A.
The City of Long Branch shall provide municipal solid
waste collection services to all real properties located within the
City, subject to the terms, conditions and limitations contained in
this chapter. Such services shall include pickup of the items included
in the definition of "municipal solid waste," which may be commingled.
B.
The City of Long Branch shall also provide for the
collection and disposal of bulk waste and brush from residential properties
located within the City in accordance with the terms and conditions
contained in this chapter.
C.
The services referenced in Subsections A and B above shall be provided curbside along public roads and streets that have been dedicated to and accepted by the City. Employees or agents of the City shall not be required to enter upon private property in order to remove municipal solid waste, bulk waste or brush, and such services shall be limited to curbside collection, except as specifically provided in subsequent sections of this chapter.
D.
The date(s) and frequency of collection by the City
or the City's authorized agents shall be in accordance with a schedule
to be established by the Department of Public Works. Any changes or
deviation in the schedule of collections will be announced and made
public by the City.
E.
The municipal solid waste collection services provided
by the City or the City's authorized agents shall not include pickup
of the following items, and such items must be disposed of through
private arrangement of the property owner, lessee or occupant, at
their own expense:
F.
Under no circumstances shall any of the materials referenced in Subsection E above be collected by the City or the City's authorized agents, and it shall be a violation of this chapter for any property owner, lessee or occupant to place such materials (either separately or commingled with other materials) for collection by the City. However, a property owner, lessee 5 or occupant may arrange for the disposal of construction and demolition waste by the City or the City's authorized agents through the temporary use of a City-owned dumpster, as set forth in more detail in § 293-5 of this chapter.
G.
All municipal solid waste that is intended to be disposed
of through the City's municipal solid waste collection services shall
be thoroughly and completely drained of all liquids.
H.
All municipal solid waste that is intended to be disposed
of through the City's municipal solid waste collection services shall
be placed in a container(s) made of galvanized iron or heavy-duty
plastic, or in a heavy-duty plastic bag(s), for pickup. All containers
and bags shall be covered or closed, as applicable, at all times.
The term "container" shall include a receptacle, can or barrel. Containers
shall comply with the following requirements:
(1)
All containers shall have a capacity of not more than
32 gallons and shall not exceed 50 pounds when filled.
(2)
All containers shall be water tight.
(3)
All containers shall be provided with suitable handles
and a tight-fitting cover that will prevent access of flies and other
insects to the contents.
(4)
All containers shall at no time be filled any higher
than three inches below the top, shall be kept covered and in an upright
position and shall be regularly disinfected.
I.
All municipal solid waste that is intended to be disposed
of through the City's municipal solid waste collection services shall
not be mixed or commingled with any matter not specifically permitted.
J.
Each property or individual dwelling unit or individual
commercial, institutional, industrial or other type of unit, as applicable,
shall be limited to a total of four containers or four heavy-duty
plastic bags of municipal solid waste per unit per pickup day. Containers
or bags of leaves shall not be included in the computation of the
number of containers or bags of municipal solid waste.
K.
Property owners, lessees or occupants may agree to
forgo the municipal solid waste collection services provided by the
City and provide for their own collection and disposal services through
private arrangement at their own expense. if so, then such property
owners, lessees or occupants must advise the Director of the Department
of Public Works of such arrangement and provide the name, address
and telephone number of their hauler to the Director, along with such
other information as the Director of the Department of Public Works
may require.
L.
If any property or individual dwelling unit or individual commercial, institutional, industrial or other type of unit produces a quantity of municipal solid waste that regularly exceeds the limitations established by this chapter, then the Department of Public Works may require that the property or unit provide a dumpster for its solid waste collection and disposal. All dumpsters shall comply with the requirements of § 293-5 of this chapter.
M.
Bulk waste.
(1)
Bulk waste shall be collected by the City or the City
s authorized agents from residential properties only.
(2)
Bulk waste shall not include any materials other than
those which are specifically included in the definition of "bulk waste"
as set forth in this chapter.
