[HISTORY: Adopted by the Mayor and Council of the Borough of Garwood 10-27-2015 by Ord. No. 15-19. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 146.
No person shall place any receptacle commonly known as a "dumpster," "roll-off dumpster" or "roll-off container" (hereinafter called "dumpster") on or along any Borough street or Borough property unless permitted under this section and in accordance with this chapter. Unless deemed infeasible by the Chief of Police or his designee, dumpsters shall be placed on the property to be serviced by same, and not on the street. Where location on the property being serviced is deemed infeasible by the Chief of Police or his designee, placement of a dumpster on the street may be permitted. Upon approval, a permit issued shall be valid for a period of 14 days, subject to extension as set forth in § 77-8.
No person shall cause any dumpster to be placed anywhere in the Borough unless a permit for same shall have been applied for and obtained from the Chief of Police or his designee in accordance with this chapter. Upon approval, a permit issued shall be valid for a period of 14 days, subject to extension as set forth in § 77-8.
If permitted to be located on street, the dumpsters shall be located directly in front of or on the side of (if a corner lot) the property utilizing the dumpster. Additionally, a dumpster placed on street shall:
Be located not more than 12 inches from the curb or curbline;
Not obstruct driveways of abutting properties; and
Be removed immediately in the event of a snow emergency. The period of time that a dumpster has been removed due to a snow emergency shall be added to the period for which a permit has been issued.
If, in the discretion of the Chief of Police or his designee, the remaining usable width of the roadway will not allow for the safe passage of motor vehicles, no permit shall be issued.
To warn the operators of vehicles of the presence of any dumpsters parked on or along any street, dumpsters shall be equipped with and display markers consisting of all red or all yellow reflective diamond-shaped panels having a minimum size of 16 inches by 19 inches. These panels shall be mounted at the edge of the dumpster or container at both ends nearest the path of passing vehicles and facing the direction of oncoming traffic. These markers shall have a minimum mounting height of three feet and a maximum mounting height of five feet from the bottom of the panels to the surface of the street. In addition, traffic cones will be placed around the container.
Containers must be properly labeled with the name, address and phone number of the company supplying the container.
The following requirements shall be maintained while the dumpster is on the subject property or on the street:
The area around the dumpster shall be kept free of debris and litter;
Any dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within 24 hours;
Any dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor;
A full dumpster shall be removed from the property or the street within two business days.
Any permission for dumpsters as defined herein must be applied for by way of an application for a permit through the Police Department, on such form as the Police Department shall devise. A fee for a permit shall be:
The Chief of Police or his designee may renew the permit for the dumpster to remain on the subject premises for additional fourteen-day periods. Dumpsters located on public streets may not remain for longer than three fourteen-day renewal periods, a total of 56 days.
Persons requiring permits must apply at least five working days before placement of container, to allow inspection of site on the roadway by the Public Works Department and Police Department.
The Borough Engineer, after consultation with the Police Department and the Public Works Department, will determine if the placement of said dumpster has caused any damage to the roadway. The permit holder shall reimburse the Borough for the cost of repair within 15 days of receipt of notice of same. Failure to reimburse the Borough shall be deemed a violation of this chapter. The Borough Engineer shall certify the costs thereof to the governing body. Upon receipt of the certificate, the governing body shall examine same, and if found correct, shall cause such cost to be charged against the lands of the permit holder. The amount charged shall thereupon become a lien upon such lands and shall be added to and become part of the taxes next to be levied and assessed upon such lands, said amount to bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes.
Owners and occupants of property and owners of dumpsters shall be liable for any violation. A person who is convicted of a violation of this chapter shall pay a fine of not less than $200 and no more than $1,000 for each violation. Repeat offenders shall pay a fine of not less than $500 and no more than $2,000 or be subject to imprisonment in the county jail for a period of 90 days or community service may be imposed for a period not to exceed 90 days.