[HISTORY: Adopted by the Council of the Township of Montclair 10-18-1988
by Ord. No. 88-62. Amendments noted where applicable.]
For the purpose of this chapter, certain words are defined as follows:
The Chief of Police of the Township of Montclair or his or her designee.
The person having ownership of the roll-off container and either
using the roll-off container for his or her own purposes or for leasing of
the same.
Any individual, association, company, firm, corporation, partnership,
society or any other entity.
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.
A public thoroughfare within the Township.
The person using the roll-off container either as an owner or lessee
thereof.
No person shall place or permit a roll-off container/dumpster to be
placed upon any street or municipally owned parking lot within the Township
without first obtaining a permit therefor in accordance with the requirements
of this chapter.
A.
The Chief of Police 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:
(1)
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 Township 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 Township in an amount not less than $100,000 on account of any occurrence
and in an amount not less than $100,000 on account of all occurrences. All
policies shall be so written that the Township shall be notified of cancellation
or restrictive amendment at least 15 days prior to the effective date of such
cancellation or amendment.
(2)
Prior to the issuance of such a permit, the Chief of
Police shall consult with the Traffic Bureau to determine that the proposed
use of the roll-off container/dumpster shall not constitute a traffic and/or
safety hazard.
(3)
The street upon which the roll-off container/dumpster
shall rest shall be at least 30 feet wide from curb to curb.
(4)
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.
(5)
The roll-off container/dumpster 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.
(6)
The roll-off container/dumpster shall not obstruct any
part of the sidewalk or the sidewalk areas adjacent to the street.
(7)
Each application for a permit hereunder shall be accompanied
by a nonrefundable filing fee of $25 or such other fee as may be fixed from
time to time by resolution of the Council of the Township of Montclair.
B.
The Chief of Police may refuse the issuance of a permit
hereunder if the placement of a roll-off container/dumpster at any street
location shall 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.
A.
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.
B.
The contents of the roll-off container/dumpster shall
be emptied and disposed of upon reaching the waterline of the roll-off container/dumpster.
C.
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.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.[1]
[1]
Editor's Note: The save-harmless agreement and the application
for placement of dumpster which immediately followed this section are on file
in the office of the Municipal Clerk.
