[Adopted 1-15-1982 by Ord. No. 82-14-827[1]]
[1]
Editor's Note: Section 2 of this ordinance provided that "penalties for violation of any provision of this ordinance shall be as provided in § 1-15 of the Code of the Borough of Cresskill."
[Amended 10-1-1997 by Ord. No. 97-21-1178]
A. 
No container, dumpster, receptable or other object for the collection of rubbish or debris shall be placed upon any property without a permit issued by the Building Department;
[Amended 4-1-2020 by Ord. No. 20-04-1554]
B. 
Trash receptacles are to be placed at the curb for pickup no earlier than the night before pickup. They are then to be removed from the curb and stored in a suitable place near the house by the following evening. Failure to do so may result in the issuance of a summons and a fine not to exceed $500.
A. 
Any person desiring a permit under this article shall submit a written application to the Building Department, specifying the exact proposed location of their dumpster, container, or other receptacle, the size and capacity thereof, the name of the owner of the adjacent property, the length of time that the dumpster will be used, and such other information as may be required by the Building Department.
[Amended 4-1-2020 by Ord. No. 20-04-1554]
B. 
All such containers shall bear an identification number assigned by the state, and the name, address and telephone number of the person responsible therefor.
C. 
All such dumpsters, containers or other receptacles which remain on the public street or sidewalks during the hours between sunset of one day and sunrise of the next day shall be equipped with suitable reflectors or other warning devices as may be required by the Superintendent of Public Works. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of 500 feet.
D. 
Unless the length of time on the subject permit is specified, any permit issued pursuant to § 230-104 of this article shall only be valid for 48 hours.
[Amended 4-1-2020 by Ord. No. 20-04-1554]
The application for a permit shall be accompanied by a fee of $25. In addition, the Building Department may, in its discretion, require an indemnity deposit not to exceed $500, to reimburse the Borough if the property owner refuses to abate any violation of this article.
[Amended 4-1-2020 by Ord. No. 20-04-1554]
A. 
The Building Department may, in its discretion, refuse to issue a permit if deems same to constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
B. 
The Building Department may revoke a permit for the same reasons noted in Subsection A above, and, if the dumpster or other receptacle is not removed within 24 hours after notification, the Borough may arrange to have same removed and stored at the property owner's expense.
C. 
If the Building Department shall at any time determine that an emergency situation exists with regard to the dumpster or other receptable, the Department may cause the removal of the dumpster(s) without notice, at the owner's expense.
D. 
This section is public notice that upon petitioning the Borough for a dumpster permit, the property owner does hereby authorize the Borough to lien its property to recoup all reasonable expenses if the Borough must remove the dumpster as a result of the licensee's breach of this article.
[Amended 4-1-2020 by Ord. No. 20-04-1554]
The provisions of this article are not intended to apply to containers or receptacles used for normal weekly garbage collection.
[Amended 4-1-2020 by Ord. No. 20-04-1554]
Any reference herein to the Building Department shall be interpreted to mean the Building Department of the Borough of Cresskill.
[Added 4-1-2020 by Ord. No. 20-04-1554]
A. 
Single-family residential zones. No dumpster shall be located within 10 feet of an adjacent property, unless the occupant of the adjacent property agrees to such and signs the authorization form which shall be submitted with the permit application for the dumpster. No dumpster shall be placed so that it blocks any public sidewalk or street.
B. 
Multifamily, commercial and industrial zones. No dumpster shall be located within 10 feet of an adjacent residential property unless the occupant of the adjacent property agrees to such and signs the authorization form which shall be submitted with the permit application for the dumpster. No dumpster shall be located anywhere in the Borough unless a permit is obtained from the Borough's Building Department.
C. 
If permitted by ordinance and the dumpster is placed on the public street or alley, the dumpster shall be directly in front of or on the side of the property address utilizing the dumpster. Additionally, a dumpster placed in the street shall:
(1) 
Not be more than 18 inches from the curb;
(2) 
Not obstruct driveways of adjacent properties and not obstruct vehicle or pedestrian traffic;
(3) 
Be protected at both ends by a barricade, which, after sunset, shall have a flashing yellow light attached to it; and
(4) 
All such dumpsters, containers or other receptacles which remain on the public street or sidewalks during the hours between sunset of one day and sunrise of the next day shall be equipped with suitable reflectors or other warning devices as may be required by the Building Department. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of 500 feet.
D. 
A dumpster shall not be placed on a public street if on-street parking is not permitted on that street.
E. 
Time limitations.
(1) 
Single-family residential zones. A construction dumpster and any replacement dumpster not in a public street may be placed for a thirty-day period, once every six months. A construction dumpster and any replacement dumpster placed upon a public street may be placed for a period not exceeding 14 consecutive or concurrent days in any six-month period.
(2) 
Multifamily and commercial. A construction dumpster and any replacement dumpster not in a public street may remain on the site as long as required, but shall not exceed a total of six months. A construction dumpster or any replacement dumpster placed upon a public street may be placed for a period not exceeding 14 consecutive or concurrent days in any six-month period.
(3) 
Industrial. A dumpster or any replacement dumpster may remain on the site as long as needed, but not to exceed a total of 18 months.
F. 
Sanitation. The following requirements shall be maintained while the dumpster is on or at the site:
(1) 
The area around the dumpster shall be kept free of debris and litter;
(2) 
Any dumpster into which animal or vegetable waste or food material has been dumped or deposited shall be removed or emptied within 24 hours;
(3) 
Any dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor;
(4) 
A full dumpster shall be removed from the site and emptied within two days.
G. 
Usage. A dumpster shall only be used to contain and remove debris and material generated at the location where the dumpster is placed.
H. 
Identification. The name and telephone number of the owner of the dumpster and/or the company that is responsible for the dumpster shall be displayed in a weatherproof manner on the dumpster.
I. 
Permit required. A permit shall be required for a dumpster. The permit shall be issued on a plastic placard which must be adhered to the dumpster.
J. 
Abatement. Any dumpster not in compliance with this article is hereby declared to be a public nuisance and may be abated by the Borough at the owner's or responsible person's expense. Abatement, at the Borough's option, may include, but is not limited to, the removal and/or the emptying of the dumpster.
K. 
Enforcement of this article shall be undertaken by the Building Department and/or Police Department.
L. 
Violations; penalties.
(1) 
Violation of any provision of this article shall be punishable by a fine in an amount of not more than $500 (each daily infraction after the issuance of a summons shall be deemed a separate offense), or imprisonment for a term of not more than 30 days, or both.
(2) 
In addition, a person found guilty of a violation of this article shall be ordered to abate the problem and pay the cost incurred by the Borough if the Borough abated the problem.