[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 8-26-1996 by L.L. No. 5-1996 (Ch. 69 of the 1976
Code). Amendments noted where applicable.]
This chapter is adopted for the protection and promotion of
the public health, safety and general welfare of the community by
regulating the use, maintenance and operation of bulk garbage containers
referred to as "dumpsters."
As used within this chapter, the following terms shall have
the meanings indicated:
A bulk storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a large compactor-type truck or other conveyance for disposal.
No person, partnership, corporation or other entity shall own, lease or arrange for the emplacement or use of a dumpster within the Village of Lancaster, unless a permit therefor shall be secured from the Village of Lancaster. Persons, partnerships, corporations or other entities which arranged for the emplacement or utilization of a dumpster within the Village of Lancaster as of the effective date of this chapter shall apply for a permit within 60 days of the effective date of this chapter. Although in accordance with § 126-4A(5), a permit may be issued for a lesser duration, no permit shall be granted for a period exceeding one year.
A.
An application for a permit pursuant to the provisions of this chapter
shall be made upon the forms approved and made available by the Village
of Lancaster. Application for a permit shall include but need not
be limited to the following information:
(1)
The name and address and phone number of the applicant and of the
owner or owners of the parcel upon which the dumpster shall be situate
and, if applicable, the lesser of the dumpster.
(2)
A description or diagram of the locale of the dumpster.
(3)
A description of the dumpster, which shall include its dimensions
and capacity.
(4)
The circumstances necessitating the use of the dumpster.
(5)
The length of time the applicant intends to utilize the dumpster.
(6)
The frequency with which the dumpster will be emptied.
(7)
That the applicant has taken notice of and consents to the application of § 126-7 of this chapter.
(8)
If the applicant requests that the dumpster be located in or on a
public right-of-way, the applicant shall explain why such is necessary.
[Added 5-13-2019 by L.L.
No. 8-2019]
B.
All applications for permits shall be accompanied by a fee as set forth at Chapter 144 of the Code of the Village of Lancaster, New York.
C.
If the applicant requests that the dumpster be located in or on a
public right-of-way, the Village Clerk shall promptly provide copies
of the application to the Village Board and to the following for review
and comment to the Village Board: the Village Fire Chief, the Village
DPW Superintendent, the Director of the Village Office of Emergency
Management, the Village Fire Inspector, and the Village Code Enforcement
Officer. Unless the Village Board by resolution provides otherwise
with respect to a particular application, the Village Fire Chief,
the Village DPW Superintendent, the Director of the Village Office
of Emergency Management, the Village Fire Inspector and the Village
Code Enforcement Officer shall have 10 days from receipt of a copy
of the application to comment. If the Village Board by resolution
provides for a time period other than 10 days within which the aforesaid
individuals shall comment, the Village Clerk shall promptly advise
the aforesaid individuals of the Village Board resolution. If the
Village Fire Chief, the Village DPW Superintendent, the Director of
the Village Office of Emergency Management, the Village Fire Inspector
or the Village Code Enforcement Officer fails to comment within 10
days or within the time period otherwise set by the Village Board,
the Village Board may assume that the individual has no objection
to the proposed application.
[Added 5-13-2019 by L.L.
No. 8-2019]
A.
Without the consent of the Village Board and subject to whatever
conditions the Village Board may establish, no dumpster shall be located
in or on a public right-of-way.
[Amended 5-13-2019 by L.L. No. 8-2019]
B.
Garbage and other waste materials must be completely contained within
the dumpster; no accumulation of garbage or waste materials will be
permitted outside the confines of the dumpster.
C.
Dumpsters shall be kept in good repair, be structurally sound, be
leakproof and be easily opened and closed. Dumpsters shall be painted
as required to prevent the show of rust and deterioration.
D.
Dumpsters shall be positioned and constructed so as to stand firmly
upright.
E.
The name and phone number of the holder of the permit issued pursuant to § 126-3 of this chapter shall be printed clearly and legibly on each dumpster.
F.
Open-top dumpsters shall be enclosed with a fence composed of wood lattice, fine mesh fencing or other suitable materials as determined by the Village of Lancaster, with a minimum height of three feet above the top of the container. In the case of open-top dumpsters, use of which is limited to the collection of waste materials associated with activities described in § 104-8A of the Code of the Village of Lancaster, New York, the Village Board of the Village of Lancaster shall retain discretion to waive the requirements set forth within this subsection.
G.
The holder of the permit issued pursuant to § 126-3 of this chapter shall arrange to have the dumpster emptied on such a schedule so that garbage and other waste materials do not accumulate so as to overflow the confines of the dumpster, restrict the closing of the dumpster cover or cause offensive odors or otherwise create a health hazard.
H.
Dumpsters with lids shall be kept closed and secured at all times
except when necessary to deposit or remove debris.
I.
The location and use of a dumpster shall conform to all state and
local fire codes.
If the dumpster is utilized in violation of any of the provisions of § 126-5 of this chapter, the Village may enter the property to remove, eliminate, repair or otherwise abate the violation. For this purpose the Village may use its own personnel or may hire a contractor. The cost incurred whether Village personnel are used or a contractor is hired will be charged to the permit holder. If a permit is revoked pursuant to the provisions of § 126-6, reissuance of a permit may be conditioned upon payment by the applicant of the cost incurred by the Village of Lancaster pursuant to this section.
The Code Enforcement Officer shall be empowered to act as the
agent of the Village of Lancaster in administrating and enforcing
compliance with this chapter.
