It is hereby determined that safety hazards
exist with respect to the placement of portable disposable containers,
commonly known as "dumpsters," on the public roads and rights-of-way;
and that the regulation of the aforementioned units is reasonably
required to ensure safe travel along the roads and rights-of-way of
the Borough of North Arlington.
It shall be the duty of the members of the Police
Department and/or the Construction Code Official to enforce the provisions
of this article.
Terms used in this article shall have the following
meanings:
APPLICANT
Any person, as defined herein, who applies for a permit for
the placement of a dumpster.
DUMPSTER
Any disposal container which is used to carry rubble, rubbish,
garbage, building material or any other matter, whether such container
is portable, semiportable or permanently located.
PERSON
A natural person, corporation, partnership, sole proprietorship,
estate, trust, and shall include the plural form of any entity or
person defined herein.
SAFETY DEVICES
Lights and/or reflectors mounted on or at the dumpster which
shall be capable of warning vehicle traffic or pedestrians for a distance
of 200 feet, and shall be visible in both daytime and nighttime hours.
No permit shall be issued for the placement
of any dumpster in any public road or public right-of-way, which would
prohibit vehicle traffic or pedestrian travel along such right-of-way
or unreasonably interfere with such traffic or which takes up more
than 1/3 of the width of the roadway as measured between curbs.
The Borough Clerk and/or Construction Code Official
shall issue permit applications. Each application shall include:
A. The name, address and twenty-four-hour telephone number
of the person responsible for the placement and safety of the dumpster.
B. The name, address and telephone number of the person
for whose benefit the dumpster is placed.
C. The name, address and telephone number of the owner
of the dumpster.
D. The exact location of the dumpster, measured within
the approximate foot, to the nearest intersecting street, road or
right-of-way.
E. The length, width, height and exterior color of the
dumpster.
F. The estimation of the length of time, in days, for
placement of the dumpster at a particular location.
G. A description of the size and location of proposed
safety devices, as defined herein.
[Amended 5-13-2001 by Ord. No. 1915]
A fee of $50 shall be paid upon the issuance
of each permit.
No person shall place any dumpster within the
public roads or rights-of-way without having obtained a placement
permit.
No person shall place any dumpster within the
public roads or rights-of-way without proper safety devices, as defined
herein.
No person shall violate any requirements set
forth in the permit application or any of the restrictions set forth
in the placement permit.
The placement of a dumpster within a public
road or right-of-way without a valid permit shall be deemed a nuisance
and a danger to the public health, safety and welfare, and any peace
officer and/or the Construction Code Official may provide for the
removal of such dumpster. The owner of such dumpster shall pay the
reasonable costs of the removal and storage which may result from
such removal, before regaining possession.
Any person, firm or corporation which shall violate the provisions of this article or any supplement thereto shall be liable to the penalties in Chapter
1, Article
I, General Penalty, within the discretion of the Judge.