[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 11-4-1985 by L.L. No. 5-1985.
Amendments noted where applicable.]
Unless otherwise expressly stated, the following
terms, whenever used in this chapter, shall respectively be deemed
to mean:
Any container used in the normal course of demolition, construction
or nonorganic rubbish removal for the purpose of storing, containing
and/or carrying debris.
Any individual or individuals or corporation, partnership
or voluntary association.
Any property owned, leased or controlled by the Village of
East Rockaway.
[Amended 7-12-2010 by L.L. No. 8-2010]
No person, other than agents or employees of
the Village of East Rockaway, shall place, maintain or use a dumpster,
trash bin or storage bin or similar container on a public thoroughfare
or other public property without having first obtained a written permit
from the Village Clerk.
The person to whom the permit is issued shall
be responsible for the following:
A.
The trash bin, dumpster or storage bin shall be properly
reflectorized with flashing signal lights, illuminated barricades
or six-inch reflectors as may be required by the Superintendent of
Public Works, in order to ensure the safety of pedestrian and/or vehicular
traffic.
B.
There shall be no defect or faulty design in the trash
bin, dumpster or storage bin which might create a hazard to the general
public, interfere with its operation or inhibit the purpose for which
it is to be used.
C.
The placement of the trash bin, dumpster or storage
bin shall not block the flow of vehicular or pedestrian traffic. Prior
to placing any dumpster on a public thoroughfare, the person placing
the dumpster shall provide adequate protection to the roadway surface.
[Amended 7-12-2010 by L.L. No. 8-2010]
D.
During all times when the dumpster is in use, a tarpaulin
or other suitable tight cover shall be placed over the dumpster in
order to protect the contents from being displaced and/or causing
litter on public or private property or creating dust, offensive odors
or health hazards.
E.
The trash bin, dumpster or storage bin is conspicuously
marked with the name and address of its owners and has affixed a copy
of the currently effective permit for the same.
F.
The trash bin, dumpster or storage bin shall not be
used for the storage of garbage.
[Amended 7-12-2010 by L.L. No. 8-2010; 10-17-2011 by L.L. No. 11-2011]
This chapter shall not be construed to prohibit the placement
of the trash bin, dumpster, container or storage bin on private property
when such placement is permitted by the provisions of the Code of
the Village of East Rockaway.
A.
Such trash bins, dumpsters or storage bins and containers may not
be placed on or at any property unless specifically authorized by
the Village Clerk upon the applicant's showing of a practical
difficulty that requires the container to be placed on the property.
B.
Placement of such trash bins, dumpsters or storage bins and containers
shall be in such location and used so as not to constitute a public
nuisance or to interfere with the neighbors' peaceful enjoyment.
C.
No storage bins for donated clothing or similar items shall be placed
on any commercial or residential property within the Incorporated
Village of East Rockaway.
All permits required by this chapter shall be
in writing and shall be issued by the Village Clerk. The Village Clerk
shall issue the permit, if the applicant has the need to use such
a container and it appears that it is not practical to locate it on
private property. Prior to the issuance of such a permit, the Village
Clerk shall consult with the Superintendent of Public Works to determine
that the proposed use of the dumpster shall not constitute a traffic
and/or safety hazard.
The application for a permit shall include but
not be limited to the following information:
A.
The name and address of the applicant and, if applicable,
the name and address of the lessor of the trash bin, dumpster or storage
bin.
B.
A description or diagram of the location where the
trash bin, dumpster or storage bin will be placed.
C.
A description of the trash bin, dumpster or storage bin which the applicant proposes to use, including the name of manufacturer, its capacity and a description of the reflectors as required by § 128-3A.
D.
The circumstances necessitating the use of the trash
bin, dumpster or storage bin and the reasons for placing the same
on a sidewalk, street or public place in the Village.
E.
The length of time the applicant plans to utilize the trash bin, dumpster or storage bin, which shall not exceed 10 working days, except as further stated in § 128-8.
F.
The length of time the applicant plans to utilize the trash bin, dumpster or storage bin, which shall not exceed five working days, unless permitted for a longer period of time by the Village Clerk upon payment of an additional daily fee in accordance with § 128-8.
[Added 7-12-2010 by L.L. No. 8-2010]
G.
The permit
fee and cash deposit, if applicable.
[Added 7-12-2010 by L.L. No. 8-2010]
Each application for a permit hereunder shall
be accompanied by a certificate or certificates of insurance in a
form approved by the Village Clerk and issued by one or more insurance
companies authorized to do business within the State of New York,
certifying that said company or companies has issued or have written
the following policies which shall not be cancelable except on 15
days' written notice to the Village:
A.
Comprehensive general liability, naming the Village
as one of the insured. This policy shall be written to cover bodily
injury (including death) for not less than $1,000,000 per person and
$3,000,000 per occurrence and property damage for not less than $100,000
in the aggregate.
B.
A policy which will protect the Village in the sum
of at least $20,000 against any loss due to damage caused to any street
or other public property owned by the Village by reason of the placement,
maintenance or use of the dumpster, trash bin or storage bin pursuant
to any permit issued hereunder.
[Amended 7-12-2010 by L.L. No. 8-2010]
A.
Application for permission to place a trash bin, dumpster
or storage bin on a public thoroughfare or other public property shall
be accompanied by a permit fee in an amount to be established from
time to time by resolution of the Board of Trustees.
B.
Application for permission to place a trash bin, dumpster
or storage bin in excess of 15 cubic yards on a public thoroughfare
or other public property shall be accompanied by a cash deposit, in
an amount to be established from time to time by resolution of the
Board of Trustees, which may be applied by the Village to offset the
cost to repair any damage to the public thoroughfare or other public
property caused by the placement of the trash bin, dumpster or storage
bin. The unused balance of the deposit shall be returned to the applicant
within 30 days following the removal of the trash bin, dumpster or
storage bin.
C.
No permit
shall be issued until the permit fee and deposit set forth herein
are paid to the Village Clerk.
No person shall cause or permit the placing
of any trash bin, dumpster or storage bin or loose debris within 15
feet of any fire hydrant.
On or before the expiration of the permit, the
permit holder shall remove or cause to be removed the trash bin, dumpster
or storage bin.
Violation of any of the terms and conditions of this chapter by the applicant, his agents, employees or any contractor hired by the applicant shall be reason for immediate revocation of the permit by the Village Clerk or the Superintendent of Public Works. The container shall be removed from the public property immediately upon revocation. Such action shall be in addition to the penalties provided for in § 128-12 hereof.
[Amended 8-10-1987 by L.L. No. 4-1987; 7-12-2010 by L.L. No. 8-2010]
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $500 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
