[Adopted 2-6-1979 by L.L. No. 1-1979 (Ch.
95 of the 1976 Code)]
Unless otherwise expressly stated, the following
terms, whenever used in this article, shall respectively be deemed
to mean:
Any container used in the normal course of demolition or
construction for the purpose of storing, containing and/or carrying
debris.
Any individual or individuals or corporation, partnership
or voluntary association.
Any property owned, leased or controlled by the Village of
Great Neck.
A.
No person shall place, maintain or use a dumpster
on public property without having first obtained a written permit
to do so.
B.
The person to whom the permit is issued shall be responsible
for the following:
(1)
That during all times when the dumpster is in use,
a tarpaulin or other suitable cover is placed over the dumpster in
order to protect the contents from being displaced and/or causing
litter on public or private property.
(2)
That during the hours of darkness, flashing signal
lights are placed on or about the dumpster, as may be required by
the Superintendent of Public Works, in order to ensure the safety
of pedestrian and/or vehicular traffic.
C.
The dumpster shall not be located in such a manner
as to cause its contents to spill on private or public property in
any fashion whatsoever or in a place other than that authorized by
the permit.
A.
All permits required by this article shall be in writing
and shall be issued by the Village Clerk. The Village Clerk shall
issue the permit if it appears that the applicant has the need to
use such a container and that it is not practical to locate it on
private property. Prior to the issuance of such a permit, the Village
Clerk shall consult with the Superintendent of Public Works to determine
that the proposed use of the dumpster shall not constitute a traffic
and/or safety hazard.
B.
No permit authorized by this article shall be granted
except pursuant to an application in writing, executed by the person
desiring such permit or by his agent. The application shall be on
the form prescribed by the Village Clerk, stating the purpose, location
and probable duration of time that the dumpster is to remain in place.
C.
Each application for a permit hereunder shall be accompanied
by a certificate or certificates of insurance, in a form approved
by the Village Clerk and issued by one or more insurance companies
authorized to do business within the state, certifying that said company
or companies has or have written the following policies of insurance
and that said policies shall not be canceled except on 10 days' written
notice to the Village:
(1)
Comprehensive general liability, naming the Village
as one of the insureds. This policy shall be written to cover bodily
injury (including death) for not less than $250,000 per person and
$500,000 per occurrence and property damage for not less than $100,000
in the aggregate.
(2)
A policy which will protect the Village in the sum
of at least $20,000 against any loss due to damage caused to any municipal
street or other public property owned by the Village by reason of
the placement, maintenance or use of the dumpster pursuant to any
permit issued hereunder.
[Amended 2-4-2003 by L.L. No. 2-2003]
D.
No permit shall be issued until the fee herein set
forth is paid to the Village.
E.
Each and every permit issued pursuant to the terms
and provisions of this article shall at all times be in the possession
of the person in control of the dumpster and available for inspection
by Village personnel.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No.
17-2003]
The application shall be accompanied by a fee
in such amount as shall be prescribed from time to time by the Board
of Trustees.
Violation of any of the terms and conditions of this article by the applicant, his agents, employees or any contractor hired by the applicant shall be reason for immediate revocation of the permit by the Clerk. Such action shall be in addition to the penalties provided for in § 477-6 hereof.