City of Beverly, MA Article I Dumpsters

[Adopted as Art. XIV, §§ 14.01 and 14.02, of the Code of Ordinances]

§ 244-1 Dumpster regulations.

Dumpster regulations for the storage and transportation of garbage, rubbish or other substances are established as follows:

A. Location generally. Each dumpster must be located at a minimum distance of 10 feet from the lot line so as not to interfere with the safety, convenience or health of abutters or residents.

B. Obstruction of traffic flow. Each dumpster must be situated so as not to obstruct the flow of traffic.

C. Enclosures and screening. When deemed necessary by the Board of Health, a dumpster site may be required to be enclosed or screened/shielded by the property owners or authorized agent.

D. Hours of filling. A dumpster is not to be filled between the hours of 11:00 p.m. and 7:00 a.m. in residentially zoned areas nor after the close of the business day for all types of business properties. All lids are to be closed and made secure when the dumpster is not in use.

E. Capacity and size; pickup schedule for apartment buildings. Each dumpster shall be of sufficient size and capacity to eliminate overflowing. Routine weekly scheduled pickups shall be mandatory for apartment buildings.

F. The property owner, tenant, occupant or authorized agent of the premises utilizing the services must notify the contractor at least 24 hours in advance for an additional call-in for pickup which may be necessary to prevent overflowing.

G. Whenever and for whatever reasons deemed necessary, including repeated violations, the Board of Health may order dumpster capacity size changed and/or additional pickups.

H. The property owner, tenant, occupant or authorized agent utilizing a dumpster service must make known to the Board of Health the name and telephone number of the person responsible for maintaining the dumpster and dumpster area and notifying the contractor to empty contents when full. Any changes in the name of the person(s) shall be reported to the Board of Health forthwith.

§ 244-2 Construction or alteration projects.

[Amended 4-18-1989 by Ord. No. 156]

A. Any person(s) maintaining a dumpster on private property for purposes other than for domestic rubbish (i.e., construction debris such as, but not limited to, brick, earth, plaster, lathing, roofing materials, siding, lumber, plumbing fixtures) shall keep such dumpster(s) off all public ways, including City sidewalks.

B. No dumpster used for construction/alteration projects in residential areas shall be in use for more than a thirty-day period without written approval of the Board of Health.

C. Dumpster permit required; fee. The property owner, tenant, occupant or authorized agent responsible for maintaining the dumpster service is required to have a permit from the Board of Health for each dumpster. This permit requirement shall not apply to any homeowner using a dumpster under the provisions of Subsection B above. The responsible party shall apply for a permit by filing an application at the Board of Health office, and the information shall include the owner's address, telephone number, address of the property being serviced, the name and telephone number of the contact person in charge at the property site and any other information deemed necessary by the Board of Health. All permits shall expire December 31 of every year and may be renewed annually on application as provided.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

D. Permit required for dumpster service; fee. No contractor, firm or person shall supply a dumpster service in the City for the purpose of storage, removal or transporting of garbage, rubbish or other offensive substances, as well as rubbish, trash, debris and other material, including scrap, without first obtaining a permit from the Board of Health. All permits shall expire on December 31 of every year and may be renewed annually on application as provided. Notwithstanding the provisions that may be in conflict with the Massachusetts General Laws and the revised ordinances of the City, this permit requirement shall be binding upon all parties concerned.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. Maintenance; dumpster pads. It shall be the responsibility of the property owner, tenant, occupant or agent being serviced to maintain the dumpster and dumpster area free of all nuisances, including, but not limited to, insects, rodents, offensive odors, leaking conditions, scattered debris, and overflowing conditions.

(1) The dumpsters shall be free of any holes and dumpsters provided with drain plugs shall be properly fitted with a plug.

(2) Dumpster pads may be required to be installed if the Board of Health deems it necessary upon inspection of the dumpster site.

F. Display of contractor name and telephone number. The contractor shall have its name and telephone number conspicuously displayed on the dumpster.

G. Hours of removal of dumpster contents. No contractor shall remove dumpster contents prior to 7:00 a.m. nor later than 8:00 p.m.

H. Deodorizing, washing and sanitizing. The dumpster contractor shall have the dumpster deodorized when emptied or, if necessary, washed, steamed, and/or sanitized as directed by order of the Board of Health.

I. Spillage of garbage; cleanup required. The contractor shall not cause nor allow spillage during removal or transportation of any garbage, rubbish or other offensive substance and shall be responsible for any cleanup required.[3]

[3] Editor's Note: Original Section 14.02(k) of the Code of Ordinances, Penalty for violation, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III). See now § 244-6 of this chapter.