(3)
Bulk waste shall be collected by the City or the City's authorized
agents separately from municipal solid waste; no bulk waste shall
be accepted by the City or the City's authorized agents through the
City's municipal solid waste collection service program. Residents
may bring bulk items to the Recycling Yard for disposal with identification
showing them to be a resident.
[Amended 1-9-2019 by Ord.
No. 30-18]
(4)
Bulk waste shall be collected every Wednesday, the first week and
third week of the month for those living south of Broadway and on
Wednesday, the second week and fourth week of the month for those
living north of Broadway, except when notice has been posted of a
"no collection" for a particular pickup date. Posting to be on the
City website and social media platforms.
[Amended 1-9-2019 by Ord.
No. 30-18]
(5)
All bulk waste shall be placed at curbside for pickup. Prior to removal
from the building and placement at the curb for pickup, all mattresses
and box springs shall be completely enclosed in durable plastic sheeting
or bags and sealed.
[Amended 9-12-2017 by Ord. No. 20-17]
(6)
No more than eight items of bulk waste, including containers and/or
bags, may be left for collection on each appropriate Wednesday designated
for pickup. Residents are prohibited from combining their bulk waste
with their neighbor's bulk waste.
[Amended 1-9-2019 by Ord.
No. 30-18]
(7)
Refrigerator doors shall be removed from all refrigerators
prior to being collected by the City as part of bulk waste pickup.
(8)
Discarded automobile and cycle tires, from residential
properties only, are collectible as part of bulk waste pickup. Discarded
truck tires, discarded trailer tires or tires of any type from nonresidential
properties are not collectible as part of bulk waste pickup.
(9)
The Department of Public Works may refuse to pick
up any item(s) of bulk waste which may, in the discretion of the Director
of the Department, cause damage to the City's collection vehicle(s).
(10)
Bulk waste which is not properly placed for collection
in conformance with the requirements set forth herein shall not be
collected by the City.
(11)
It shall be a violation of this chapter for bulk waste
to be left for collection in any manner other than as specified by
this chapter.
(12)
Acceptable items collected shall include household items such
as:
[Added 1-9-2019 by Ord.
No. 30-18]
|
BULK WASTE ACCEPTABLE
|
|
Furniture to include sofas, chairs, tables, wooden bed frames,
couches, mirrors, breakfronts.
|
|
Rugs, carpeting, padding; cut to four foot lengths, rolled up
and tied no more than 18 inches rolled.
|
|
Plastic lawn furniture and toys.
|
|
Mattresses and box springs shall be completely enclosed in durable plastic sheeting or bags and sealed. [See Subsection M(5) above.]
|
|
Wood pallets.
|
|
All containers and drums must have one end removed to ensure
that no liquid, chemical or hazardous materials are present. Separate
metal from other debris.
|
|
Wood swing sets must be disassembled and concrete footings removed
for pickup.
|
|
Resident or homeowner construction debris: The City offers a dumpster service (§ 293-5K) to residents. All material from construction, demolition, home repair or alterations performed by the homeowner or resident. (See bulk waste excluded items section below for construction debris by contractors.)
|
|
BULK WASTE EXCLUDED ITEMS.
|
|
Car batteries and battery packs found with power tools, laptops,
etc.; regular household A, AA, AAA, C, D, and nine-volt batteries
can be thrown in the trash.
|
|
Bricks, concrete blocks, pavers.
|
|
Car parts.
|
|
Closed barrels or drums.
|
|
Concrete or concrete-filled items.
|
|
Electronics (televisions, computers, printers, laptops) must
be brought to the Recycling Center, no curbside pickup by the City.
|
|
Dirt.
|
|
Hazardous materials.
|
|
Liquids of any type.
|
|
Paint in cans.
|
|
Propane tanks.
|
|
Rocks, stones or slate.
|
|
Tires. [See Subsection M(8) above].
|
|
Vegetative waste (grass, leaves, brush, branches, logs, tree
stumps, etc.).
|
|
Construction debris by contractor: Generated material from excavation,
construction, demolition, home repair or alterations is prohibited
from municipal collection. Contact your contractor for removal of
these items. This would include the following items; kitchen cabinets,
sheetrock, wood studs and framing, wood flooring, toilets, bath tubs,
lathe, plaster, tiles, cement, bricks, concrete, sod, dirt.
