by the Borough under the supervision of the Enforcement Officer.
e. 
Large or Metal Furniture and Appliances. Large or metal household or office furniture items and appliances shall not be collected by the Borough as part of regular refuse pick-up. These items shall be collected in accordance with a procedure as established by the Borough under the supervision of the Enforcement Officer.
[Ord. No. 10-96 § 9; Ord. No. 6-97 § 4]
a. 
Disposal. Disposal of refuse by persons so permitted under the provisions of this section shall be made outside the Borough limits, unless otherwise specifically authorized by the Enforcement Officer. The Enforcement Officer shall have the authority to permit the disposal of such material on the Borough dump.
b. 
Rules and Regulations. The Enforcement Officer shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse of Borough streets by outside collectors as he shall find necessary, subject to the right of appeal as set forth in subsection 13-7.11.
[Ord. No. 10-96 § 10; Ord. No. 6-97 § 4]
Any person aggrieved by a regulation established by the Enforcement Officer or any other determination made by the Enforcement Officer, not including the issuance of a summons, shall have the right of appeal to the Borough Council, who shall have the authority to confirm, modify or revoke such regulation or determination. Appeal shall be made in writing served personally upon the Borough Clerk. The Borough Council shall conduct a hearing and render a decision within 20 days after service of notice of appeal as aforesaid.
[Ord. No. 10-96 § 11; Ord. No. 6-97 § 4]
It shall be the duty of the Enforcement Officer to enforce the provisions of this chapter, which shall include the authority to issue a summons to anyone violating the requirements set forth herein.
[Ord. No. 10-96 § 12; Ord. No. 6-97 § 5]
The orderly and proper collection of refuse is a matter of serious and vital concern to the Borough because of the effect that such orderly and proper collection may have upon the health, safety, and welfare of Borough residents. As such, any person, entity, or its representatives who shall violate any of the provisions of this chapter, is in receipt of a summons from the Enforcement Officer, and does not wish to contest the summons, shall pay a fee in accordance with the following schedule:
1st Offense:
$25 fine + $25 Court Costs
2nd Offense:
$50 fine + $25 Court Costs
3rd Offense:
$100 fine + $25 Court Costs
4th or subsequent offense:
MANDATORY COURT APPEARANCE
Also as such, any person, entity or its representatives who shall violate any of the provisions of this chapter having received a summons from the Enforcement Officer that requires a court appearance, or wishes to contest said summons, shall upon being convicted thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. Each specific violation shall constitute a separate offense, and each day that a violation occurs, or is committed shall constitute a separate offense.
[1]
Editor's Note: See also Section 13-4, Yard Waste Collection and Disposal Program.
[Ord. No. 5-95 § 3-7A.1; Ord. No. 14-07]
All generators of solid waste within the Borough shall source separate from all other solid waste, the designated recyclable materials listed in subsection 13-2.2. The Borough Council shall further establish, and promulgate, regulations for the waste generator to deliver to curbside, or to convenient recyclable centers, the properly prepared and bundled designated recyclable materials.
As of December 1, 2007, the following additional recyclables are mandatory source separated items:
a. 
For residential (including multi-family), commercial, industrial and institutional, governments and office parks:
1. 
Masonry/paving material; asphalt, block, cinder and concrete.
2. 
Rechargeable batteries; Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-ion) and Small Sealed Lead (Pb).
3. 
Tires: rubber-based scrap automotive, truck, and equipment tires.
4. 
White goods; washers, dryers, ranges, refrigerators, air conditioners. Note: all devices that contain chlorofluorocarbons (CFC's)/refrigerants must be properly evacuated by licensed individuals and all CFC's recovered must be sent to an EPA approved reclaimer.
b. 
For all commercial, industrial and institutional, governments, and office parks:
1. 
Electronics, televisions, CPU's, monitors, laptops, and mercury containing devices.
2. 
Fluorescent bulbs: lamps that contain mercury.
3. 
Plastic film: stretch/shrink wrap, plastic shopping bags - only for warehouses, retail establishments, and supermarkets with 25 or more employees.
4. 
Wood scrap: unfinished lumber from new construction projects including pallets. Unfinished shall mean non-chemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition) - only for new construction sites.
[Ord. No. 6-88; Ord. No. 5-95 § 3-7A.2; Ord. No. 14-07]
For the purposes of this section, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
ALUMINUM CANS
Shall mean a can or container composed of aluminum, which contained a beverage for human consumption.
BRUSH
Shall mean branches, woody plants, and other like vegetative materials that do not exceed five inches in diameter and Christmas trees.
CORRUGATED CARDBOARD
Shall mean heavy paper product with alternative ridges and grooves for use in packing materials and boxes.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those recyclable materials listed in this subsection, which are mandatorily source separated and collected or delivered for recycling.
GLASS
Shall mean bottle or jar, composed of glass which contained food or beverage intended for human consumption.
HIGH GRADE OFFICE PAPER
Shall mean computer papers or white ledger paper.
MIXED PAPER
Shall mean papers that include, but are not limited to glossy newspaper inserts, magazines, telephone books, junk mail, colored paper, computer paper, office paper, paperboard (chipboard and pressboard), nonmetallic wrapping paper, soft cover books, hard cover books with covers removed and fine paper.
NEWSPAPERS
Shall mean unsoiled 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 are magazines, and other periodicals, as well as all other paper products of any nature whatsoever.
PLASTIC CONTAINERS
Shall mean carbonated beverage bottles made of PETE (SPI Code #1) and milk, water, and laundry product bottles made of HDPE (SPI Code #2).
