[HISTORY: Adopted by the Borough of Rutherford
Council 8-7-1984 by Ord. No. 2377-84. Amendments noted where applicable.]
No person shall cause or permit any accumulation
of sand, gravel, cinders, ashes, topsoil, mud, earth, dirt, filth,
waste or rubbish or other materials to be placed, deposited, tracked
or flowed upon any borough street, sidewalk or other public place,
except as provided in this chapter.
[Amended 11-28-2006 by Ord. No. 3126-06; 2-23-2015 by Ord. No. 3352-15]
A.
Within the Borough, no person shall cause or permit any highway,
street, sidewalk, public right-of-way, or public place to be encumbered
by any encroachment of any kind, including but not limited to prohibition
against buildings, structures, trash bins or dumpsters, storage units
and the like, except as permitted under this chapter.
B.
The placement of a temporary trash bin, dumpster,
storage unit, or similar container of any kind, upon a highway, street,
sidewalk, right-of-way or public place by any person other than agents
or employees of the Borough is permitted under the following conditions:
(1)
The container is properly illuminated on each of the
four sides with a reflector (SAE Class A) and a red iridescent stripe
and is conspicuously marked with the name and phone number of its
owner;
(2)
The placement of the container shall not block the
flow of vehicular or pedestrian traffic;
(3)
The container has no defect or faulty design which
would create a hazard to the general public;
(4)
The use of the container will not create offensive
odors or a health hazard or be allowed to overflow;
(5)
A canvas cover shall be placed over any open container
and shall remain continuously thereon during every night and on weekends;
(6)
A permit for the placement of the container shall
first be obtained from the Borough Clerk pursuant to this chapter.
D.
The placement of any temporary trash bin, dumpster,
storage unit or similar container of any kind, upon private residential
property is permitted under the following conditions:
(1)
The container is properly illuminated on each of the
four sides with a reflector (SAE Class A) and a red iridescent stripe
and is conspicuously marked with the name and phone number of its
owner.
(2)
The placement of the container shall only be permitted in the homeowner's driveway. If the homeowner does not have a driveway, the permit may be sought under Subsection B above.
(3)
The placement of the container shall not block the
flow of pedestrian traffic on public sidewalks or public rights-of-way;
(4)
The container has no defect or faulty design which
would create a hazard to the general public.
(5)
The use of the container will not create offensive
odors or a health hazard or be allowed to overflow.
(6)
A canvas cover shall be placed over any open container
every night and on weekends.
(7)
A permit for the placement of the container is first
obtained from the Borough Clerk pursuant to this chapter.
E.
Placement of permanent or temporary trash bins, dumpsters, storage
units, or similar containers of any kind, whether located on public
or private property, shall be subject to all applicable sections of
the New Jersey Administrative Code, New Jersey statutes and to all
applicable provisions located elsewhere in this Code, including building
and zoning ordinances.
[Amended 11-28-2006 by Ord. No. 3126-06]
A.
An application for a permit pursuant to this chapter
shall be made on forms approved and made available by the Borough
Clerk. The Borough Clerk may seek review by the Borough Administrator
and the Borough's safety personnel where necessary. The application
shall include but not be limited to the following information:
(1)
The name and address of the applicant and, if applicable,
the name and address of the owner and the renter of the container.
(2)
A description or diagram of the proposed location
proposed for the container.
(3)
A description of the container, including type, size,
identifying serial numbers, any other identifying words or numbers
for the container, and name of manufacturer.
(4)
The proposed use for the container, and a general
description of the items to be stored or discarded through use of
the container.
(5)
A copy of the lease or rental agreement for the container
between the applicant and the owner.
(6)
Such other information as shall reasonably be required
by the permit application and review of the permit application.
[Amended 6-7-1989 by Ord. No. 2539-89]
A fee of $25 shall be paid to the Borough Clerk
before any permit or renewed permit is issued pursuant to this chapter,
plus an additional charge of $5 per day, per meter, if the container
displaces any existing parking meters.
[Amended 11-28-2006 by Ord. No. 3126-06; 2-23-2015 by Ord. No. 3352-15]
A.
Permits for dumpsters and temporary trash bins. Each application,
if permitted, shall be granted for an initial period of only 15 days,
which may be renewed for a maximum additional period of 15 days. No
dumpster or temporary trash bin shall be permitted under this chapter
for a period of more than 30 days. No permit will be granted for placement
on public property unless there is a clear showing that the size of
the applicant's property cannot accommodate the requested dumpster
or temporary trash bin. Placement on public property must be authorized
by the Traffic Bureau of the Rutherford Police Department.
B.
Permit for storage unit. Each application, if permitted, shall be
granted for an initial period of only 30 days, which may be renewed
for a maximum additional period of 30 days. No storage unit or bin
shall be permitted under this chapter for a period of more than 60
days. This permit shall only be allowed in residential zones and shall
be limited to storage units that are being used to store personal
property while construction or rehabilitation is occurring at the
applicant's residential property. This permit shall only be allowed
for placement of a storage unit on private residential property. No
permit will be granted for placement on public property unless there
is a clear showing that the size of the applicant's property
cannot accommodate the requested storage unit. Placement on public
property must be authorized by the Traffic Bureau of the Rutherford
Police Department.
C.
Removal. Upon the expiration of the permit, a permit holder shall remove or cause the removal of the container from the public right-of-way or the private residential property. Any request for an extension beyond the limits set forth for permits respectively noted for dumpsters/temporary trash bins or storage units set forth in Subsections A and B may be extended by the Clerk upon a showing of good cause with the reasons therefor set forth in writing to the Clerk. The Clerk may seek the advice of the Borough Council for any extraordinary requests.
[Amended 6-7-1989 by Ord. No. 2539-89; 2-23-2015 by Ord. No.
3352-15; 9-28-2015 by Ord. No. 3376-15]
Any violation of the provisions of this chapter shall be punishable
by a fine of $50 for the first offense, and $100 for the second offense,
without a mandatory court appearance, and each day's continued
violation shall constitute a separate and distinct violation of this
chapter. All subsequent violations of any of the provisions of this
chapter shall be punishable by a fine of not more than $500 with a
mandatory court appearance and each day's continued violation
shall constitute a separate and distinct violation of this chapter.
All violations pertaining to private residential property shall be
enforced by the Building Department with the advice and consent of
the Health Department if necessary. All violations pertaining to public
property shall be enforced by the Rutherford Police Department.
