[Amended 3-21-2017 by Ord. No. 2017-4; 7-12-2018 by Ord. No. 2018-17; 3-26-2019 by Ord. No. 2019-10; 6-22-2021 by Ord. No. 2021-15]
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM
Any disposable items made of aluminum, including aluminum containers used for soda, beer and other beverages, screen frames and lawn chairs.
CONTAINER
See "receptacle."
CORRUGATED CARDBOARD
Any cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and kraft paper material that contains no grease, oil, food or other dry/wet residue. This does not include pizza boxes.
GARBAGE
Trash, rubbish, and any animal or vegetable waste from any kitchen, market or store or other place, or any trash, rubbish, or waste which, due to its animal or vegetable content, may decompose, cause odors, attract flies or insects, or be hazardous to the public health.
GLASS
Any products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matters, excluding, however, blue glass or flat glass (commonly known as "window glass"), as well as light bulbs and ceramic plates or dishes.
HIGH-GRADE PAPER
Any white and/or off-white stationery and photocopy and computer paper.
MIXED PAPER
A. 
Magazines, catalogs, slick glossy advertising supplements, undeliverable or advertising mail, newsprint, envelopes with or without windows, phone book white pages, wrapping paper (nonmetallic), NCR paper (carbonless copy paper), letterhead, colored and white copy paper, construction paper, textbooks without hard covers, softcover workbooks, fax paper, and computer paper.
B. 
The following items are not acceptable for inclusion in mixed paper: corrugated cardboard, chipboard, blueprints, brown paper bags, phone book yellow pages, carbon paper, plastic bags, napkins, tissues and paper towels.
NONRESIDENTIAL PROPERTY
All commercial establishments, including properties that have a mixed use of commercial and residential units. For collection purposes, on a property containing mixed uses of multiple commercial and residential units, each unit residential/nonresidential will be considered separately.
PERSON
Any individual, firm, trust, partnership, association, corporation, company or organization of any kind.
PLASTIC
All products labeled "PET," "PETE" or "HDPE," with a pourable neck smaller than the body of the container, that contain no grease, oil, food or other dry/wet residue.
RECEPTACLE
Utilized for the collection and storage of garbage and recycling; should be nonporous plastic or metal trash cans with handles. Each receptacle shall have a tight-fitting cover so constructed to prevent spilling or leakage of contents, the infiltration of water, and to be vermin-proof and shall be disinfected on a regular basis. Each residential and nonresidential unit shall be entitled to use up to five thirty-two-gallon/fifty-pound trash cans for each collection. No receptacle loaded for collection shall weigh more than 50 pounds.
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization, institution or group preparing, storing or serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market; or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge; except that agricultural markets, covered dish suppers or similar types of infrequent church or nonprofit-type institution meal services shall meet the special provisions of N.J.A.C. 8:24-8; and further provided that any food and/or beverage vending machine shall meet the requirements of N.J.A.C. 8:24-14.
SCREEN or SHIELD
An enclosure or structure that serves to hide stored garbage and recycling containers from public view. Such structure should be constructed of sturdy material, resistant to high winds and inclement weather, that is in appearance consistent, and is at least aesthetically neutral with surroundings.
SOLID WASTE
Includes all garbage and refuse normally produced by the occupants of residential and nonresidential property and disposed of by private or public pickup and defined as "solid waste" by the New Jersey Solid Waste Management Act.[1]
TIN AND BIMETAL CANS
Includes all metal containers, which are magnetic in nature, commonly used to package food products.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A. 
Recycling collection. Each residential unit shall receive curbside recycling pickup of up to five trash cans per collection day as described in § 286-21 hereof, subject to the following:
(1) 
All residential properties shall be provided municipal collection services for aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans in accordance with this chapter and according to the schedules developed and announced by the Department of Public Works.
(2) 
No household trash, garbage, rubbish, or solid waste shall be disposed of in any trash can containing any aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans or other recyclables.
(3) 
All aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans shall be deposited in approved containers and placed at curbside not earlier than 5:00 p.m. on the night before collection day and no later than 5:00 a.m. on the day of collection. The containers shall be removed from the curb or place of collection by not later than 6:00 p.m. on the day of collection.
(4) 
Cardboard materials should be separated from household trash and included with recycling pursuant to § 286-20 hereof.
(5) 
All containers for storage of recyclables should be stored or kept, as far as reasonably practicable, and appropriately shielded from public view using screens or shields to prevent visibility of containers from the street, and such screens or shields should not be located in the front yard of any property.