|
|
METAL ACCEPTABLE
|
|
Dishwashers.
|
|
Metal lawn furniture.
|
|
Shelving units.
|
|
Refrigerators (door must be removed).
|
|
Window air conditioners.
|
|
Washers.
|
|
Dryers.
|
|
Ovens.
|
|
Bikes.
|
|
BBO grills (no tanks).
|
|
All metal swing sets and basketball hoop stands must be disassembled
and concrete footings removed for pickup.
|
|
Lawn mowers drained of gas and oil.
|
N.
Brush.
(1)
Brush shall be collected by the City or the City's
authorized agents from residential properties only.
(2)
Brush shall be collected by the City or the City's
authorized agents separately from municipal solid waste. No brush
shall be accepted by the City or the City's authorized agents through
the City's municipal solid waste collection service program.
(3)
Brush shall be separated from all other items and shall be placed and piled at the curb for collection no more than seven days prior to a scheduled and announced collection. Brush will be collected from March 15 through June 1 and September 15 through December 31. Residents may bring brush to the Atlantic Avenue Recycling Center, with proof of residency in the City, at any time during the year. Residents doing work on their property between the dates of June 2 through September 14 and January 1 through March 14 must call DPW for a brush pickup. This applies to residents doing the actual work. See Subsection N(8) hereof for maximum volume size and if the work exceeds those limits. When a contractor or landscaper is doing the work during the above-referenced dates, the contractor or landscaper is responsible for the removal to a permitted facility.
[Amended 3-27-2007 by Ord. No. 7-07; 1-9-2019 by Ord. No. 31-18]
(4)
Brush shall not be tied in bundles or bound in any
other manner.
(5)
Brush shalt not be placed in a loose or haphazard
manner such that the same may be dispersed by wind, forces of nature,
passersby or traffic.
(6)
Brush shall not be placed within 10 feet of any storm
drain, culvert or fire hydrant.
(7)
Brush piles shall not block or impede the flow of
pedestrian or vehicular traffic and shall not exceed more than three
feet into the street from the curb.
(8)
The total amount placed for any single collection shall be as follows:
[Amended 9-12-2017 by Ord. No. 20-17; 1-9-2019 by Ord. No. 31-18]
(a)
Maximum volume size shall be four feet by three feet by eight
feet.
(b)
When the volume of brush exceeds the single collection amount
and would continue to exceed the single collection amount from work
to clear a property, a redesign of the property, landscape or property
maintenance, it will require the homeowner, contractor or landscaper
to retain a dumpster from a private service for removal or by their
own means.
(c)
Vehicles with commercial license plates are not permitted to
dump brush at the City Recycling Yard.
(9)
Individual branches and other items of brush shall
not exceed six inches in diameter nor four feet in length and shall
not exceed 50 pounds to permit handling by one person.
(10)
Grass clippings and stumps exceeding six inches in diameter are not
considered brush and shall not be collected.
[Amended 1-9-2019 by Ord.
No. 31-18]
(11)
Brush which is not properly piled at the edge of the
street or placed for collection in conformance with the requirements
set forth herein shall not be collected by the City.
(12)
Residents shall not include lumber, plywood, fence posts, railroad
ties, furniture or other manufactured wood products as part of the
curbside collection of brush, leaves and tree cuttings.
[Amended 1-9-2019 by Ord.
No. 31-18]
(13)
Residents may choose to dispose of brush, leaves and tree cuttings
by reuse and/or composting on their own properties. Brush, leaves
and tree cuttings may be stored within side or rear yards. However,
no brush or tree cuttings may be stored within the required front
yard or street side yard except for curbside collection in accordance
with the standards of this section.
[Added 1-9-2019 by Ord.
No. 31-18]
(14)
Residents who generate more than three cubic yards' worth of
brush waste and who choose not to store the materials on their property
will be required to individually arrange for the pickup and disposal
of the materials by their own means.
