The placement of a dumpster and/or construction container upon a sidewalk, street or highway within the City of Perth Amboy by persons other than agents or employees of the City is hereby prohibited unless:
A. 
The dumpster and/or construction container shall be equipped with and display markers consisting of all yellow reflective diamond-shaped panels having a minimum size of 18 inches by 18 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 from the bottom of the panels to the surface of the roadway.
B. 
There is no defect or faulty design in the dumpster and/or construction container which would create a hazard to the general public.
C. 
The placement of the dumpster and/or construction container which must have the specific approval of the Department of Code Enforcement of the City of Perth Amboy shall not block the flow of vehicular traffic or pedestrian traffic and shall be covered and loaded in such a manner as to cause its contents not to spill onto the street or sidewalk areas.
D. 
The use of the dumpster and/or construction container will not create offensive odors or a health hazard. All dumpsters must remain covered with a hinged lid at all times, with the exception of fill times.
E. 
The dumpster and/or construction container is conspicuously marked with the name and address of its owners.
F. 
A permit for the placement of the dumpster and/or construction container is obtained from the Department of Code Enforcement of the City of Perth Amboy pursuant to this chapter, and evidence of such permit is displayed conspicuously on the property of the applicant by means specified by the Department of Code Enforcement.
G. 
The movement of a loaded dumpster onto other than construction property or City street is prohibited.
An application for a permit pursuant to the provisions of this chapter shall be made on forms approved and made available by the Department of Code Enforcement of the City of Perth Amboy. Such application shall include but not be limited to the following information:
A. 
The name and address of the applicant and, if applicable, the name and address of the lessor of the dumpster and/or construction container.
B. 
A description or diagram of the location where he proposes to place the dumpster and/or construction container.
C. 
A description of the dumpster and/or construction container which the applicant proposes to place on the sidewalk, street or any other public place of the City, which includes the name of the manufacturer, its capacity and a description of the reflectors required by this chapter.
D. 
The circumstance necessitating the use of the dumpster and/or construction container on a sidewalk, street or public place in the City.
E. 
The length of time the applicant plans to place the dumpster and/or construction container on the site, such time not exceeding 30 days.
All permits required by this chapter shall be in writing and issued by the Department of Code Enforcement of the City of Perth Amboy. The Department of Code Enforcement shall issue said permit if it appears that the applicant has a reasonable need to use a dumpster and/or construction container. Prior to the issuance of such a permit, the Department of Code Enforcement shall consult with the Police Director to determine that the proposed use of the dumpster and/or construction container shall not constitute a traffic and/or safety hazard. No permits shall be issued until the required fee, hereinafter described, shall be paid to the City.
There shall be no required fee for garbage disposal dumpsters. A fee of $100 per week shall be required for construction dumpsters.
Each application for a permit authorized under this chapter shall be accompanied by a policy or certificate of insurance, including the applicant and the City as named insured and evidencing general liability coverage to protect the public from bodily injury or property damage sustained as a result of the use of such dumpster and/or construction container. Such policy or certificate shall contain limits of at least $100,000/$300,000 for bodily injury and $50,000 for property damage and shall provide at least 30 days' notice of cancellation to be afforded to the Construction Official of the City of Perth Amboy.
A. 
No permit shall be granted by the Department of Code Enforcement for a term longer than 30 days, although, for good cause shown, a permit previously issued may be renewed for an additional thirty-day period.
B. 
Upon the expiration of the permit, the permit holder shall remove or cause to be removed the dumpster and/or construction container from the sidewalk, street or public place.
A. 
Any permit granted pursuant to this chapter may be revoked by the Department of Code Enforcement if:
(1) 
The permit holder has made any false statements in his application for a permit; or
(2) 
The permit holder fails to conform with any of the provisions of this chapter.
B. 
A decision by the Department of Code Enforcement to revoke any permit issued pursuant to this chapter shall be in writing and transmitted to the permit holder either in person or by certified mail. Such decisions shall clearly state the grounds for the revocation.
C. 
The permit holder may appeal the revocation to the governing body of the City of Perth Amboy. An appeal must be filed by permit holder with the City Clerk within seven days after the notice of revocation is received by the permit holder. Such appeal must state in writing the grounds for the appeal. The governing body shall then set a time and place for hearing and notify the permit holder in writing at least five days in advance of the hearing by mailing a notice to the address stated by the permit holder in the notice of appeal. The decision and order of the governing body shall be final and conclusive.