[HISTORY: Adopted by the City Council of the City of Brigantine 4-2-2008 by Ord. No. 10-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 119.
Uniform construction codes — See Ch. 143.
Garbage, rubbish and refuse — See Ch. 187.
Littering — See Ch. 204.
Property maintenance — See Ch. 238.
Unless otherwise expressly stated, the following terms, whenever used in this chapter, shall respectively be deemed to mean:
DUMPSTER
Any container used for the purpose of storing, containing and/or carting debris and waste.
OFF-SITE DUMPSTER
Any container used for the purpose of storing, containing and/or carting debris and waste which is located in a public right-of-way.
PERSON
An individual or individuals or corporation, partnership or voluntary association.
PORTABLE STORAGE UNIT
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]
[Amended 6-7-2017 by Ord. No. 20-2017; 5-7-2025 by Ord. No. 8-2025]
A. 
Dumpsters and containers required by Chapter 187[1] are exempt from the provisions of this chapter.
[1]
Editor's Note: See Ch. 187, Garbage, Rubbish and Refuse.
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.
(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.
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 Code Enforcement review and approve the proposed location and/or other traffic control devices required, prior to issuance of permit. The Construction Official may also have review by the Fire Department, Police Department, 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.