[Added 1-9-2019 by Ord.
No. 31-18]
(15)
No brush, leaves or tree cuttings shall be placed, stored or
otherwise disposed of on any adjoining private property without permission
of said adjoining property owner.
[Added 1-9-2019 by Ord.
No. 31-18]
(16)
No brush, leaves or tree cuttings shall be placed, stored or
otherwise disposed of on any public property.
[Added 1-9-2019 by Ord.
No. 31-18]
(17)
No brush or tree cuttings shall be placed, stored or otherwise
disposed of on any common open space area without approval of the
entity controlling said common open space.
[Added 1-9-2019 by Ord.
No. 31-18]
(18)
No brush or tree cuttings shall be placed, stored or otherwise
disposed of within ponds, lakes, streams, swamps, marshes, wetlands,
wetland buffers, conservation easements, nontidal floodways or similar
watercourses.
[Added 1-9-2019 by Ord.
No. 31-18]
(19)
It shall be a violation of this chapter for brush to be left
for collection in any manner other than as specified in this chapter.
[Added 1-9-2019 by Ord.
No. 31-18]
O.
All municipal solid waste, bulk waste and brush shall
be stored, prior to collection, in such a manner as not to become
a nuisance or fire hazard to the occupants of any adjacent unit or
property.
P.
No municipal solid waste, bulk waste and brush shall
be permitted to present a nuisance in terms of accessibility by rodents,
insects or other vermin.
Q.
All municipal solid waste, bulk waste and brush shall
be placed for pickup at the nearest curb in front of the building
or property from which the municipal solid waste, bulk waste or brush
was generated. Municipal solid waste, bulk waste and/or brush shall
not be collected by the City or the City's authorized agents if the
same is placed in front of adjacent or other properties, i.e., if
placed in front of a property other than that from which it was generated.
R.
Municipal solid waste and bulk waste shall not be
placed at the curb for collection earlier than 5:00 p.m. of the day
preceding the day of collection. No person shall allow or permit any
empty container to remain on the curb or on any part of the street,
sidewalk or adjacent property for more than 12 hours after the contents
thereof have been collected.
S.
When placed curbside, municipal solid waste and bulk
waste shall not block or impede the flow of pedestrian or vehicular
traffic, and shall not exceed more than three feet into the street
from the curb. Additionally, municipal solid waste and bulk waste
shall not be placed in a loose or haphazard manner such that the same
may be dispersed by wind, forces of nature, passersby or traffic.
T.
No municipal solid waste, bulk waste or brush collection
services will be provided on New Year's Day, Thanksgiving Day or Christmas
Day. No collection will be made in substitution for those dates.
U.
The City reserves the right to suspend municipal solid
waste, bulk waste or brush collection services due to weather conditions
when the depth of snow exceeds three inches or more or public or private
roads are not reasonably passable due to inadequate plowing.
V.
The City reserves the right to suspend or terminate
the provision of municipal solid waste, bulk waste or brush collection
services from any property if, in the discretion of the Director of
the Department of Public Works, such collection presents a hazard
to the City's employees or authorized agents, or to the general public.
W.
No person shall throw, lay, deposit or leave in any
vacant lot or open space, yard, street, avenue, alley, highway, sidewalk,
parking space or lot any item of solid waste, bulk waste, brush, grass
clippings, substances of a like nature or any other debris in a manner
other than as specifically permitted by this chapter.
X.
No person shall burn any solid waste, dead matter
or any other type of refuse.
Y.
It shall be a violation of this chapter to transport
or import into the City any solid waste for the purpose of dumping
the same, or placing the same for municipal collection, within the
City of Long Branch.
Z.
Leaves. Leaves shall be separated from all other brush and placed
only in recyclable paper bags, except during the months of April 1
through May 31 and November 1 through December 31. All such recyclable
paper bags shall not exceed 50 pounds in weight when filled. During
the months of April 1 through May 31 and November 1 through December
31, when the volume of leaves makes it impractical to place them in
bags, leaves shall be placed in piles at the edge of the street for
collection by the City. Piles of leaves shall not block or impede
the flow of pedestrian or vehicular traffic and shall not exceed more
than three feet into the street from the curb. Any leaves which are
not properly contained or piled at the edge of the street shall not
be collected by the City.
