[HISTORY: Adopted by the City Council of
the City of Brigantine 4-2-2008 by Ord. No. 10-2008. Amendments noted
where applicable.]
Unless otherwise expressly stated, the following
terms, whenever used in this chapter, shall respectively be deemed
to mean:
Any container used for the purpose of storing, containing
and/or carting debris and waste.
Any container used for the purpose of storing, containing
and/or carting debris and waste which is located in a public right-of-way.
An individual or individuals or corporation, partnership
or voluntary association.
Any nonmotorized portable storage container for on-site storage
of nonhazardous items, building material and construction equipment
used during active permitted building construction. The containers
must be in good clean condition.
[Amended 6-7-2017 by Ord. No.
20-2017]
B.
Dumpster/portable storage units.
(1)
It shall be unlawful for any person to use or place or be permitted
to use or place any dumpster or portable storage unit within the City
of Brigantine without first obtaining a written permit from the construction
office. A portable storage unit will only be permitted during active
construction work with current construction permits. Notwithstanding
the above current construction permit requirement, a permit for a
portable storage unit may be issued for a site not under active construction,
which permit will be limited to a term of 30 days, and such term may
only be extended in the discretion of the City Manager with good cause
being demonstrated.
[Amended 6-7-2017 by Ord. No.
20-2017]
(2)
The person to whom a permit is issued for a dumpster
shall be required to ensure that the dumpster is covered by a tarpaulin
or other suitable cover at all times the dumpster is not in use or
unattended.
(3)
The dumpster shall be emptied on a frequency necessary
so that waste and debris shall not accumulate on the exterior thereof.
(4)
The dumpster or portable storage unit must be located
on the actual premises for which the permit is issued and not in any
public right-of-way or adjacent properties.
(5)
A copy of the dumpster and/or portable storage unit
permit shall be maintained on the premises and posted in a conspicuous
location.
(6)
A dumpster unit permit shall be required as a condition of issuance
of any construction permit.
[Amended 6-7-2017 by Ord. No.
20-2017]
C.
Off-site dumpster.
(1)
It shall be unlawful for any person to use or place
or be permitted to use or place any dumpster in any public right-of-way
within the City of Brigantine without first obtaining a written permit
from the construction office.
(2)
The off-site dumpster shall have its wheels or skids,
as the case may be, placed on timber material having minimum dimensions
of not less than two inches thick by 12 inches wide by 48 inches long,
so as to provide protection to the surface of the street, highway
or public property upon which the off-site dumpster is to be placed.
(3)
The person to whom a permit is issued for a dumpster
shall be required to ensure that the dumpster is covered by a tarpaulin
or other suitable cover at all times the dumpster is not in use or
unattended.
(4)
The dumpster shall be emptied on a frequency necessary
so that construction waste and debris shall not accumulate on the
exterior thereof.
(5)
Portable storage units are prohibited to be placed
in any public right-of-way.
(6)
A copy of the off-site dumpster permit shall be maintained
on the premises and posted in a conspicuous location or affixed to
the off-site dumpster in plain view.
(7)
The Construction Official shall have the Police Department
review and approve the proposed location and/or other traffic control
devices required, prior to issuance of permit. The Construction Official
may also require review by the Fire Department and Public Works or
Utility Departments, if their facilities or access are impacted by
the proposed placement of the off-site dumpster.
(8)
Consistent with N.J.S.A. 27:5A-1, in all cases where
a off-site dumpster is to be placed in a public right-of-way, the
off-site 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 off-site dumpster 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.
(9)
No person shall purposely, knowingly, recklessly or
negligently damage any street, highway or public property or allow
damage to be caused to any street, highway or public property by the
placement of an off-site dumpster upon a street, highway or public
property. It shall be no defense to a prosecution for an offense under
this section that a permit for placement of an off-site dumpster was
obtained from the Construction Official or that timber material had
been placed under the wheels or skids of the off-site dumpster as
required by this chapter, it being the responsibility of the property
owner or his/her authorized agent to provide for further protective
measures to the street, highway or public property if the timber material
required by this chapter proves to be insufficient to adequately protect
the street, highway or public property from damage by reason of the
weight of the off-site dumpster or any other factor or cause.
(10)
Notwithstanding the fact that a permit for placement
of an off-site dumpster may have been issued by the Construction Official,
nothing contained in this chapter shall be interpreted as or deemed
as precluding the Chief of Police or the Fire Chief from ordering
the temporary removal of any off-site dumpster that has been placed
upon a public right-of way for reasons of traffic safety or public
safety.
A.
All permits required by this chapter shall be in writing
and shall be issued by the Construction Official. The Construction
Official shall issue the permit if it appears that the applicant has
the right and the need to use a dumpster, portable storage unit or
off-site dumpster.
B.
No permit authorized by this chapter shall be granted
except pursuant to an application, in writing, signed by the person
desiring such a permit or his/her authorized agent. The application
must be submitted on forms provided by the City of Brigantine Construction
Official and shall set forth the location of the proposed dumpster,
portable storage unit or off-site dumpster; the nature, extent and
probable duration of the use of said containers and the reason for
its use.
C.
No permits shall be issued until the fee, hereinafter
described, shall be paid to the City of Brigantine.
A.
The fee for dumpsters and portable storage units is
$35 for each dumpster or portable storage unit for a period of 30
days. The permit may be renewed for additional fifteen-day periods
for a fee of $20 per renewal.
B.
The fee for dumpsters required as a condition of a
construction permit shall be $50 each for construction permit costs
valued at $250 and greater, and $25 each for all others. The permit
shall be valid for the duration of the construction permit. The Construction
Official may waive the requirement for a dumpster permit if he deems
that the construction activities are minor in nature and do not require
a dumpster.
C.
The fee for off-site dumpsters is $75 for each dumpster
for a period of 30 days. The permit may be renewed for additional
fifteen-day periods for a fee of $50 per renewal.
The penalty for violation of this chapter shall
be a maximum fine of $2,000 or imprisonment for a term not to exceed
90 days, or both, per violation. Each day said violation exists shall
be considered to be a separate violation.
