[HISTORY: Adopted by the Council of the Township of Montclair 10-18-1988 by Ord. No. 88-62. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 218.
Permits for street or sidewalk encumbrances — See Ch. 297, Art. IV.
Solid waste — See Ch. 292.
For the purpose of this chapter, certain words are defined as follows:
CHIEF OF POLICE
The Chief of Police of the Township of Montclair or his or her designee.
OWNER
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.
PERSON
Any individual, association, company, firm, corporation, partnership, society or any other entity.
ROLL-OFF CONTAINER
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.
STREET
A public thoroughfare within the Township.
USER/PERMIT HOLDER
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.
D. 
The insurance required in § 260-3 hereof shall continue in full force and effect during the term of the license.
[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.