Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 11-4-1985 by L.L. No. 5-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 101.
Garbage, rubbish and refuse — See Ch. 161.
Health and sanitation — See Ch. 175.
Property maintenance — See Ch. 226.
Streets and sidewalks — See Ch. 250.
Unless otherwise expressly stated, the following terms, whenever used in this chapter, shall respectively be deemed to mean:
DUMPSTERS
Any container used in the normal course of demolition, construction or nonorganic rubbish removal for the purpose of storing, containing and/or carrying debris.
PERSON
Any individual or individuals or corporation, partnership or voluntary association.
PUBLIC PROPERTY
Any property owned, leased or controlled by the Village of East Rockaway.
[Amended 7-12-2010 by L.L. No. 8-2010]
No person, other than agents or employees of the Village of East Rockaway, shall place, maintain or use a dumpster, trash bin or storage bin or similar container on a public thoroughfare or other public property without having first obtained a written permit from the Village Clerk.
The person to whom the permit is issued shall be responsible for the following:
A. 
The trash bin, dumpster or storage bin shall be properly reflectorized with flashing signal lights, illuminated barricades or six-inch reflectors as may be required by the Superintendent of Public Works, in order to ensure the safety of pedestrian and/or vehicular traffic.
B. 
There shall be no defect or faulty design in the trash bin, dumpster or storage bin which might create a hazard to the general public, interfere with its operation or inhibit the purpose for which it is to be used.
C. 
The placement of the trash bin, dumpster or storage bin shall not block the flow of vehicular or pedestrian traffic. Prior to placing any dumpster on a public thoroughfare, the person placing the dumpster shall provide adequate protection to the roadway surface.
[Amended 7-12-2010 by L.L. No. 8-2010]
D. 
During all times when the dumpster is in use, a tarpaulin or other suitable tight cover shall be placed over the 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.
E. 
The trash bin, dumpster or storage bin is conspicuously marked with the name and address of its owners and has affixed a copy of the currently effective permit for the same.
F. 
The trash bin, dumpster or storage bin shall not be used for the storage of garbage.
[Amended 7-12-2010 by L.L. No. 8-2010; 10-17-2011 by L.L. No. 11-2011]
This chapter shall not be construed to prohibit the placement of the trash bin, dumpster, container or storage bin on private property when such placement is permitted by the provisions of the Code of the Village of East Rockaway.
A. 
Such trash bins, dumpsters or storage bins and containers may not be placed on or at any property unless specifically authorized by the Village Clerk upon the applicant's showing of a practical difficulty that requires the container to be placed on the property.
B. 
Placement of such trash bins, dumpsters or storage bins and containers shall be in such location and used so as not to constitute a public nuisance or to interfere with the neighbors' peaceful enjoyment.
C. 
No storage bins for donated clothing or similar items shall be placed on any commercial or residential property within the Incorporated Village of East Rockaway.
All permits required by this chapter shall be in writing and shall be issued by the Village Clerk. The Village Clerk shall issue the permit, if the applicant has the need to use such a container and it appears 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.
The application for a permit shall include but not be limited to the following information:
A. 
The name and address of the applicant and, if applicable, the name and address of the lessor of the trash bin, dumpster or storage bin.
B. 
A description or diagram of the location where the trash bin, dumpster or storage bin will be placed.
C. 
A description of the trash bin, dumpster or storage bin which the applicant proposes to use, including the name of manufacturer, its capacity and a description of the reflectors as required by § 128-3A.
D. 
The circumstances necessitating the use of the trash bin, dumpster or storage bin and the reasons for placing the same on a sidewalk, street or public place in the Village.
E. 
The length of time the applicant plans to utilize the trash bin, dumpster or storage bin, which shall not exceed 10 working days, except as further stated in § 128-8.
F. 
The length of time the applicant plans to utilize the trash bin, dumpster or storage bin, which shall not exceed five working days, unless permitted for a longer period of time by the Village Clerk upon payment of an additional daily fee in accordance with § 128-8.
[Added 7-12-2010 by L.L. No. 8-2010]
G. 
The permit fee and cash deposit, if applicable.
[Added 7-12-2010 by L.L. No. 8-2010]
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 of New York, certifying that said company or companies has issued or have written the following policies which shall not be cancelable except on 15 days' written notice to the Village:
A. 
Comprehensive general liability, naming the Village as one of the insured. This policy shall be written to cover bodily injury (including death) for not less than $1,000,000 per person and $3,000,000 per occurrence and property damage for not less than $100,000 in the aggregate.
B. 
A policy which will protect the Village in the sum of at least $20,000 against any loss due to damage caused to any street or other public property owned by the Village by reason of the placement, maintenance or use of the dumpster, trash bin or storage bin pursuant to any permit issued hereunder.
[Amended 7-12-2010 by L.L. No. 8-2010]
A. 
Application for permission to place a trash bin, dumpster or storage bin on a public thoroughfare or other public property shall be accompanied by a permit fee in an amount to be established from time to time by resolution of the Board of Trustees.
B. 
Application for permission to place a trash bin, dumpster or storage bin in excess of 15 cubic yards on a public thoroughfare or other public property shall be accompanied by a cash deposit, in an amount to be established from time to time by resolution of the Board of Trustees, which may be applied by the Village to offset the cost to repair any damage to the public thoroughfare or other public property caused by the placement of the trash bin, dumpster or storage bin. The unused balance of the deposit shall be returned to the applicant within 30 days following the removal of the trash bin, dumpster or storage bin.
C. 
No permit shall be issued until the permit fee and deposit set forth herein are paid to the Village Clerk.
No person shall cause or permit the placing of any trash bin, dumpster or storage bin or loose debris within 15 feet of any fire hydrant.
On or before the expiration of the permit, the permit holder shall remove or cause to be removed the trash bin, dumpster or storage bin.
Violation of any of the terms and conditions of this chapter by the applicant, his agents, employees or any contractor hired by the applicant shall be reason for immediate revocation of the permit by the Village Clerk or the Superintendent of Public Works. The container shall be removed from the public property immediately upon revocation. Such action shall be in addition to the penalties provided for in § 128-12 hereof.
[Amended 8-10-1987 by L.L. No. 4-1987; 7-12-2010 by L.L. No. 8-2010]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.