B. 
Holidays. The Borough will not make any recycling collections on New Year's Day, Thanksgiving Day, and Christmas Day, or whenever the Director of Public Works declares an emergency, but collections will be made on the next regularly scheduled pickup.
C. 
Schedule for residential recycling pickup. The schedule for residential recycling pickup shall be periodically reviewed by the Department of Public Works to evaluate efficiency and effectiveness of services. The DPW may make recommendations for changes to the frequency of pickups for residential solid waste based upon seasonality, staffing, and other variables. Published schedules for residential recycling pickup may be revised by majority vote of Council.
[Added 9-28-2022 by Ord. No. 2022-9]
A. 
Nonresidential properties shall receive curbside recycling pickup of up to five trash cans per collection day as described in § 286-21 hereof.
B. 
Nonresidential properties which the Borough determines require a greater level of service than provided in Subsection A hereinabove must contract with an approved private recycling collection service and submit such proof of same as the Recycling Coordinator may require.
C. 
Municipal buildings, firehouses, first aid squads, and charitable organizations as defined by N.J.S.A. 45:1A-20 in the Borough shall receive recycling collection by the Borough or its agents on a schedule to be determined by the Department of Public Works. All other public buildings and nontaxpaying properties shall be considered nonresidential properties for the purposes of this chapter.
D. 
Nonresidential establishments shall develop separate handling systems for the storage and ultimate recycling of aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans pursuant to this chapter.
E. 
Schedule for nonresidential recycling pickup. The schedule for nonresidential recycling pickup, other than as noted in § 286-19C above, shall be periodically reviewed by the Department of Public Works to evaluate efficiency and effectiveness of services. The DPW may make recommendations for changes to the frequency of nonresidential pickups for recycling based upon seasonality, staffing, and other variables. Published schedules for nonresidential recycling pickup may be revised by majority vote of Council.
[Added 9-28-2022 by Ord. No. 2022-9]
A. 
All owners, tenants, occupants and/or operators of all private properties, public properties, and governmental institutions and buildings shall separate aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans from all other solid waste produced by such properties for collection and ultimate recycling of said materials. No motor oil containers, mirrors, bulbs, dishes, ceramics, window glass, plastic bags, or broken bottles or broken glass shall be placed with recyclables. Recyclables shall be thoroughly cleaned and completely drained of all water and placed in a receptacle as described in § 286-21.
B. 
The Borough shall collect recyclables through single-stream recycling, including aluminum, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans, which shall be placed in an authorized recycling receptacle as described in § 286-21, or may be collapsed, folded and tied securely. Any bundles shall be two feet by two feet maximum size and shall not exceed 20 pounds. No wood pallets or trash inside of boxes will be collected. All recyclables may also be brought by Borough property owners to the Borough's Recycling Center.
C. 
Cardboard materials should be separated from household trash and other recyclable materials, neatly bound with cord or string.
A. 
Receptacles or trash cans. All of the recyclables placed for collection must be deposited in nonporous plastic or metal trash cans with handles. Each receptacle shall have a tight-fitting cover so constructed to prevent spilling or leakage of contents, the infiltration of water, and to be vermin-proof and shall be disinfected on a regular basis. Each residential and nonresidential unit shall be entitled to use up to five thirty-two-gallon/fifty-pound trash cans for each collection. No receptacle loaded for collection shall weigh more than 50 pounds.
B. 
Dumpsters. Sufficient facilities must be provided in, on and at nonresidential properties for the storage of recyclables produced or generated from the property. For premises utilizing dumpsters, no recyclables shall be placed in plastic bags, but must be placed directly into the dumpster. Dumpsters must be protected from the infiltration of water by an enclosure or a watertight lid, and must be vermin-proof. All dumpsters must be disinfected on a regular basis. Dumpsters shall be purchased, procured or provided by the property owner and his agents, tenants or other occupants at their own cost. Dumpsters shall meet and conform to all health laws and the requirements of the Department of Public Works. Existing approved recycling collection sites legally utilizing a dumpster may remain in place for private collection. Any new or proposed relocated recycling collection sites shall be submitted for authorization and approval to the Borough for appropriate action. The location of nonresidential dumpsters should be a distance no less than 10 feet from any property line(s) shared with residential properties.
C. 
Defective receptacles, recycling cans and dumpsters. Receptacles that are broken or otherwise fail to meet the requirements set forth herein shall receive written notice to the responsible party by placing a notice, such as a sticker, on the defective receptacle. After 10 days' written notice has been given to the responsible party pertaining to defective or illegal waste containers, such containers may be collected as refuse by the Borough or its authorized agent(s).