RECYCLABLE MATERIALS
Shall mean those materials, including metal, glass, paper or plastic containers, food waste, corrugated cardboard, newspaper, magazines, or high grade office paper which would otherwise become municipal waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
STEEL
Shall mean a can or container composed of steel, tinplate, bi-metal, or other ferrous material which contained a food or beverage intended for human or animal consumption.
USED MOTOR OIL
Shall mean a petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
VEGETATIVE WASTE
Shall mean Type 23 waste materials from farms, plant nurseries, and greenhouses, that are produced from the raising of plants to include crop residues such as plant stalks, leaves and tree wastes processed through a wood chipper. This does not include trees, branches, tree stumps, shrubs, brush, or landscape trimmings classified as bulky, (Type 13) or municipal (Type 10) waste.
[Ord. No. 5-95 § 3-7A.5; Ord. No. 14-07]
From the time of placement at the curb, in conformance with a Borough program of curbside collection and delivery to a recycling center, designated recyclable materials shall become and be, the property of the Borough and it shall be a violation of this section for any person, firm, or corporation, not otherwise authorized by the Borough, to tamper with, remove or convert to its own use any such material.
Nothing in this section, shall be deemed to prohibit any waste generator from disposal of designated recyclable materials privately through sale or gift, except such dispositions of designated recyclable materials must be reasonably expected to result in recycling of the designated recyclable material.
[Ord. No. 6-88; Ord. No. 5-95 § 3-7A.5; Ord. No. 14-07]
Regulations governing preparation, bundling, delivery and/or collection of designated recyclable materials shall be promulgated by resolution of the Borough, with public notice of the regulations to be provided in accordance with the provisions of such resolutions. Such public notice shall, at a minimum satisfy the notification requirements of the New Jersey Statewide Mandatory Source Separation and Recycling Act.
At the time of issuance of any building permit, the building code official will provide written instruction on proper disposal and recycling of construction and demolition waste and furnish a Notification of Construction/Demolition Activity Form that must be filled out by the permittee and faxed to the Middlesex County Division of Solid Waste Management (MCDSWM) within 48 hours of the issuance of a municipal permit.
[Ord. No. 14-07]
a. 
Any application to the Land Use Board of the Borough of Jamesburg, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,200 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following: (1) A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and; (2) Locations documented on the applications 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. 
Prior to the issuance of a certificate of occupancy by the municipality of Jamesburg, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of the duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
c. 
Provision shall be made for the indoor, or enclosed outdoor storage and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. No. 6-88; Ord. No. 5-95 § 3-7A.7]
a. 
The principal purpose of this section is to secure compliance with its terms and to ensure recycling of designated recyclable materials within the Borough. Accordingly, first and second violations of this section shall result in the issuance of a warning, in lieu of summons. A record shall be made of each warning in lieu of summons and a third and subsequent violation shall result in the issuance of a summons, requiring appearance in Court, prosecution for the alleged violation and minimum or greater penalties, in accordance with the penalty provisions of this section.
b. 
Where designated recyclable material is found in the common containers utilized for solid waste collection from garden apartments, mobile home parks, incorporated homeowners' of condominium properties, the association shall be presumed responsible and will be cited for the violation of this section in the alternative if the individual homeowner, lessee or occupant generator of the designated recyclable material cannot be identified and cited for the violation.
[Ord. No. 6-88; Ord. No. 5-95 § 3-7A.8; Ord. No. 14-07]
The Borough shall be responsible for the development and implementation of a public education/awareness campaign in connection with the recycling program, in accordance with guidelines established by the Middlesex County Improvement Authority. The program will, at a minimum, describe schedules and locations for collection for Borough residents and any other information about the program that is specific to the Borough.
[Ord. No. 6-88; Ord. No. 5-95 § 3-7A.9; New; Ord. No. 14-07]
Any person violating any of the provisions of this section, shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 23-95 § A]
All haulers and volunteer groups which are involved with recycling and operating within the Borough shall register with the recycling coordinator on a yearly basis in accordance with the rules and regulations promulgated by the recycling regulations.
[Ord. No. 23-95 § B]
a. 
All persons or other entities which are required to register with the Recycling Coordinator shall provide the Recycling Coordinator with such information concerning materials and quantities recycled as may be required by the Recycling Coordinator. The reporting of information shall be in accordance with the rules and regulations.
b. 
All haulers, scavengers, and volunteer groups involved in recycling within the Borough and all multi-family dwelling units, industrial and commercial establishments shall file quarterly reports with the Recycling Coordinator. The reports shall include the following information:
1. 
Name and address of hauler, scavenger, or volunteer group.
2. 
The item or items recycled, i.e., newspaper, corrugated cardboard, concrete, asphalt or wood.
3. 
The quantity expressed in pounds or each item recycled.
4. 
The name of the recycling center accepting the items.
c. 
The reports shall be filed as follows:
1. 
By April 21, for the quarter ending March 31.
2. 
By July 21, for the quarter ending June 30.
3. 
By October 21, for the quarter ending September 30.
4. 
By January 21, for the quarter ending December 31.
[Ord. No. 06-05 § I]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Jamesburg, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 06-05 § 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 use 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 leaves.
[Ord. No. 06-05 § 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 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. 06-05 § IV]
The provisions of this section shall be enforced by the Police Department, Department of Public Works or the Zoning Officer of the Borough of Jamesburg.
[Ord. No. 06-05 § V]
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 $100.