[Adopted 3-22-1979 by Ord. No. 153]
This article shall be known and may be cited
as the "Municipal Refuse Collection Ordinance of the Borough of Medford
Lakes."
For the purposes of this article the following
terms, phrases, words and their derivations shall have the meaning
given herein. 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 shall include
the plural number. The word "shall" is always mandatory and not merely
directory.
The Borough of Medford Lakes, County of Burlington, New Jersey.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid waste (except body
waste), including garbage and rubbish and other solid waste not industrial
in nature.
Nonputrescible solid waste, consisting of both combustible
and noncombustible waste, such as paper, cardboard, tin cans, glass,
crockery and similar materials.
The Superintendent of Public Works of the Borough of Medford
Lakes.
All refuse accumulated within the limits of
the Borough, except as otherwise provided herein, shall be collected,
conveyed and disposed of by the Borough. No person shall collect,
convey over any of the streets or roads of the Borough, or dispose
of, any refuse accumulated in the Borough.
A.
Exception for actual producers. 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, provided that such producers or owners
comply with the provisions of this article and with any other governing
law or ordinance.
B.
Exception for outside collectors. This article shall
not prohibit collectors of refuse from outside of the Borough from
hauling such refuse over Borough streets, provided that such collectors
comply with the provisions of this article and with any other governing
law or ordinance.
A.
All refuse accumulated in the Borough shall be collected,
conveyed and disposed of by the Borough under the supervision of the
Superintendent. The Superintendent shall have the authority to make
regulations, subject to the approval of such regulations by Borough
Council, 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 from time to time as may be required, provided that such
regulations are not contrary to any of the provisions of this article.
B.
Appeals. Any person aggrieved by a regulation of,
or fee charged by, the Superintendent shall have the right of appeal
to the Borough Manager of the Borough of Medford Lakes, who shall
have the authority to confirm, modify or revoke any such regulation,
or confirm or modify any such fee.
[Amended 11-12-1987 by Ord. No. 238; 12-12-2002 by Ord. No.
485]
A.
All refuse shall be placed and maintained in containers
as provided in this article or by any regulation promulgated by the
Superintendent. All garbage shall have drained from it all free liquids
and may be wrapped in paper. All rubbish shall be drained of liquid
before being deposited for collection. No refuse shall be collected
unless it can be picked up by the compactor/refuse trucks owned by
the Borough. The disposal of any item of refuse which cannot be readily
handled by the Borough refuse trucks shall be the responsibility of
the owner of such refuse or the person depositing the same for collection.
B.
Refuse containers.
(1)
No container shall be placed at the roadside earlier
than the evening of the day proceeding a scheduled collection day,
but not later than 6:00 a.m. on the scheduled collection day. The
container shall be removed no later than the evening of the scheduled
collection day. Refuse will not be picked up if improperly placed
at the roadside and/or not free of recyclables. Containers shall be
placed at the edge of the pavement off of the roadway, in such fashion
as to enable pick up by the automated trash truck.
(2)
The Borough of Medford Lakes shall supply each household
with one ninety-five-gallon container, as part of the Borough solid
waste program. This container shall be the property of the Borough,
and will be maintained by the Borough. If the container is damaged
or destroyed due to the abuse or negligence of the homeowner, costs
of repair or replacement will be assessed to the homeowner. This container
shall remain at the residence to which it is assigned, even though
property owners may change.
(3)
One additional container, if needed, may be requested
from the Borough. Additional containers, if available, may be issued
upon application and approval by the Borough. There shall be fees
established for an additional container, and any additional containers
obtained pursuant to this section shall be returned to the Borough
when no longer in use. There shall be a two-container limit on all
residents. No resident may deposit refuse in any Borough trash container
or private container other than those properly assigned by the Borough.
C.
Storing of refuse in proper containers. No person shall place any refuse in any street, trail or other public place, or upon any private property, whether owned by such person or not, within the Borough except it be in proper containers for collection or under express approval granted by the Superintendent, nor shall any person throw or deposit any refuse in any stream or any other body of water or do any other act which is in violation of Chapter 150, Litter, of the Code of the Borough of Medford Lakes.
D.
Fees for additional container usage. The Borough is
authorized to establish fees for additional container usage. These
may include an application fee, an initial fee or cost for a new and
additional residential trash container, an annual or ongoing usage
fee, a fee for temporary usage of a container, and any other appropriate
fees, as shall be established by regulation promulgated by the Borough,
and approved by resolution of Borough Council.
A.
Frequency of collection. All refuse accumulated within
the Borough shall be collected at least once each week. The frequency
of collection may be increased depending upon the availability of
refuse vehicles and personnel.
B.
Limitation on quantity. The Superintendent shall collect
a reasonable accumulation of refuse from each residence or commercial
place during a collection period. The Superintendent shall have the
authority to refuse to collect unreasonable amounts or to make an
additional charge for such amounts.
C.
Special refuse problems.
(1)
Contagious disease refuse. The removal of any refuse
from homes or other places where highly infectious or contagious diseases
have prevailed shall be performed under the supervision and direction
of the Borough Health Officer. Such refuse shall not be placed in
containers used for regular collections.
(2)
Inflammable or explosive refuse. Highly inflammable
or explosive materials shall not be placed in containers for regular
collection, but shall be disposed of as directed by the Superintendent
at the expense of the owner or possessor thereof.
(3)
Dumpsters. Any refuse deposited in the dumpster shall
be disposed of at the expense of the owner or possessor thereof. All
dumpsters shall be placed in accordance with regulations promulgated
by the Superintendent.
[Added 7-14-1988 by Ord. No. 247]
The Borough shall collect leaves from residential
premises. All persons occupying residential premises shall, for the
entire year, source separate leaves from solid waste generated at
said premises and, unless leaves are stored or recycled for composting,
place the leaves for collection in such a manner as may be required
by regulations promulgated pursuant to this article.
A.
Requirements for vehicles. 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, and persons
who desire to dispose of waste materials not included in the definition
of refuse and collectors of refuse from outside of the Borough who
desire to haul over the streets and trails of the Borough shall use
a watertight vehicle designed for the collection of refuse and provided
with a tight cover and so operated as to prevent offensive odors escaping
therefrom and refuse being blown, dropped or spilled.
B.
Disposal. Disposal of refuse by persons so permitted under Subsection A above shall be made outside the Borough limits. The Superintendent shall have the authority to permit the disposal of such material at the sanitary landfill operation contracted for by the Borough, provided that such disposal is not in violation of any contractual arrangement between the Borough and the sanitary landfill operator.
C.
Rules and regulations. The Superintendent shall have the authority to make such other reasonable regulations concerning the individual collection and disposal in relating to the hauling of refuse over Borough's streets and trails by outside collectors, as he shall find necessary, subject to the right of appeal as set forth in § 201-4 hereof.
Ownership of refuse material set out for collection
shall be vested in the Borough.[1]
[1]
Editor's Note: Section 8, Fees, as amended,
was repealed 12-14-1989 by Ord. No. 267.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
