Village of Thomaston, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston 12-10-2001 by L.L. No. 5-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 169.
Streets and sidewalks — See Ch. 173.
Except for dumpsters, containers or receptacles used for ordinary commercial collection of garbage, no dumpster, container or receptacle with a capacity to hold more than 10 cubic yards of refuse, rubbish or debris shall be placed upon any private property without a permit issued by the Superintendent of Public Works.
A. 
A permit for the use of a dumpster, container or receptacle may be issued pursuant to this chapter upon written application, which application shall contain the following information:
(1) 
The proposed location for such dumpster, container or receptacle;
(2) 
The size and capacity of such dumpster, container or receptacle;
(3) 
The name of the owner(s) and address(es) of the abutting property(ies);
(4) 
The period of time during which use of said dumpster, container or receptacle is proposed or required;
(5) 
Any other information as may be required by the Superintendent of Public Works.
B. 
Each permit issued pursuant to this chapter shall be valid for a period of time as specified therein. Upon written application, the Superintendent of Public Works may extend the period of time during which the permit is valid. In granting any such permit, the Superintendent of Public Works may impose conditions of permit approval where such conditions are appropriate, in the opinion of the Superintendent of Public Works, for the preservation of the public health and general welfare or for protection of public safety.
C. 
Each application for a permit hereunder shall be accompanied by a nonrefundable fee in an amount to be established by resolution of the Board of Trustees.
At all times during the period in which any permit issued pursuant to this chapter is valid, the holder of the permit shall comply with all applicable provisions of law, with all conditions imposed by the Superintendent of Public Works, and shall also comply with the following conditions:
A. 
The permit holder shall provide a certificate of liability insurance issued by an insurance company authorized to conduct business in the state, with an endorsement naming the Village as an additional insured, with coverage for personal injury and property damage in the amount of not less than $500,000.
B. 
A separate permit must be obtained for each dumpster, container or receptacle proposed to be located on a single property.
C. 
No dumpster, container or receptacle may exceed the size or capacity authorized in the permit.
D. 
Any dumpster, container or receptacle which contains animal or vegetable refuse shall be kept covered at all times with a suitable covering approved by the Superintendent of Public Works.
E. 
The contents of the dumpster, container or receptacle shall be promptly disposed of upon reaching capacity.
F. 
The dumpster, container or receptacle shall not obstruct any part of any sidewalk or sidewalk area adjacent to a street, nor any street.
G. 
Each dumpster, container or receptacle shall be placed in a location approved by the Superintendent of Public Works.
H. 
All dumpsters, containers or receptacles to be located in or adjacent to a public right-of-way, or sidewalk shall have reflectors on each side facing traffic and be barricaded with flashing lights or such other warning or protective devices as may be required by the Superintendent of Public Works in order to avoid a hazard to vehicular or pedestrian traffic.
I. 
The permit shall be prominently displayed on all dumpsters, containers or receptacles.
J. 
All dumpsters, containers or receptacles shall bear the name, address and telephone number of the person responsible therefor and shall be prominently displayed thereon.
K. 
The permit holder shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of any dumpster, container or receptacle.
A. 
The Superintendent of Public Works may refuse the issuance of a permit hereunder if, in the Superintendent's sole judgment and discretion, the Superintendent deems the same to constitute a danger to public safety or an unwarranted interference with the efficient movement of vehicular or pedestrian traffic.
B. 
The Superintendent of Public Works may revoke a permit for the same reasons the Superintendent may refuse issuance of a permit, or for violation of the provisions of this chapter or the conditions of such permit. In the event of such revocation, the permit holder shall remove the dumpster, container or receptacle within 24 hours after notification of such revocation, and in default of such timely removal the Village may remove the same, and store it, at the permit holder's expense.
C. 
If the Superintendent of Public Works shall determine at any time that an emergency situation exists as a result of the condition or location of an authorized dumpster, container or receptacle, the Superintendent may cause the same to be removed and stored at the expense of the permit holder, upon reasonable notice to the permit holder.