D. 
Origin of recyclables. No owner, lessee, tenant or other occupant or user of any building, private dwelling, apartment house, restaurant, motel, store, school, public building or business of any kind shall permit any recyclables not originally generated at said premises to be placed at said premises for collection. No person shall transport any recyclables from their point of origin to a premises within the Borough for the purpose of disposal. No recyclables shall be placed for collection which were not generated from the premises of collection.
E. 
Recycling collector permits. Every recyclables collector shall conform to the provisions of this chapter and all other applicable laws and regulations, including, but not limited to, the laws and regulations of the New Jersey Public Utilities Commission and the Monmouth County Solid Waste Management Plan governing the collection and transfer of recyclables. Only legally qualified collectors may be retained for service within the Borough prior to services being provided to any premises in the Borough.
A. 
Multifamily residential properties.
(1) 
In the case of a parcel of real estate containing five or more dwelling units, including condominium developments, attached housing, garden apartments, townhouses, and parcels of real estate containing five or more dwelling units, the owners of said dwelling units shall provide a dumpster or a proper and sufficient number of authorized containers to store aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans between collections and shall maintain said containers in good repair and in a clean and satisfactory condition.
(2) 
The dumpster or authorized containers for trash or garbage, or dumpsters, shall be placed on the property in question in such a location as shall be designated by the Borough of Bradley Beach and shall be screened from view by neighboring properties and public streets.
(3) 
The owners of said parcels of real property housing five or more dwelling units as hereinabove described may not place recycling containers at the curbside for pickup by the Borough, but must instead maintain an area on the parcel for storage of containers or dumpster and arrange for pickup of said containers or dumpster by the Borough in a location approved by the Borough. The costs of recycling collection and disposal fees will be paid by the Borough of Bradley Beach. The costs of the containers or dumpster and any additional cost for pickup from the designated recycling storage area shall be paid by the property owners and not by the Borough.
(4) 
Any property owner who does not wish to have recycling collection provided by the Borough of Bradley Beach or who cannot provide an accessible location approved by the Borough must arrange for private pickup and disposal. Said property owners shall submit a copy of their contracts for recycling collection to the Recycling Coordinator.
B. 
Retail food establishments. Every retail food establishment will be provided with the pickup of aluminum, corrugated cardboard, glass, high-grade paper, mixed paper, plastic, and tin and bimetal cans of up to five trash cans per collection day, provided that this schedule does not result in the development of odors and the attraction of vermin. Every retail food establishment that cannot comply with the foregoing conditions as determined by the Borough, or the establishment requests more frequent collection, shall have its own recycling collected by a legally qualified collector. Collections shall occur at such other frequencies as to be determined by the Borough and in such a manner as to avoid or prevent a public health annoyance or nuisance, including, but not limited to, the development of odors and the attraction of vermin.
A. 
Storage of receptacles, containers and materials. Except during the times permitted for collection as set forth in this chapter, all recyclable materials, and all receptacles and containers therefor, whether empty or not, shall be stored or kept, as far as reasonably practicable, so that they are not visible from the streets or public rights-of-way and so that they do not otherwise constitute a nuisance to the occupants of any dwelling. In no event shall any recyclable materials, or any receptacles or containers therefor, be kept in proximity to windows or doors of any adjacent dwelling.
B. 
Regulation of vehicles.
(1) 
All vehicles used in transporting recyclable material through the streets of the Borough shall be furnished by the owner or operator; must have a good and tight body; and, when loaded, shall be securely covered with a type of cover approved by the Borough so as to prevent their contents from being scattered upon the streets.
(2) 
Every private collector of recyclable materials and every collector authorized by the Borough to collect such items shall do so in vehicles approved for use by legally qualified haulers in accordance with N.J.A.C. 7:26-3.1 et seq. Said vehicles are to be kept clean and safe. No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed, loaded and covered so as to prevent any recyclable material from being blown or deposited upon any street, alley or other public or private place in the Borough.
Every private collector of recycling shall conform to the provisions of this chapter and the regulations of the Public Works Department governing the collection and disposal of recyclables. No collection shall be performed before 5:00 a.m. or after 10:00 p.m.
The provisions of this article shall be enforced by the Code Enforcement Officer. Any person(s) who is found in violation of the provisions of this article shall be subject to the penalties in Chapter 1, Article II, Penalties.