[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.]
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.
