[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 1-20-1988 by L.L. No. 1-1988. Amendments noted where
applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 85.
[1]
Editor's Note: The title of this chapter was revised
from "Dumpsters and Other Rubbish Containers" to "Dumpsters, Portable
Lavatories and Storage and Rubbish Containers" 12-17-2008 by L.L.
No. 2-2008.
[Amended 4-30-2003 by L.L. No. 4-2003; 12-17-2008 by L.L. No. 2-2008]
No dumpster, portable lavatory, storage container or container,
receptacle or other object for the collection of rubbish or debris
shall be placed upon any private property for more than 30 days or
upon any street or sidewalk or other public property in the Village
of Kensington without a permit.
[Amended 4-30-2003 by L.L. No. 4-2003; 12-17-2008 by L.L. No. 2-2008]
A.
Any person desiring a permit under this chapter shall make a written
application therefor specifying the exact proposed location of such
dumpster, portable lavatory, storage container or container, receptacle
or other object for the collection of rubbish or debris, the size
and capacity thereof, the name of the owner of the abutting property,
the length of time that said use is required and any other information
as may be required.
B.
Any permit issued pursuant to this chapter shall be valid only for
48 hours unless the duration of the permit is otherwise specified
in writing on the permit. In no event shall any permit issued hereunder
be valid for more than 90 days.
C.
All such dumpsters, portable lavatories, storage containers or containers,
receptacles or other objects for the collection of rubbish or debris
permitted pursuant to this chapter shall bear an identification number
assigned by the Village, and the name, address and telephone number
of the person responsible therefor shall be prominently displayed
thereon.
D.
All such dumpsters, portable lavatories, storage containers or containers,
receptacles or other objects for the collection of rubbish or debris
which remain in place during any of the hours between sunset of one
day and sunrise of the next day shall be equipped with suitable reflectors
and barricaded with flashing lights or other warning or protective
devices as may be required in order to avoid a hazard to vehicular
or pedestrian traffic. Any such reflectors shall be capable of reflecting
motor vehicle headlights at a distance of at least 500 feet.
E.
Where possible, dumpsters, portable lavatories, storage containers
or containers, receptacles or other objects for the collection of
rubbish or debris shall be located so they are not visible from the
street.
[Amended 12-17-2008 by L.L. No. 2-2008]
Prior to and during the location or installation of any dumpster,
portable lavatory, storage container or container, receptacle or other
object for the collection of rubbish or debris hereunder, the applicant
must demonstrate compliance with the following standards and any other
applicable laws:
A.
The applicant must produce a certificate of liability insurance,
naming the Village as an additional insured, in an amount not less
than single limits of $500,000.
B.
A separate permit must be requested and obtained for each dumpster,
portable lavatory, storage container or container, receptacle or other
object for the collection of rubbish or debris proposed to be located
on a street, sidewalk or public property.
C.
No dumpster, portable lavatory, storage container or container, receptacle
or other object for the collection of rubbish or debris may exceed
20 cubic yards of capacity.
D.
Any dumpster, portable lavatory, storage container or container,
receptacle or other object for the collection of rubbish or debris
which contains animal or vegetable refuse shall be kept covered at
all times with a metal cover or other suitable approved covering.
E.
No dumpster, portable lavatory, storage container or container, receptacle
or other object for the collection of rubbish or debris may be placed
within 25 feet of any intersection or in any location not approved
by the Village.
[Amended 12-17-2008 by L.L. No. 2-2008]
A.
The Village may, in its discretion, refuse to issue a permit if it
deems the same to constitute a danger to public safety or an unwarranted
interference with the efficient movement of vehicular or pedestrian
traffic.
B.
The Mayor or his designee may revoke a permit for the same reasons
as he may refuse issuance of a permit or for violation of the provisions
of this chapter, and if the dumpster, portable lavatory, storage container
or container, receptacle or other object for the collection of rubbish
or debris is not removed within 24 hours after notification of such
revocation, the same may be removed by the Village and stored at the
owner's expense.
C.
If the Mayor or his designee shall determine at any time that an
emergency situation exists with respect to a dumpster, portable lavatory,
storage container or container, receptacle or other object for the
collection of rubbish or debris, he may cause the same to be removed
and stored at the expense of the owner.
Any appeal from the refusal to issue a permit hereunder or the
revocation of a permit hereunder or from the imposition of any condition
hereunder shall be made in writing to the Board of Trustees within
30 days of the determination. The pendency of any such appeal shall
not affect the efficacy of the determination appealed from.
The provisions of this chapter shall not apply to containers
or receptacles used for normal residential garbage collections nor
to bundled newspapers which have been placed by the curb for pickup.
[Amended 5-17-1989 by L.L. No. 1-1989]
Each person who violates any provision of this chapter shall,
for each and every day that said violation continues, be subject to
a fine of not more than $1,000 or imprisonment for a period not to
exceed six months, or both such fine and imprisonment.
