[HISTORY: Adopted by the Municipal Council
of the City of Clifton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-22-1985 by Ord. No. 4955-85]
The Municipal Council of the City of Clifton
hereby declares its intent to regulate, in a manner consistent with
the interests of the citizens of the City of Clifton, the location,
use, placement and construction of dumpsters.
No person, firm or corporation shall encumber
or obstruct any street, highway, public lane or alley or other public
place in the City of Clifton by placing therein or thereon any dumpster
or other similar container commonly used for the collection of building
materials as hereinafter defined except in compliance with the provisions
of this article.
As used in this article, the following terms
shall have the meanings indicated:
Refers to the City of Clifton.
A container or debris-transfer body commonly used for the
placing and/or collection of debris and building materials during
building construction and/or renovation.
Includes the Construction Official of the City of Clifton.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
No person shall offer or provide a dumpster
for use or hire within the City of Clifton without having first registered
with the City Clerk.
A.Â
Any person desiring to register under this article
shall file with the City Clerk an application on a form furnished
by the City Clerk.
[Amended 5-20-1991 by Ord. No. 5497-91]
B.Â
The annual registration fee under this article shall
be $400 and shall be paid to the City Clerk.
[Amended 5-20-1991 by Ord. No. 5497-91; 1-5-2009 by Ord. No. 6788-09]
C.Â
Each registration period or renewal thereof shall
expire one year from the registration or renewal date.
A.Â
All dumpsters placed on public streets or roadways
shall comply with the provisions of Chapter 4 of Title 39 of the New
Jersey Statutes Annotated and all parking ordinances of the City of
Clifton.
B.Â
No dumpster shall be placed within five feet of an
adjacent property owner's driveway.
C.Â
The width of the street or roadway to be used shall
be limited in accordance with the traffic conditions, and the portion
so used shall not exceed 1/3 of the width of said street or roadway.
D.Â
No dumpster shall be placed at a site more than 24
hours prior to construction nor remain more than 24 hours subsequent
to construction being completed.
E.Â
Upon removal of any dumpster, the street or roadway
shall be swept clean of all loose debris and restored to its former
condition.
A.Â
Any dumpster in violation of this article may be impounded
by the Police Department after 12 hours' oral notice given to the
owner thereof by the Construction Official.
B.Â
Notwithstanding Subsection A above, any dumpster situated in such a manner as to obstruct an adjacent owner's driveway or create a traffic or road hazard may be impounded immediately by the Police Department.
C.Â
Any dumpster impounded pursuant to Subsections A and B above shall be towed or transported to any place within the City designated by the Chief of Police. Whenever any dumpster is impounded as provided in this article, the Chief of Police shall, within five days therefrom, send a notice of such fact to the owner thereof by certified mail, return receipt requested.
D.Â
Any owner of an impounded dumpster, or person acting
on his behalf, desiring to redeem same shall first pay a service or
towing charge of $120 and, in addition, a storage charge of $20 per
day for the time said impounded dumpster was held in storage. The
above charges and costs are in addition to other penalties that may
be imposed for violation of any provision of this article.
[Amended 12-16-2003 by Ord. No. 6387-03; 1-5-2009 by Ord. No. 6788-09]
Whenever any dumpster impounded by the Police
Department shall remain unclaimed by any person having the right to
possession of such dumpster for a period of 30 days, the dumpster
shall be sold under the direction of the Chief of Police, at public
auction, to the highest bidder. Such auction sale shall take place
after notice of such sale has been given at least seven days prior
thereto by one publication in a newspaper circulating in the city
and upon mailing of a copy of said notice to the owner of the dumpster
by regular mail at least seven days prior to the sale.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $100. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
[Adopted 8-21-2012 by Ord. No. 7046-12]
This article requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharging
of liquids, semiliquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the City of Clifton and/or
the waters of the state so as to protect public health, safety and
welfare, and prescribes penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the City of Clifton, and is designed and used for collecting and
conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or other political subdivision of this state subject
to municipal jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface- or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.Â
Any person who controls, whether owned, leased or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.Â
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the City of Clifton.
The following are exceptions to the prohibition:
A.Â
Permitted temporary demolition containers.
B.Â
Litter receptacles (other than dumpsters or other bulk containers).
C.Â
Individual homeowner trash and recycling containers.
D.Â
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
E.Â
Large bulky items (e.g., furniture, bound carpet and padding, and
white goods placed curbside for pickup).
This article shall be enforced by the City Stormwater Coordinator
and/or Police Department, and/or City Engineer of the City of Clifton.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,250.
