[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City 1-8-1981 as L.L. No. 1-1981. Amendments
noted where applicable.]
Proliferation in the use of roll-off containers placed on public streets
has become a matter of deep concern to this Village Board because of the potential
hazard, primarily to motorists using public streets, particularly in the darkness
of the night. This chapter is designed to regulate the use of roll-off containers
with safeguards for the overall protection of persons, property and the roadbed
upon which the roll-off container rests.
For the purpose of this chapter, certain words are defined as follows:
The Director of Public Works of the Village of Garden City, or his
designee.
The person having ownership of the roll-off container and either
using the roll-off container for his own purposes or for leasing of same.
Any individual, association, company, firm, corporation, partnership,
society or any other entity.
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.
A public thoroughfare within the village, but shall not include municipal
parking fields.
The person using the roll-off container either as an owner or lessee
thereof.
The Incorporated Village of Garden City.
No person shall place or permit a roll-off container to be placed upon
any street within the village without first obtaining a permit therefor in
accordance with the requirements of this chapter.
A.
The Director may issue a permit for the use of a roll-off
container as a temporary street obstruction prior to the placement thereof,
upon written application by either the owner or the user - permit holder,
provided that:
(1)
The street upon which the roll-off container shall rest
shall be at least 30 feet wide from curb to curb.
(2)
The roll-off container 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.
(3)
The roll-off container shall have thereon a permanent
nonremoval installation of not less than 16 square feet of diagonal reflectorized
striping material at each end of the container facing opposing traffic and
shall have stenciled or otherwise printed thereon, in English letters at least
two inches in height, the name, address and telephone number of the owner.
(4)
The roll-off container shall not obstruct any part of
the sidewalk or the sidewalk areas adjacent to the street.
(5)
Each application for a permit hereunder shall be accompanied
by a certificate of insurance in form approved by Village Counsel and issued
by an insurance company authorized to do business in this state, running to
the village, guaranteeing that the applicant has provided public liability
coverage and property damage insurance to save the village harmless from all
claims, actions and proceedings brought by any person for injury to person
or property resulting from or occasioned by any fault or default by the village,
its employees or agents or by the person to whom the permit is issued or anyone
acting thereunder. The policy shall also protect the village against any damage
caused to any street or other public property by reason of the use of such
roll-off container. The limits of such insurance coverages shall be determined
from time to time by resolution of the Board of Trustees. All policies shall
be so written that the village shall be notified of cancellation or restrictive
amendment at least 15 days prior to the effective date of such cancellation
or amendment.
[Amended 3-7-1996 by L.L. No. 1-1996]
(6)
Each application for a permit hereunder shall be accompanied
by a nonrefundable fee in such amount as determined from time to time by resolution
of the Village Board of Trustees.
[Amended 3-7-1996 by L.L. No. 1-1996]
B.
The Director may refuse the issuance of a permit hereunder
if, in his sole judgment and discretion, he determines that the placement
of a roll-off container 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.
Each permit shall be of 30 days' duration and shall
require a written application to extend the duration of the permit for an
additional 30 days.
B.
The permit shall be conspicuously posted on the job site.
C.
The contents of the roll-off container shall be emptied
and disposed of upon reaching the waterline of the roll-off container.
D.
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.
Each day that this chapter is violated shall constitute a separate offense,
and any person allowing or permitting the continuation of the offense may
be punished as provided herein for each separate violation.[1]