[Added 1-9-2019 by Ord.
No. 31-18]
A.
All of the requirements set forth in § 293-3 above shall apply to qualified private communities and multifamily dwellings located within the City.
B.
The City of Long Branch shall provide for the collection
and disposal of municipal solid waste, bulk waste and brush from all
qualified private communities and multifamily dwellings located within
the City, under the same terms and conditions set forth above, except
as modified hereunder.
C.
As an alternative to providing such services to qualified
private communities and multifamily dwellings, the City may determine
to provide a reimbursement payment on an annual basis to a qualified
private community or multifamily dwelling for the actual cost of providing
such services. Under no circumstances, however, shall this reimbursement
payment be higher than the amount that the City would have expended
on the services if the City had provided the services directly to
the qualified private community or multifamily dwelling, calculated
as if the qualified private community or multifamily dwelling was
located a long the public roads and streets of the City and the services
provided curbside.
D.
If the City determines that it wishes to provide a
reimbursement payment to a qualified private community or multifamily
dwelling for the actual cost of providing such services, then the
terms and conditions governing such payment shall be set forth in
a written agreement to be entered into between the City and the qualified
private community or multifamily dwelling. Such agreement shall be
in the form required by N.J.S.A. 40:67-23.1 et seq or N.J.S.A. 40:66-1.4
et seq., as applicable.
E.
Should the City opt to provide the above-referenced
reimbursement payment to a multifamily dwelling, then such payments
shall be phased in over a five year period in accordance with the
percentage requirements set forth in Section 4, P.L. 2001, c. 25 (N.J.S.A.
40:66-1.5).
F.
If the City determines to provide such services directly
to the qualified private community or multifamily dwelling, then the
City shall provide the services in the same fashion as the City provides
on the public roads and streets to other properties within the City,
in accordance with the schedule to be determined by the Department
of Public Works.
G.
Unless the qualified private community or multifamily dwelling makes arrangements with the City for the services to be provided from a dumpster, pursuant to § 293-5 of this chapter, then the containers or heavy-duty plastic bags shall be left at the nearest curb of the building(s) to be serviced.
H.
Nothing contained herein shall require the City to
enter upon private property to provide the services enumerated in
this section or to operate any City owned or leased vehicles or any
other equipment or to provide any of the services referenced herein
upon, along or in relation to any road or street in any qualified
private community or multi-family dwelling which either:
I.
Notwithstanding the provisions contained in Subsection H above, the City may determine to enter upon private property or to operate City owned or leased vehicles or other equipment and to provide the services referenced herein upon, along or in relation to any road or street which does not qualify under the requirements of Subsection H, so long as:
(1)
The qualified private community or multifamily dwelling
enters into a written indemnity and hold harmless agreement with the
City, in a form to be approved by the City Attorney; and
(2)
The qualified private community or multifamily dwelling
presents proof satisfactory to the City Attorney that the City has
been listed as an additional insured on the liability insurance policies
covering the qualified private community or multifamily dwelling;
and
(3)
The qualified private community or multifamily dwelling
pays the cost of any insurance rider(s) required by the City to enable
municipal vehicles to operate on private roads and streets within
the qualified private community or multifamily dwelling; and
(4)
The qualified private community or multifamily dwelling
performs such other matters as are required by the City which shall
be set forth in the written agreement referenced above.
J.
In order to be eligible for municipal solid waste
collection services from the City or the City's authorized agents,
a qualified private community or multifamily dwelling shall be required
to comply with all recycling requirements generally applicable to
all other residential properties within the City.
[Amended 6-7-2023 by Ord. No. 15-23]
All dumpsters referred to in this subsection § 293-5 are those serviced or owned by the City of Long Branch.
A.
