[HISTORY: Adopted by the Board of Trustees of the Village of Kensington 1-20-1988 by L.L. No. 1-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 85.
[1]
Editor's Note: The title of this chapter was revised from "Dumpsters and Other Rubbish Containers" to "Dumpsters, Portable Lavatories and Storage and Rubbish Containers" 12-17-2008 by L.L. No. 2-2008.
[Amended 4-30-2003 by L.L. No. 4-2003; 12-17-2008 by L.L. No. 2-2008]
No dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris shall be placed upon any private property for more than 30 days or upon any street or sidewalk or other public property in the Village of Kensington without a permit.
[Amended 4-30-2003 by L.L. No. 4-2003; 12-17-2008 by L.L. No. 2-2008]
A. 
Any person desiring a permit under this chapter shall make a written application therefor specifying the exact proposed location of such dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris, the size and capacity thereof, the name of the owner of the abutting property, the length of time that said use is required and any other information as may be required.
B. 
Any permit issued pursuant to this chapter shall be valid only for 48 hours unless the duration of the permit is otherwise specified in writing on the permit. In no event shall any permit issued hereunder be valid for more than 90 days.
C. 
All such dumpsters, portable lavatories, storage containers or containers, receptacles or other objects for the collection of rubbish or debris permitted pursuant to this chapter shall bear an identification number assigned by the Village, and the name, address and telephone number of the person responsible therefor shall be prominently displayed thereon.
D. 
All such dumpsters, portable lavatories, storage containers or containers, receptacles or other objects for the collection of rubbish or debris which remain in place during any of the hours between sunset of one day and sunrise of the next day shall be equipped with suitable reflectors and barricaded with flashing lights or other warning or protective devices as may be required in order to avoid a hazard to vehicular or pedestrian traffic. Any such reflectors shall be capable of reflecting motor vehicle headlights at a distance of at least 500 feet.
E. 
Where possible, dumpsters, portable lavatories, storage containers or containers, receptacles or other objects for the collection of rubbish or debris shall be located so they are not visible from the street.
[Amended 12-17-2008 by L.L. No. 2-2008]
Prior to and during the location or installation of any dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris hereunder, the applicant must demonstrate compliance with the following standards and any other applicable laws:
A. 
The applicant must produce a certificate of liability insurance, naming the Village as an additional insured, in an amount not less than single limits of $500,000.
B. 
A separate permit must be requested and obtained for each dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris proposed to be located on a street, sidewalk or public property.
C. 
No dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris may exceed 20 cubic yards of capacity.
D. 
Any dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris which contains animal or vegetable refuse shall be kept covered at all times with a metal cover or other suitable approved covering.
E. 
No dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris may be placed within 25 feet of any intersection or in any location not approved by the Village.
[Amended 12-17-2008 by L.L. No. 2-2008]
A. 
The Village may, in its discretion, refuse to issue a permit if it deems the same to constitute a danger to public safety or an unwarranted interference with the efficient movement of vehicular or pedestrian traffic.
B. 
The Mayor or his designee may revoke a permit for the same reasons as he may refuse issuance of a permit or for violation of the provisions of this chapter, and if the dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris is not removed within 24 hours after notification of such revocation, the same may be removed by the Village and stored at the owner's expense.
C. 
If the Mayor or his designee shall determine at any time that an emergency situation exists with respect to a dumpster, portable lavatory, storage container or container, receptacle or other object for the collection of rubbish or debris, he may cause the same to be removed and stored at the expense of the owner.
Any appeal from the refusal to issue a permit hereunder or the revocation of a permit hereunder or from the imposition of any condition hereunder shall be made in writing to the Board of Trustees within 30 days of the determination. The pendency of any such appeal shall not affect the efficacy of the determination appealed from.
The provisions of this chapter shall not apply to containers or receptacles used for normal residential garbage collections nor to bundled newspapers which have been placed by the curb for pickup.
[Amended 5-17-1989 by L.L. No. 1-1989]
Each person who violates any provision of this chapter shall, for each and every day that said violation continues, be subject to a fine of not more than $1,000 or imprisonment for a period not to exceed six months, or both such fine and imprisonment.