[Adopted 2-26-2019 by Ord. No. 08-2019]
As used in this article, the following terms shall have the meanings indicated:
CHIEF OF POLICE or OFFICER IN CHARGE (OIC)
The senior sworn law enforcement officer of the Hackensack Police Department.
OWNER
The person having ownership of the roll-off container and either using the roll-off container for his or her own purposes or for leasing of the same.
PERSON
Any individual, association, company, firm, corporation, partnership, society or any other entity.
ROLL-OFF CONTAINER OR DUMPSTER
The type of container or dumpster usually associated with a vehicle containing hydraulic or mechanical capabilities to lift a prefabricated container from the ground onto the truck for transport purposes or to lift and dump the material contained therein into the body of said truck, the contents of which container is solid waste consisting of refuse, rubbish and other debris.
No person shall place or permit a roll-off container/dumpster to be placed upon any street or municipally owned parking lot within the City of Hackensack without first obtaining a permit therefor in accordance with the requirements of this chapter.
A. 
The Chief of Police or OIC shall issue a permit for the use of a roll-off container/dumpster as a temporary street obstruction prior to the placement thereof, upon satisfactory written application by either the owner or the user/permit holder, as follows:
(1) 
Each application shall be accompanied by a certificate of insurance, either from the owner or the user/permit holder, evidencing public liability coverage insuring the City in an amount not less than $500,000 for injuries, including accidental death for any one person, and subject to the same limit for each person in an amount not less than $1,000,000 on account of each occurrence; and a certificate of insurance either from the owner or the user/permit holder evidencing property damage coverage insuring the City in an amount not less than $100,000 on account of any occurrence and in an amount not less than $100,000 on account of all occurrences. All policies shall be so written that the City shall be notified of cancellation or restrictive amendment at least 15 days prior to the effective date of such cancellation or amendment.
(2) 
Prior to the issuance of such a permit, the Chief of Police or OIC shall consult with a City Constable or the Hackensack Police Department Traffic Bureau to determine that the proposed use of the roll-off container/dumpster does not constitute a traffic and/or safety hazard.
(3) 
The street upon which the roll-off container/dumpster shall rest shall be at least 30 feet wide from curb to curb.
(4) 
The roll-off container/dumpster can be effectively placed parallel to the curb with the street side of the container not more than eight feet, six inches from the adjacent curb.
(5) 
The roll-off container/dumpster 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.
(6) 
The roll-off container/dumpster shall not obstruct any part of the sidewalk or the sidewalk areas adjacent to the street.
(7) 
Each application for a permit hereunder shall be accompanied by a nonrefundable filing fee of $50 for residential properties and $250 for commercial properties, or such other fee as may be fixed from time to time by the City Council.
B. 
The Chief of Police or OIC may refuse the issuance of a permit hereunder if it is determined that the placement of a roll-off container/dumpster at any street location is likely to constitute a public nuisance or hazard because of contour, narrow width, traffic or other conditions peculiar to the street at or near the proposed location.
A. 
Each permit shall be of 14 days' duration and shall require a written application to extend the duration of the permit for an additional 14 days. Renewals shall be processed without requiring payment of an additional fee.
B. 
The permit shall be conspicuously posted on the job site.
C. 
The Chief of Police or OIC may revoke a permit if in his or her judgment a roll-off container/dumpster constitutes a public nuisance or hazard, and require its immediate removal from the roadway or municipal property. In the event the permit holder fails to do so, the City may remove the roll-off container/dumpster itself. In such instance, the permit holder shall be responsible for all costs incurred by the City in doing so.
A. 
During all times when the roll-off container/dumpster is in use, a tarpaulin or other suitable tight cover shall be placed over the roll-off container/dumpster in order to protect the contents from being displaced and/or causing litter on public or private property or creating dust, offensive odors or health hazards.
B. 
No roll-off container/dumpster shall leak or otherwise discharge liquids, semi-liquids or solids into the municipal sewer system of the City.
C. 
The contents of the roll-off container/dumpster shall be emptied and disposed of upon reaching the waterline of the roll-off container/dumpster.
D. 
The user/permit holder shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of the roll-off container/dumpster, and shall place wood planks, boards or some other suitable protective barrier beneath the wheels and/or feet of the roll-off container/dumpster to ensure that there is a cushion between the roll-off container/dumpster and the roadway upon which it sits.
E. 
In the event that a roll-off container/dumpster is situated in a "snow emergency no-parking area" as established by §§ 170-25 and 170-66 of this City Code, the user/permit holder shall immediately remove it from the roadway at any time whenever snow has fallen and the accumulation is such that the snow covers the street or highway. If the user/permit holder fails to do so, the City may remove the roll-off container/dumpster itself. In such instance, the permit holder shall be responsible for all costs incurred by the City in doing so and shall also be subject to the penalties for a violation of this article as provided herein.
F. 
The insurance required in § 93-23 hereof shall continue in full force and effect during the term of the license.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by a Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.