This Article may be cited as "The Waste Dumpster
Ordinance of the Municipality of Kingston," hereinafter referred to
as the "Dumpster Ordinance".
The provisions of the Dumpster Ordinance and
rules and regulations of the office of building inspection interpreting
such provisions shall become effective as hereinafter specified.
The Dumpster Ordinance is hereby declared to
be remedial and shall be constructed to secure the beneficial interests
and purposes thereof, which are public safety, health and welfare,
by providing a system of specifications, regulations and licensing
to ensure that the location of waste dumpsters within a public right-of-way
does not impede or endanger the free flow of pedestrian or vehicular
traffic within the municipality; it is the intent and purpose to further
protect the health, safety and welfare of the general public of the
municipality.
Regulations applicable to the permit requirements
for the placement of construction or nonconstruction waste dumpsters
upon a public right-of-way are as follows:
A. It shall be unlawful for any person to place upon,
cause to be placed upon or permit to remain upon a public right-of-way
a construction or nonconstruction waste dumpster without first filing
with the Code Enforcement Officer an application, in writing, and
obtaining a formal permit. The duration of such permit shall be stated
thereon, and the continued validity of such permit shall be contingent
upon full compliance with the regulations set forth in this Article.
B. An application for a permit shall be filed with the
Office of Code Enforcement by the property owner or a licensed contractor
employed in their respective field by the property owner in connection
with the placement of a construction or nonconstruction waste dumpster.
An application must be signed by the property owner and, in the case
of a permit being issued to a licensed contractor employed by the
property owner, an application permit must also be signed by the contractor.
C. All permits issued shall cover only the work set forth
in the permit application; however, in the event that it is necessary
to replace a construction or nonconstruction waste dumpster upon a
public right-of-way prior to the completion of said work, additional
permits shall not be required.
D. The placement of only one dumpster per job site upon
a public right-of-way shall be permitted at any one time.
E. No permits shall be issued by the Code Enforcement
Officer if, in his opinion, the location and placement of this construction
or nonconstruction waste dumpster will create a safety hazard to the
use of the sidewalk area, treelawn area or cartway by pedestrians
or vehicles.
F. Upon the issuance of a construction or nonconstruction
dumpster permit by the Code Enforcement Officer, the permit must be
displayed in a conspicuous place in front of the premises plainly
visible to passersby and kept there for the duration of the permit.
The applicant is responsible for the maintenance of this permit and,
should it be destroyed or removed, must immediately obtain another
copy.
A fee of $15 shall be paid for each construction
or nonconstruction waste dumpster permit issued by the Code Enforcement
Officer.
A construction waste dumpster shall be permitted
to be placed upon a public right-of-way for a maximum period of 10
days during building construction, repair or demolition projects for
which a building permit was secured from the Office of Code Enforcement.
The Code Enforcement Officer for cause shown (i.e. such as inclement
weather conditions which prohibit or delay work or other valid reasons
of similar nature) shall have the discretion to approve a time extension
for a construction waste dumpster; however, under no circumstances
shall a construction waste dumpster be permitted to be placed upon
a public right-of-way exceeding 45 days. Also, in no event shall a
full waste dumpster be allowed to remain in the public right-of-way,
notwithstanding the time period specified above, for more than 72
hours.
A nonconstruction waste dumpster shall be permitted
to be placed upon a public right-of-way for a maximum of five consecutive
days. The Code Enforcement Officer for cause shown (i.e. such as inclement
weather conditions which prohibit or delay work or other valid reasons
of similar nature) shall have the discretion to approve a time extension
for a nonconstruction waste dumpster; however, under no circumstances
shall a nonconstruction waste dumpster be permitted to be placed upon
a public right-of-way exceeding 30 days. Also, in no event shall a
full nonconstruction waste dumpster be allowed to remain in the public
right-of-way, notwithstanding the time period specified above, for
more than 72 hours.
Regulations applicable to the placement of construction
or nonconstruction waste dumpsters upon a public right-of-way are
as follows:
A. The placement of a construction or nonconstruction
waste dumpster upon a public right-of-way must be temporary in nature
and must be one that can be readily removed from the right-of-way.
B. A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall not extend into a cartway, nor impede
or endanger the free flow of pedestrian or vehicular traffic.
C. A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall not be placed within 20 feet of a
crosswalk at an intersection.
D. A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall not be placed within 15 feet of a
fire hydrant.
E. A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall bear the owner's name and telephone
number displayed in a conspicuous place plainly visible to passersby
and kept there for the duration of the permit.
F. A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall bear reflective markings in sufficient
positions and with sufficient reflective capacity to provide reasonable
warning to approaching nighttime traffic of its location, and a standard
barricade light shall be placed in operation on the dumpster side
nearest the travel lane of the public right-of-way from sunset to
sunrise.
G. No public right-of-way shall be closed for the purpose
of location or utilization of a construction or nonconstruction waste
dumpster.
H. The location and utilization of a construction or
nonconstruction waste dumpster upon a public right-of-way shall not
be such as to constitute a safety hazard to person or property.
I. The placement of a construction or nonconstruction
waste dumpster shall not extend into the sidewalk area any more than
one-third (1/3) the width of the sidewalk area, but in no case more
than three feet.
J. The placement of a construction or nonconstruction
waste dumpster shall not extend into the treelawn area unless approved
by the Code Enforcement Officer.
K. Where a construction or nonconstruction waste dumpster
is placed upon a portion of public right-of-way within a parking meter
zone, authorization from the Kingston Police Department to bag the
meter or meters must be secured for all affected meters, at a fee
of $5 per day, Monday through Saturday, per meter.
L. The location and utilization of a construction or
nonconstruction waste dumpster placed upon a public right-of-way shall
be in compliance with all other federal, state and local statutes,
rules and regulations applicable thereto.
A nonconstruction waste dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in §
103-31C of this Article.