[HISTORY: Adopted by the Township Committee
of the Township of Oxford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-24-1980 by Ord. No. 80-10;
amended in its entirety 10-21-1993 by Ord. No. 93-11 (Ch. 57 of the 1974
Township Code)]
This article shall be known as the "Rubbish
Ordinance of the Township of Oxford."
A.
Word usage. When not inconsistent with the context,
words used in the present tense include the future; words in the plural
number include the singular number; and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
B.
COMMERCIAL AND INDUSTRIAL WASTES
GARBAGE
PERSON
REFUSE or RUBBISH
Definitions. For the purposes of this article, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
The by-products of building contractors or demolition contractors
engaged in the business of the repair and construction of homes or
other buildings or structures; by-products or waste of any manufacturing
plant; all items traded in as merchandise from commercial retailers
and repair services; and automobiles and vehicles or parts thereof.
All refuse, entrails and waste of animals and fish and all
vegetable matter which has been or was intended to be used as food;
all clam, oyster, crab and lobster shells; and all other material
so specified by the State of New Jersey.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All solid wastes, consisting of both combustibles and noncombustibles,
such as paper, wrappings, cardboard, tin cans, yard clippings, leaves,
wood, glass, rags, waste wood or cardboard and other combustible waste
solids of a nonvolatile or nonexplosive nature, bedding, crockery
and similar materials, street cleanings, ashes and dead animals, except
commercial and industrial wastes, as defined herein.
[Amended 5-4-2011 by Ord. No. 2011-03]
A.
General collection. Garbage and refuse, except commercial and industrial wastes, as defined herein, and except items described in § 280-11 and materials from sources described in § 280-12, accumulated in the Township shall be collected, conveyed and disposed of by the Township or its duly authorized contractor for such purposes (hereinafter collectively referred to as the "collector"), in strict compliance with the provisions of this article and any other applicable law, rule, regulation, contract or ordinance.
B.
Business establishments.
(1)
The Township will collect reasonable amounts of garbage and refuse or rubbish from sales and service business establishments located in the Township; provided, however, that no material defined herein as commercial and industrial wastes and no material described in § 280-11 or 280-12 shall be collected from such establishments, and further provided that all regulations contained in this article are complied with.
(2)
The sanitation truck driver may make a determination
that the amount of garbage, refuse or rubbish to be disposed of from
any business establishment is unreasonable. In the event such a determination
is made by the sanitation truck driver, written notice thereof shall
be mailed to the owner or operator of the business establishment by
certified mail, return receipt requested, which notice shall contain
a notification that the Township will cease collecting garbage, refuse
and rubbish from the establishment no less than 30 days after the
date of the notice. The owner or operator of the business establishment
may appeal the sanitation truck driver's determination to the Township
Committee by filing a written notice of appeal no later than 15 days
after the date of notice of termination of service. The decision of
the Township Committee following a hearing on the appeal shall be
final.
C.
Fees. Each
occupant, which term shall not include churches, Oxford public school,
Oxford Fire Department or Oxford Emergency Squad as that term is defined
herein, from whom garbage, refuse or rubbish is collected by the Township
of Oxford shall pay to the Township the following sums for solid waste
removal:
(1)
The
annual range for fees for solid waste collection for both residential
and commercial (per dumpster/per occurrence) shall be $200 to $500.
The specific fee for residential and commercial users shall be established
annually by resolution of the Mayor and Committee.
[Amended 4-6-2022 by Ord. No. 2022-06]
D.
Payment.
Quarterly payments shall be due on the first day of each quarter:
January 1, April 1, July 1 and October 1 of each year.
[Amended 6-1-2011 by Ord. No. 2011-07]
E.
Costs as
lien on property. Each garbage fee as provided herein shall be a first
lien or charge against the property billed for the services rendered.
Any part of the amount due and payable interest shall accrue at a
rate of interest equivalent to that established for delinquent sewer
fees pursuant to provided by N.J.S.A. 40A:26A-12. Liens levied in
accordance with this section shall be enforceable in the manner provided
for real property tax liens in Section 5 of Title 54 of the Revised
Statutes.
F.
Actions
at law. Notwithstanding the remedies available under the preceding
section of this article, the Township may elect to maintain the actions
at law to recover any monies due to the Township under this article.
In the event that the Township is forced to maintain an action at
law to recover said monies, then the property owner, upon successful
outcome of the litigation by the Township, shall also be responsible
to the Township for any costs of suit, as well as reasonable attorney's
fees and the interest set forth herein.
This article shall not prohibit the actual producers
of refuse or the owners of premises upon which refuse has accumulated
from personally collecting, conveying and disposing of such refuse
or from contracting with rubbish contractors, provided that such producers
or owners comply with the provisions of this article and with any
other applicable law, rule, regulation or ordinance.
The pickup location shall be approved by the
Township Committee and in cooperation with any rubbish contractor.
