[Adopted 9-14-1998 by L.L. No. 12-1998 (Ch. 52, Art. III, of the 1968 Code)]
[Amended 12-13-2004 by L.L. No. 11-2004]
This article is adopted for the protection and
promotion of the public health, safety and general welfare of the
community by regulating within certain designated areas the use, placement
and storage of garbage and other waste materials as well as the use
and maintenance of bulk garbage containers referred to herein and
commonly known as "dumpsters" and "compactors."
Those persons or entities referred to in § 365-27 are responsible for compliance with this article and for the collection of garbage and waste materials in accordance with the requirements of this article. Such containers shall be emptied on a periodic basis to avoid the accumulation of garbage and waste materials which prevents the container cover from being closed or causes such material to fall onto the ground or creates noxious odors in the vicinity of the dumpster or compactor.
[Amended 12-13-2004 by L.L. No. 11-2004; 3-9-2009 by L.L. No. 7-2009; 10-22-2012 by L.L. No. 11-2012; 6-8-2020 by L.L. No. 5-20207-25-2022 by L.L. No. 6-2022; 11-14-2022 by L.L. No. 8-2022]
A.
Dumpster permits.
(1)
A dumpster permit issued by the Building Inspector is required for
the use or maintenance of a dumpster or compactor on real property
owned or leased by the Village or on privately owned real property
located in the D-1, D-2, D-3, D-4 and D-5 Business Zones within the
Village. All owners, tenants or lessees of real property so situated,
or the owners of businesses located thereon, shall be required to
obtain a dumpster permit for the property.
(2)
An application for a dumpster permit shall be submitted to the Building
Inspector.
(3)
The Building Inspector shall review the completed application and
recommend to the Village Board the approval or denial thereof, and
upon the Board's approval and direction, the Building Inspector
shall issue a dumpster permit, which shall have a duration of two
years. The Board of Trustees may refer applications for dumpster permits
to the Architectural Review Committee and/or the Planning Board for
review and comment.
(4)
A fee as set from time to time by resolution of the Board of Trustees
shall be required and accompany the application for a dumpster permit.
The Village Board shall be empowered to adjust the annual fee by subsequent
resolution or resolutions of the Board.[1]
[1]
Editor's Note: The current Fee Schedule is on file in
the office of the Village Clerk.
(5)
All existing container sites shall comply with the requirements of
this section within one year of the adoption of this article.
B.
Commercial dumpster license. All businesses engaged in the placement
of dumpsters and the collection of garbage, refuse, waste and recyclable
materials temporarily stored in dumpsters, compactors or other collection
vessels are required to first obtain a license to be issued by the
Village Clerk. Such license shall be for a period of 12 months and
shall be issued upon receipt of the certificate of insurance described
below and the following:
(1)
Certificate of commercial general liability insurance in an amount
not less than $1,000,000 and auto insurance for any vehicle used by
the license holder for collection of waste in an amount not less than
$2,000,000 or as otherwise deemed necessary by the Village Clerk.
(2)
Payment of a fee set from time to time by resolution of the Village
Board of Trustees.[2] An annual base fee applicable to all license applications shall be established that is no greater than the cost of processing all licenses issued under this section. An annual supplemental fee shall be applicable to all applications for the placement of dumpsters in municipal parking lots designated by the Village Board for improvements and personnel costs related to the deterrence and prosecution of illegal dumping in those designated locations. The supplemental fee shall not be in excess of the pro rata cost per dumpster license issued for the designated municipal parking lots for security camera installation and maintenance and for the cost of employee time and expense to police the designated areas for violations of Chapter 365 of the Village Code. The municipal parking lots to which supplemental fees shall apply are the Terry Street, Oak Street, and Church Street municipal parking lots. The Village Board shall be empowered to adjust the annual base fee and supplemental fee by subsequent resolution or resolutions of the Board.
[2]
Editor's Note: The current Fee Schedule is on file in
the office of the Village Clerk.
(3)
Commencing on the effective date of this amendment the base fee for
dumpster license applications received thereafter shall be $50 per
dumpster and the supplemental fee for applications to place dumpsters
in the municipal parking lots designated by the Village Board shall
be $300 per dumpster.
(4)
A list of the names, addresses, and phone numbers of all customers
authorized by agreement with the license holder to use said dumpster,
container, compactor or other vessel for the placement of waste prior
to collection by the license holder.
C.
Revocation of commercial dumpster license. Any commercial dumpster license issued pursuant to this article may be revoked after a hearing by the Village Board of Trustees if the holder of such license is found to be in violation of any provision of this Chapter 365 of the Village Code on not less than three occasions within an eighteen-month period.
