 |  |
 |
ORD2009 - 18 AN ORDINANCE TO AMEND GENERAL CODE CHAPTER 11Posted on October 10, 2009 at 7:20 am
AN ORDINANCE TO AMEND THE GENERAL CODE OF THE TOWN OF HACKETTSTOWN, CHAPTER 11 - HEALTH AND SANITATION
BE IT ORDAINED by the Mayor and Common Council of the Town of Hackettstown Section One: Chapter 11 - Health and Sanitation, Article 4 - Recycling is deleted and replaced and amended in its entirety to read as follows:
ARTICLE 4 - RECYCLING Commercial Use: Means an activity involving the sale of goods or services carried out for profit;
Designated Means those materials designated within the Warren Electronic Waste: Means a computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube devise, a flat panel display or similar video display devise with a screen that is greater than four (4) inches measured diagonally and that contains one or more circuit boards, including a television and cell phones.
This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such nor shall this definition be construed to include a rooming house or a boarding house as defined in the "Rooming and Boarding House Act of 1979," P.L. 1979, c.496 (C.55:13B-1 et al) or, except as otherwise set forth in P.L. 1987, c.270 (C.55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined in this section.
Recyclable Means those materials which would otherwise become solid Materials: waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
11-41. Source Separation; Exemption from Source Separation Requirements A. Mandatory source separation: It shall be mandatory for all persons who are owners, tenants, or occupants of residential and non-residential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Town of Hackettstown, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be established by the company designated by the owner tenant or occupant to pick up recyclable materials. D. Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this Chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: The name of the commercial or institution entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material. 11-42. Collection of Recyclable Materials The collection of recyclable material shall be in the manner prescribed as follows: A. All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 8:00P.M. of the day immediately preceding the day of collection, but no later than 7:00A.M. of the date of collection. After collection, any containers shall be removed from the curbside by no later than 8:00P.M. of the day of collection. B. All receptacles or dumpsters shall be kept in a clean and safe manner. C. The Town does not provide the curbside pick up of recycling. All residents and commercial establishments must arrange for the private pick up of all recyclables at their cost or arrange for the disposal of the recyclable materials at the Warren County Recycling Center.
11-43. Residential Dwelling Compliance Requirements. A. The owners/occupants of single family and two-family dwellings shall be responsible for compliance with this Ordinance. B. For multi-family units, the management or owner is responsible for setting up and maintaining the recycling system, including the designation of a building/complex recycling coordinator who will oversee the recycling system which includes the collection of recyclable materials. C. Violations and penalty notices will be directed to the owner, occupant, or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six (6) months during their occupancy.
A. All commercial business or industrial facilities shall be required to comply with the provisions of this Ordinance.
C. Annually, every business, institution, or industrial facility shall report to the Municipal Recycling Coordinator the recycling activities undertaken at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. The forms to be used will be provided by the Municipal Recycling Coordinator. D. All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Office.
A. Any application to the Planning Board or Board of Adjustment of the Town of Hackettstown shall conform with the performance standards for recycling set forth in Section 509 F. of the Town Land Development Ordinances.
A. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designed recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
C. Once placed in the location identified by this Ordinance, or any rules or regulations promulgated pursuant to this Ordinance, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
The Hackettstown Board of Health, the Recycling Coordinator and the Warren County Department of Health are hereby individually and severally empowered to enforce the provisions of this Ordinance. Any inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this Ordinance or any of the rules and regulations promulgated hereunder shall, upon conviction thereof be punishable by a fine not less than $250.00, nor more than $1,000.00. Each day for which a violation of this Ordinance occurs shall be considered a separate offense. The Court before which any person is convicted of violating any Ordinance of a Municipality shall have the power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in such Ordinance. Fines levied and collected pursuant to the provisions of this Ordinance shall be immediately deposited into the Municipal Recycling Trust Fund. Moneys in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program including enforcement and education.
A. In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this Ordinance is unconstitutional, all other sections and provisions shall remain in effect.
Notice is hereby given that the aforesaid Ordinance was introduced at a regular meeting of the Common Council of the Town of Hackettstown, New Jersey, held on September 26, 2009 and that at a regular meeting of the same to be held on November 9, 2009 at the Municipal Building, 215 Stiger Street, Hackettstown, New Jersey, at the hour of 7:30 o'clock in the evening, the said Common Council will consider the final passage of said Ordinance.
_________________________________________
|
| 215 Stiger Street · Hackettstown, NJ 07840 | Phone: 908-852-3130 Fax: 908-852-5728 |