Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Fees — See Ch. 155.
[Adopted 3-13-2006 by Ord. No. 2006-3]

§ 263-1 Permit required.

No person or entity, other than duly authorized servants or agents employed or engaged by the Borough of South River on behalf of the Borough of South River, shall park or leave unattended any waste or refuse container commonly known as a "roll-off dumpster" or "roll-off" container along any public road, street, right-of-way or public property, under the jurisdiction of the Borough of South River without first obtaining a written permit approved by the Chief of Police, or his designee, and issued by the Borough Clerk upon payment of a fee as set forth hereinafter.

§ 263-2 Application for permit.

A. 
Application for permit shall be made on forms obtained at the Municipal Building from the Borough Clerk.
B. 
Before the permit is issued to park or leave unattended any roll-off dumpster or roll-off container, the application shall be reviewed and approved by the Chief of Police, or his designee, who shall certify that the placement of a roll-off dumpster or roll-off container on or along the public road, street, right-of-way or public property shall not create an unreasonable hazard or risk to the health, safety or welfare of the residents of the Borough of South River.
C. 
No roll-off dumpster or roll-off container shall be allowed in the sidewalk area or create a blockage of pedestrian traffic along said property at which the roll-off dumpster or roll-off container is located.

§ 263-3 Fees.

A. 
No person shall be granted a permit to park or leave unattended any roll-off dumpster or any roll-off container along any public road, street, right-of-way or public property under the jurisdiction of the Borough unless a refundable deposit has been paid to the Borough Clerk in cash or by certified check in the amount provided in Chapter 155, Fees, which deposit shall be used to pay the expenses of repairing and/or replacing said road, street, right-of-way or other public property in the event it is deemed that damages have occurred during the time said roll-off dumpster or roll-off container is left parked or unattended. Upon removal of the roll-off dumpster or roll-off container, the permittee shall notify the Director of Public Works who shall dispatch an inspector to the sight to determine if damage has occurred, and if damage has occurred, the extent of said damages. Following the inspection of the sight and determination of damages, if any, the Director of Public Works shall notify the Borough Clerk who shall promptly notify the permittee if a refund is available and the amount, if any, of said refund. The permittee shall be forwarded any refund due within 30 days of said inspection.
B. 
The fee for permit to park or leave unattended a roll-off dumpster or roll-off container upon any public road, street, right-of-way or public property shall be as provided in Chapter 155. Said permit shall be valid and remain in effect for a period of not more than 30 days. Said permit made be renewed upon application therefor for an additional period of 30 days at a fee as provided in Chapter 155. No permit shall extend beyond 60 days.

§ 263-4 Rules and regulations.

Any roll-off dumpster or roll-off container parked or left on or along any public road, street, right-of-way or public property under the jurisdiction of the Borough of South River shall be equipped with a display markers consisting of all yellow reflective diamond-shaped panels having a minimum size of 18 inches by 18 inches. These panels shall be mounted at the edge of the dumpster or container at both ends nearest the path of the passing vehicles and facing the direction of oncoming traffic. These markers shall have a minimum mounting height of three feet from the bottom of the panels to the surface of the roadway. Said mountings shall be to warn operators of oncoming vehicles of the presence of a traffic hazard requiring the exercise of unusual care.

§ 263-5 Enforcement.

The enforcement of this chapter shall be by the South River Police Department who shall issue the appropriate summonses in the event that any roll-off dumpster or roll-off container is placed along any public road, street, right-of-way or public property under the jurisdiction of the Borough of South River without first obtaining the required permits.

§ 263-6 Violations and penalties.

Any person and/or entity who is convicted of a violation of this chapter shall be punishable as provided in Chapter 1, Article I, General Penalty.
[Adopted 7-12-2010 by Ord. No. 2010-21]

§ 263-7 Definitions.

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 Chapter 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of South River or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Means 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.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 263-8 Prohibited conduct.

A. 
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. 
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 Borough of South River.

§ 263-9 Exceptions to prohibition.

Exceptions are as follows:
A. 
Permitted temporary demolition containers.
B. 
Litter receptacles (other than dumpsters or other bulk containers).
C. 
Individual homeowner trash and recycling containers.
D. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
E. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

§ 263-10 Enforcement.

This article shall be enforced by the Code Enforcement Officer of the Borough of South River.

§ 263-11 Violations and penalties.

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 $2,000, imprisonment for not more than 90 days or a period of community service not exceeding 90 days.

§ 263-12 When effective.

This article shall be in full force and effect from and after its adoption and any publication as may be required by law.