The pickup location shall be at the roadside adjacent to the property
being serviced. No persons, party, firm or corporation not having
property within the Township of Oxford shall deposit, cast or place
rubbish at a pickup location within the Township.
Garbage and refuse accumulated in the Township
shall be collected, conveyed and disposed of by the collector under
the supervision of the Township Committee. The Township Committee
shall have the authority to make necessary and reasonable rules and
regulations concerning the days and time of collection, type and location
of waste containers and such other matters pertaining to the collection,
conveyance and disposal of refuse and other materials as it shall
find necessary in the public interest.
Garbage and refuse shall be placed in proper
containers in accordance with the provisions hereof.
A.
All garbage, before being placed in the container
for collection, shall have drained from it all free liquids or must
be securely wrapped in paper.
B.
All rubbish shall be drained of excessive liquid before
being deposited in the container for collection.
C.
Tree trimmings, hedge clippings and similar material
need not be placed in a container but may be cut into lengths not
to exceed five feet and securely tied in bundles before being deposited
for collection.
D.
It is the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep, and cause to be kept,
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, areaways,
backyards, courts and alleys free of litter.
E.
No person will be permitted to sweep into or deposit
in any gutter, street, catch basin or other public place any accumulation
of litter from any public or private sidewalk or driveway. Every person
who owns or occupies property must keep the sidewalk in front of his
or her premises free of litter. All litter sweepings must be collected
and properly containerized for disposal.
A.
Containers shall be provided by the owner, tenant,
lessee or occupant of the premises. Refuse containers shall be maintained
in a clean, safe and good condition. Any container that does not conform
to the provisions of this article or that may have ragged or sharp
edges or any other defect liable to hamper or injure the person collecting
the contents thereof shall not be utilized. The collector shall have
the authority to refuse collection services for failure to comply
herewith.
B.
The container shall be of galvanized metal or of plastic
composition, shall not exceed 30 gallons in capacity, shall have a
lid or cover and shall have two sturdy handles. Plastic bags of not
less than 1.5 mils' thickness nor larger than 40 gallons may be used
if properly tied.
C.
Wooden, cardboard, composition paper, fiber or similar
containers are specifically prohibited for use as refuse containers.
The collector may, at his election, refuse to collect refuse in such
container or remove such container and dispose of it as refuse.
D.
No container, when loaded with refuse and placed for
collection, shall exceed a gross weight of 60 pounds. The collector
may, at his discretion, refuse to collect refuse in containers whose
combined gross weight exceeds 60 pounds.
E.
Larger containers of the mechanical dumping type may
be utilized when specifically approved by the collector and the Township
Committee for special problem areas.
F.
All businesses, apartment complexes of more than six
apartments and trailer courts of more than six trailers are hereby
required to place their trash in dumpsters which are compatible with
the Township trash truck. Said dumpsters shall have a length from
arm to arm of no less than 78 inches and no more than 80 inches, shall
be able to be rear-end winch-loaded, shall have a hook center at the
rear of the dumpster and shall have four wheels.
(1)
Access. Adequate access shall be provided to all solid
waste storage facilities. Such access shall accommodate the type of
vehicle normally used for the collection of wastes.
(2)
Location.
(a)
Storage of wastes which produce no discernible
odor may be outdoors.
(b)
Outdoor solid waste storage facilities shall
be visually screened from elsewhere on the project and from all property
lines. Visual screens shall be provided through landscaping or other
means as approved by the Board. Such screens shall be designed and
constructed in such a manner as to provide a solid barrier obstructing
the view of the area to be screened on a year-round basis. All screens
shall be shown on the landscape plan.
(c)
Storage of wastes which produce a discernible
odor shall be within a building.
G.
It is unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
A.
No person shall place any garbage or industrial wastes
in any street, alley or other public place or upon any private property,
whether owned by such person or not, except in proper containers for
collection; nor shall any person throw or deposit any garbage, refuse
or industrial waste in any stream or storm drain.
B.
Any accumulation of refuse on any premises except
in the manner herein provided is hereby declared to be a nuisance
and is prohibited. Failure to remove any existing accumulation of
refuse within 30 days after the effective date of this article shall
be deemed a violation of this article.
C.
No person shall cast, place, sweep or deposit any
grass clippings, brush, sod or other 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 within the Township hereafter.
Each owner or occupier of premises desiring
to have his refuse collected shall place the same in proper containers
at the roadside the night before or prior to 7:00 a.m., prevailing
time, on the day designated for his area. Containers may not be left
at the roadside after 6:00 p.m. of the day of collection.
A.
Highly flammable, corrosive or explosive materials
shall not be placed in containers for collection but shall be disposed
of by the owner at the expense of the owner or possessor thereof.
B.
The Township Committee is hereby authorized and directed
to promulgate rules for the disposal of household furnishings and
waste material not included within the definition of "refuse" where
such waste material originates within the Township of Oxford. Any
person desiring to dispose of such waste shall do so in strict accordance
with such rules and regulations and in accordance with the statutes
of New Jersey.
C.