Any owner, lessee or occupant of real property within the City may wish to utilize dumpster(s) for the collection and disposal of its municipal solid waste. Additionally, pursuant to § 293-3, if the Department of Public Works has determined that a property produces a quantity of municipal solid waste that regularly exceeds the limitations permitted for collection on pickup day(s), then such property shall be required to utilize a dumpster(s). The City shall provide municipal dumpster pickup service to all residential properties within the City under the terms and conditions contained in this section. Effective with the adoption of this chapter, however, the City shall no longer provide municipal dumpster pickup service to nonresidential properties, and the owners, lessees or occupants of such properties must arrange for and fund the disposal of solid waste from their dumpster(s) through private means at their own expense.
B.
For all properties that are eligible for municipal
dumpster pickup service, such service shall be provided by the City
on the same day(s) as scheduled by the Department of Public Works
for the pickup of regular municipal solid waste.
C.
For all properties that are eligible for municipal
dumpster pickup service, dumpsters shall conform to the following
requirements:
(1)
All dumpsters shall be provided by the property owner,
lessee or occupant, as applicable, at their own expense.
(2)
All dumpsters shall be approved by the Department
of Public Works and the Department of Buildings and Development prior
to use. Said approval shall pertain to size, location and design.
A zoning permit shall be required for all dumpsters.
(3)
All dumpsters shall be rear loading and shall be equipped
with an operational and/or functional lid.
(4)
All dumpsters shall be sized to accept one to eight
cubic yards of refuse and shall be able to adequately accommodate
the volume of refuse generated at any given time from the particular
user.
(5)
All dumpsters shall be kept clean and in good repair
and shall not present a nuisance in terms of accessibility by rodents,
insects or other vermin.
(6)
All dumpsters shall be placed in an area accessible
for pickup.
(7)
All recipients of dumpster service from the City will
be required to provide a road for ingress and egress, which must be
hard-surfaced and of a design to support the City's vehicles used
for pickup services. Any road which, in the City's opinion, is hazardous
may be cause for termination of this service or, if a condition occurs
during the provision of service, may result in a discontinuance of
the service until the road hazard is eliminated. Additionally, a hard
and level surface must be provided by the recipient of service for
the placement of the dumpster container. This area must be kept free
from parked vehicles at all times, be adequately drained and, during
inclement weather, be kept free from snow.
D.
The City reserves the right to mandate the size of
the dumpster(s) and frequency of pickups required based upon the volume
of municipal solid waste generated from a particular use.
E.
If additional service is necessary to pick up municipal
solid waste from dumpsters, i.e., more than the number of collections
regularly provided by the City on a weekly basis, then additional
service shall be provided by the City for an additional fee of $1.25
per dwelling unit per pickup.
F.
The City reserves the right to forego dumpster collections
under any of the following circumstances:
(1)
If the dumpster contains noncollectible refuse (such
as construction and demolition waste or household hazardous waste,
etc.) that is commingled with municipal solid waste.
(2)
If the dumpster contains recyclable materials that
are commingled with municipal solid waste.
(3)
If the dumpster contains any material(s) that is not
specifically permitted to be accepted under the City's municipal solid
waste collection service program.
(4)
If dogs or other animals are permitted to roam unsupervised
in or near the dumpster area, which may pose a potential hazard to
the City's employees.
(5)
If, in the discretion of the Department of Public
Works, there exists any hazard to the City's employees, vehicles or
equipment.
(6)
If, in the discretion of the Department of Public
Works, construction and demolition debris or other dangerous items
are so situated in or near the dumpster area as to constitute a hazard
to the City's employees or equipment.
(7)
Upon the failure of the recipient of services to comply
with required repairs or replacements of the dumpster as mandated
by the Department of Public Works.
(8)
If, after receiving a warning from the City, the recipient
of services continues to dispose of matters that are not permitted
to be disposed of with municipal solid waste.
G.
The City shall not be required to enter onto private property in order to service dumpsters except as provided in Subsection H below.
H.