[Amended 12-13-2004 by L.L. No. 11-2004; 11-14-2022 by L.L. No. 8-2022]
A.
An application for a dumpster permit shall include plans for the
proposed dumpster or compactor which shall show:
B.
Minimum requirements for container, container platform and container
enclosure.
(1)
The surface on which the container is located shall be asphalt or
concrete of sufficient strength to withstand all forces subjected
to it during normal service conditions.
(2)
All waste, refuse and garbage containers, including additional special
containers used for the handling of grease, fats and recyclable materials,
are regulated by this article.
(3)
The container and any additional special containers or equipment
used in connection therewith shall be completely enclosed by siding
affixed to a permanent frame that is approved by the Building Inspector.
Containers not visible from a public way are not required to be enclosed.
The height of the enclosure shall be at least one foot greater than
the highest point of the container within the enclosure.
(4)
The container shall be aligned within the enclosure and/or designed
or equipped with features or accessory devices to allow for convenient
access by authorized users for the placement of waste within the container,
and the full closure of a lid over the waste within the container.
(5)
Construction of the enclosure shall be inspected and approved by
the Building Inspector.
(6)
The size of the container must be commensurate with the volume of
waste generated by the authorized users of the container.
(7)
The names of the license holder collecting waste from that container
as well as the name(s) of all authorized users of that container shall
be displayed legibly on the container. This disclosure must be updated
within 15 days of assigning or substituting the authorized users of
the container(s).
C.
A container or compactor is required for the receipt and storage
of garbage except where there is provided a compactor within the structure
of the premises served and which compactor is used in lieu of an exterior
compactor.
D.
Notwithstanding any approval given by the Village Building Inspector
to the license holder with respect to container or enclosure location,
size, design, or frequency of collection, the license holder and all
authorized users of the containers shall both be responsible to collect
and remove all waste in and around the container and its enclosure
at each regular collection arranged by agreement with the customer
for whom the container is provided. Failure to remove all such waste
and leave the area in and around the enclosure broom clean after a
regularly scheduled collection shall be a violation of this article.
"Broom clean" shall mean free of all waste left outside of the container
or the container's enclosure. In the event that the license holder
or authorized user(s) of the container shall fail to remove all waste
in and around the container within 24 hours of issuance of a notice
of failure to collect transmitted to the license holder and authorized
users of the container by the Village, the Village may remove or cause
to be removed such waste and the license holder and all authorized
users of the container shall be liable to the Village for the actual
cost of removal and disposal of such waste.
E.
The license holder shall maintain the appearance of the container
free from rust and graffiti and shall maintain and promptly repair
any damage to the container or enclosure regardless of cause. Failure
to maintain the appearance or perform repairs to containers or enclosures
within 10 business days of written notice of damage from the Village
shall be a violation of this article. In the event that the license
holder shall fail to make necessary repairs to fencing or enclosures
10 business days of written notice of damage from the Village, the
Village may make such repairs and the license holder shall be liable
to the Village for the actual cost of repair.
F.
Notwithstanding any approval given by the Village Building Inspector
to the license holder with respect to container or enclosure location,
size, design, or frequency of collection, in the event that the Village
identifies a condition which in the opinion of the Village poses a
health or safety hazard, the Village may remove or cause to be removed
the waste causing that condition immediately and without notice to
license holder and authorized user of the container and the license
holder and all authorized users of the container shall be liable to
the Village for the actual cost of removal and disposal of such waste.
A.
Garbage and waste must be completely contained within
the container. There shall be no accumulation of garbage or waste
outside the confines of the container or above the container so as
to prevent the container cover from being firmly closed.
B.
No container shall be located on a public right-of-way
or Village-owned or Village-leased real property without the permit
required by this article.
C.
Containers shall be leakproof, structurally sound,
kept in good repair and easily opened and closed. Containers and enclosures
shall not show rust or deterioration.
[Amended 12-13-2004 by L.L. No. 11-2004]
D.
All containers shall have the name of the company
supplying the containers and the name of the individual or company
billed for such containers, clearly printed in letters at least three
inches high on the front of such container. The adequacy of the notice
location shall be approved by the Building Inspector.
[Amended 10-22-2012 by L.L. No. 11-2012]
Relief from provisions of this article may be
obtained by application to the Board of Trustees, said application
to contain a statement detailing the hardship and the relief requested.
The Board of Trustees shall review the application and render a decision
thereon within 30 days.
Compliance with the provisions of this article
shall be the joint and several obligation of:
[Added 3-9-2009 by L.L. No. 7-2009]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
