[HISTORY: Adopted by the Mayor and Council of the Borough
of Dumont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-21-2010 by Ord. No. 1413; amended in its entirety 9-5-2023 by Ord. No. 1623]
This article requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking or otherwise discharging
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Dumont and/or
the waters of the state so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply. This
article is also intended to establish the permit fees for dumpsters
to encourage the regulation of same and an escalating cost to maintain
permits for them to encourage expeditious use of them and the prompt
removal of these unsightly and often odorous containers.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) that is owned or operated
by the Borough of Dumont or other public body and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Any waste container, commonly referred to as a dumpster,
that a person controls, whether owned, leased or operated, including
trash cans, garbage pails and plastic trash bags.
A dumpster placed on-site for a period not to exceed 30 days
and intended to accommodate the disposal of debris created by common
renovations, including, but not limited to kitchen, bathroom, roof,
siding and basement improvements and upgrades.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
Any person who controls, whether owned, leased or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
B.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Dumont.
C.
Every day after the initial citation for violation of this section
may be considered a separate violation, in the discretion of the Municipal
Prosecutor and Municipal Court Judge.
The following are exceptions to the prohibitions set forth in
this article:
A.
Litter receptacles (other than dumpsters or other bulk containers).
B.
Individual homeowner trash and recycling containers.
C.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
D.
Large, bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This article shall be enforced by the Dumont Police Department
and/or Superintendent of Public Works and/or Zoning Officer and/or
Assistant Zoning Officer and/or Construction Official of the Borough
of Dumont. The Construction Official shall create such forms as are
necessary to document the issuance of permits under this section,
the dates of issuance, expiration, fees collected and such other information
as deemed necessary.
A.
The dumpster permit fee shall be $100 and will be valid for one year.
Subsequent permit fees shall be $500 and valid for six months. The
fee for any portion of the next two succeeding six-month periods shall
be $500. The fee for any portion of the next six-month period and
any portion of a subsequent six-month period shall be $1,000. The
fee shall be paid for each dumpster present on the site. Dumpsters
may be exchanged for empty replacements when removed after being filled
for no additional fee except as set forth below.
B.
These fees shall be paid by the person requesting the dumpster and
to be placed on the property prior to the issuance of a dumpster permit.
C.
For small projects in which a dumpster is not needed for an extended period of time short-term dumpster permit will be issued, subject to all of the provisions of this Chapter for a period of up to 30 days. The permit fee for a short-term dumpster shall be $25. If a short-term dumpster remains on the property for more than 30 days it shall convert to an ordinary dumpster and the fees set forth in § 196-6A shall be paid and collected with no credit for the $25 fee initially paid.
D.
The owner of the property where the dumpster is placed shall bear
responsibility for the payment of the fee.
The failure to pay the fee or have a current permit in place
shall subject the owner of the property and any other persons adjudged
guilty to imposition of a fine of $100 to $250 for a first offense;
$250 to $500 for a second offense; and $500 to $5,000 for a third
or subsequent offense.
Any person or entity applying for and receiving a permit hereunder
shall cause to be repaired any damage to the public roadway, curbs,
sidewalks or utilities to the specifications of the Borough of Dumont
or the utility company that is damaged. If said repairs are not made
within 30 days of notice, the Borough of Dumont may make such repairs
and pay for same out of the municipal funds available for that purpose.
The cost of such work shall be certified by the department or person
having charge thereof to the person or department having charge of
the collection of assessments in the Borough and upon the filing of
said certificate the amount of the cost of such work shall be and
become a lien upon the property for which the permit was issued and
said sum shall be collected in the manner provided by law for the
collection of such other assessments, and shall bear interest at the
same rate in addition thereto; the Borough may commence an action
to recover the said amount against the owner of said lands, and in
any court having competent jurisdiction thereof a certified copy of
the aforesaid certificate shall in such action be prima facie evidence
of the existence of a debt due from the said owner to the municipality.
Dumpsters, waste and refuse containers proposed to be placed
on public property shall be subject to the fees set forth above and
governed by N.J.S.A. 27:51-1 which is incorporated herein in its entirety
as set forth below:
A.
No person shall park or leave unattended any waste or refuse container,
commonly known as a roll-off dumpster or roll-off container, on or
along any highway or public property, without the written consent
of the appropriate municipal, county, or State authority having jurisdiction
over the highway or public property. Consent shall be valid and remain
in effect for a period of not more than 30 days, but may be renewed
by the appropriate official upon application therefor.
B.
To warn the operators of vehicles of the presence of a traffic hazard
requiring the exercise of unusual care, any roll-off dumpster or roll-off
container parked on or along any highway 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.
C.
A person who is convicted of a violation of this section shall pay
a fine of not more than $100 for each violation. In default of the
payment of a fine, imprisonment in the county jail for a period of
not more than 90 days may be imposed. The fine shall be paid over
to the board or body charged with the maintenance of the road or highway
upon which the violation occurs.
D.
The Borough of Dumont designates to the Police Chief, or his/her
designee, the authority to consent to such placement on behalf of
the Borough of Dumont.