Notwithstanding the provisions contained in Subsection G above, the City may determine to enter onto private property in order to service dumpsters, so long as:
(1)
The recipient of the services enters into a written
indemnity and hold harmless agreement with the City, in a form to
be approved by the City Attorney; and
(2)
The recipient of the services presents proof satisfactory
to the City Attorney that the City has been listed as an additional
insured on the liability insurance policies covering the subject property;
and
(3)
The recipient of the services pays the cost of any
insurance rider(s) required by the City to enable municipal vehicles
to operate on private roads and streets, as applicable, to service
the dumpster(s); and
(4)
The recipient of the services performs such other
matters as are required by the City, which shall be set forth in the
written agreement referenced above.
I.
It shall he a requirement for all recipients of municipal
dumpster services to comply with the City's recyclable requirements
as a condition to the continued provision of dumpster services from
the City.
J.
All City-owned properties shall receive municipal
dumpster pickup service from the City at no cost.
K.
Use of City-owned dumpsters.
(1)
Upon request, and subject to payment of the fee set
forth below, the City shall provide City-owned dumpsters for short-term
use by owners, lessees or occupants of property for the disposal of
municipal solid waste, bulk waste or construction and demolition waste.
The City shall provide for the collection and disposal of such items.
(2)
The fee for short-term use of City-owned dumpsters
shall be $350 per collection, which shall be payable in advance at
the Department of Public Works.
[Amended 2-26-2020 by Ord. No. 10-20]
[Added 6-7-2023 by Ord. No. 15-23]
A.
OWNER
PERSON
ROLL-OFF CONTAINER OR DUMPSTER
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The person having ownership of the roll-off container or
dumpster and either using the roll-off container or dumpster for his
or her own purposes for leasing of the same.
Any individual, association, company, firm, corporation,
partnership, society, or any other entity. The City of Long Branch
shall not be included in this definition.
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. For the purposes of
this subsection, these roll-off containers and dumpsters are not owned
nor serviced by the City of Long Branch.
B.
Permit required.
(1)
No person shall place or permit a roll-off container/dumpster
to be placed upon any street within the City of Long Branch without
first obtaining a permit therefor in accordance with the requirements
of this chapter.
C.
Application for permit; fee; refusal of permit.
(1)
Applications for a permit under this section shall be made via
an online parking management system supplied by the Director of Public
Safety, or his designee, of the City of Long Branch.
(2)
The Director of Public Safety 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:
(a)
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 $200,000
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.
(b)
Prior to the issuance of such a permit, the Director of Public
Safety shall consult with the Long Branch 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.
(c)
The street upon which the roll-off container/dumpster shall
rest shall be at least 30 feet wide from curb to curb.
(d)
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.
(e)
The roll-off container/dumpster shall be equipped with 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.
(f)
The roll-off container/dumpster shall not obstruct any part
of the sidewalk or the sidewalk areas adjacent to the street.
(g)
Each application for a permit hereunder shall be accompanied
by a nonrefundable filing fee of $50.
(h)
The Director of Public Safety 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.
D.
Duration and posting of permit.
(1)
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.
(2)
The permit shall be conspicuously posted on the job site or
container at all times.
(3)
The Director of Public Safety 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.
E.
Miscellaneous provisions.
(1)
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.
(2)
No roll-off container/dumpster shall leak or otherwise discharge
liquids, semiliquids or solids into the municipal sewer system of
the City.
(3)
The contents of the roll-off container/dumpster shall be emptied
and disposed of upon reaching the waterline of the roll-off container/dumpster.
(4)
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.
(5)
In the event that a roll-off container/dumpster is situated in a "snow emergency no-parking area" as established by § 325-3 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.
Other types of storage containers prohibited on streets or roadways.
G.
Violations.
(1)
Any person found guilty in the Municipal Court of the City of Long Branch of a violation of the terms or conditions of this chapter, shall be punishable as provided in Chapter 1, General Provisions, Article I, of the Code of the City of Long Branch. In addition to said penalty, the City shall be permitted to recover any actual costs associated with disposal of solid waste or recyclable materials in violation of this chapter, and any other incidental costs occasioned by the City in performing remedial activities related thereto. As an alternate penalty to any violation of this chapter, a convicted person may be ordered to perform community service for a period not to exceed 90 days.