The actual producers of refuse or the owners of premises
upon which refuse is accumulated who desire personally to collect
and dispose of such refuse, persons who desire to dispose of waste
material not included in the definition of "refuse," and collectors
of refuse from outside of the Township who desire to haul over the
streets of the Township shall use a watertight vehicle provided with
a tight cover and so operated as to prevent offensive odors escaping
therefrom and refuse or waste material from being blown, dropped or
spilled therefrom.
Disposal of items such as and similar to automobiles,
vehicles, parts of vehicles, tires, building materials, material from
building alterations, material from wrecked buildings, plumbing fixtures,
plaster, stone, sod, soil, concrete, large tree limbs or branches,
tree stumps, tree trunks, furniture, refrigerators, bedsprings, sofas
and similar items of household furnishings, machinery, commercial
and industrial wastes, any explosive or other extremely hazardous
materials, material from state and county buildings and material from
industrial plants shall be the responsibility of the producers or
owners thereof.
Collections will be made at least once a week
for all areas of the Township for all eligible items.
[Added 6-2-2021 by Ord.
No. 2021-04]
A.
Temporary cessation of service. Residential property owners may temporarily
stop garbage collection service to their home in the event it will
be unoccupied for an extended period of time, not to exceed six months.
There will be no charge for the period that the service is stopped.
Temporary cessation of service must be for a minimum of three months
and be in full-month increments. To be eligible for a temporary service
stoppage, a homeowner must:
(1)
Be current with all fees and charges owed to the Township at
the time of the request.
(2)
Request the stoppage, in writing, to the utility collector,
specifying the stop and start dates.
(3)
Provide a certification on a form provided by the Township that
building is unoccupied and will remain so for the duration of the
stoppage.
B.
No refuse placed during temporary cessation. A homeowner who has
received a temporary cessation of garbage collection service shall
not deposit any refuse to be collected at the property where service
has been stopped during the time period that has been stipulated.
C.
Failure to comply. Any residence where refuse is placed to be collected
during a temporary cessation in service will be billed for service
for the entire period of stoppage and interest from the date that
billing would have occurred had service not been stopped in addition
to any other penalties that may be imposed as provided by this section.
Any person who shall violate any of the provisions
of this article shall, upon conviction, be punished for each offense
by a fine not to exceed $1,000 or by imprisonment for a term not to
exceed 90 days in the county jail, or both.
[Adopted 8-18-1988 by Ord. No. 88-8 (Ch.
75 of the 1974 Township Code)]
[Amended 10-20-1988 by Ord. No. 88-13; 3-21-2007 by Ord. No.
2007-03]
A.
There is hereby established a program for separate
collection of glass, by color, aluminum cans and newspaper from each
residential dwelling in the Township of Oxford for recycling purposes.
Such collections will be made periodically by the Township Department
of Public Works or the Township Committee designee, under the supervision
of the Recycling Coordinator.
B.
The Recycling Coordinator shall be appointed by the
Township Committee for a term of one year, expiring December 31 of
each year. The term of the person first appointed as Recycling Coordinator
shall expire December 31 of the year of that person's appointment.[1]
[1]
Editor's Note: Former Subsection C, which
immediately followed this subsection, was repealed 3-21-2007 by Ord.
No. 2007-03. This ordinance also repealed former § 75-2,
Regulations.
[Amended 10-20-1988 by Ord. No. 88-13]
Separate containers are required for each individual
material. Glass must be separated into three colors, clear, green
and amber, and placed into respective containers of considerable strength,
excluding paper and plastic bags. Used newspapers shall be considered
clean and uncontaminated if they have not been exposed to substances
or conditions rendering them unusable for recycling. Newspapers shall
be securely tied into bundles not to exceed one foot in height. All
containers shall be provided by the resident.
[Amended 10-20-1988 by Ord. No. 88-13]
From the time of placement at the curb by any
resident of glass, aluminum, bimetal cans and plastic beverage containers
by the Township of Oxford pursuant to the program established hereby
and the rules and regulations issued hereunder, such materials shall
become and be the property of the Township of Oxford, and it shall
be a violation of this article for any person other than the authorized
personnel of the Township Public Works Department or the Committee's
designee to collect, pick up or cause to be collected or picked up
such materials. Each collection in violation hereof from one or more
residences during said period shall constitute a separate and distinct
offense.
Any person, firm or corporation, who violates
or neglects to comply with any provision of this article or any regulation
promulgated pursuant thereto shall, upon conviction thereof, be punishable
by a fine not to exceed $500, except that the maximum fine for failure
to comply with § 75-16 hereof shall not exceed $25 per offense.
[Amended 10-20-1988 by Ord. No. 88-13]
Any person may donate or sell glass, aluminum,
bimetal cans and plastic beverage containers to any person, partnership
or corporation, whether operating for profit or not for profit. Said
person, partnership or corporation may not, however, under any circumstances
pick up said glass, aluminum, bimetal cans and plastic beverage containers
from the curbside in the Township of Oxford.
