City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds, uncut grass and debris — See Ch. 175.
Garbage, rubbish and refuse — See Ch. 261.
[Adopted 1-22-1985 by Ord. No. 4955-85]

§ 209-1 Declaration of intent.

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.

§ 209-2 Compliance required.

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.

§ 209-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CITY
Refers to the City of Clifton.
DUMPSTER
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.
ENFORCEMENT OFFICER
Includes the Construction Official of the City of Clifton.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.

§ 209-4 Registration required.

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.

§ 209-5 Application to register; fee; term.

A. 
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. 
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. 
Each registration period or renewal thereof shall expire one year from the registration or renewal date.

§ 209-6 Restrictions on location and placement.

A. 
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. 
No dumpster shall be placed within five feet of an adjacent property owner's driveway.
C. 
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. 
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. 
Upon removal of any dumpster, the street or roadway shall be swept clean of all loose debris and restored to its former condition.

§ 209-7 Information to be displayed; reflectorized surfaces required.

A. 
Each dumpster shall prominently display the name, address and telephone number of the owner thereof.
B. 
Each dumpster shall have both the front and rear surfaces reflectorized for night safety in such a manner as to indicate the height and width of same.

§ 209-8 Impoundment; charges.

A. 
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. 
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. 
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. 
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]

§ 209-9 Sale of unclaimed dumpsters.

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.

§ 209-10 Violations and penalties.

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]

§ 209-11 Purpose.

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.

§ 209-12 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 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or other 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
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
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.

§ 209-13 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 City of Clifton.

§ 209-14 Exceptions to prohibition.

The following are exceptions to the prohibition:
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, and white goods placed curbside for pickup).

§ 209-15 Enforcement.

This article shall be enforced by the City Stormwater Coordinator and/or Police Department, and/or City Engineer of the City of Clifton.

§ 209-16 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 $1,250.