[Adopted 7-9-1984 by Ord. No. A-12-84 as
Ch. 172, Art I, of the 1984 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any article whatever, including, but not by way of limitation,
any sign, showcase, peanut roaster, newspaper stand, merchandise,
projecting billboards, garbage, dirt and water.
The sidewalks of the City or any portion of the streets of
the City dedicated and devoted to public use as a sidewalk.
No person shall allow to remain upon any sidewalk
of the City any article or structure so as to wholly or partially
obstruct or encumber the same; provided, however, that nothing contained
in this section shall apply to:
A.
The temporary placing of any matter on a sidewalk
in the course of immediately transporting the same in or over such
sidewalk.
B.
Any building material brought on or upon such sidewalk or other public place for the purpose of erecting any building or for the purpose of altering or repairing the same, if the placement of such building material is not in violation of § 365-4.
C.
An encumbrance placed upon a sidewalk authorized by
resolution of the Council if, in the opinion of said Council, said
encumbrance shall be to the best interests of the City.
[Added 5-12-2003 by Ord. No. O-40-03]
A.
No person, as hereinafter defined, shall place or
permit or cause to be placed, on any public street or sidewalk, or
any other public area in the City, a dumpster or similar container
commonly used for the collection of solid waste, garbage, trash or
other refuse or building materials, except in compliance with this
section.
B.
DUMPSTER
ENFORCEMENT AUTHORITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
PUBLIC AREA
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. As used in this section, the following
terms shall have the following meanings:
[Amended 8-9-2010 by Ord. No. O-20-10]
A container or debris-transfer body commonly used for the
placing or recollection of solid waste, garbage, trash and/or other
refuse and/or building materials during construction, renovation or
demolition.
The Construction Official of the City shall be the person
authorized to issue licenses hereunder. The City Department of Building,
Planning and Economic Development shall be authorized to issue summonses
for any violations under this section.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the City of Rahway or other public body, and is designed and used
for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, sidewalk, highway, lane, alley, parking lot or
other public place in any zone within the City.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land’s surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface- or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Permit required. No person shall place or utilize
a dumpster or permit or cause a dumpster to be placed or utilized
in a public area in the City without first having obtained a permit
therefor.
D.
Application for permit; fees; term; regulations.
(1)
Any person seeking to place, cause or permit to be
placed or utilize a dumpster in a public area in the City shall do
so only after having obtained a permit from the Construction Code
Official. In order to obtain a permit, an application for a permit
on a form to be furnished by the Department of Building, Planning
and Economic Development shall be filed and the appropriate fee shall
be paid.
(2)
The application shall require that the applicant specify
the exact proposed location of the dumpster, the size and capacity
thereof, the length of time that said use is required and the contemplated
use of the dumpster.
(3)
The fee for obtaining a permit to place a dumpster
in a public area shall be the sum of $50. The permit shall be valid
for a period of 10 days and may be renewed for an additional ten-day
period for an additional charge of $150. A deposit of $300 shall accompany
each application.
(4)
No dumpster shall be placed in a public area for more
than 24 hours prior to commencement of construction, demolition or
other refuse, solid waste, garbage and/or debris removal and shall
not remain therein for more than 24 hours subsequent to the completion
of such construction, demolition or other refuse, solid waste, garbage
and/or debris removal.
(5)
No permit shall be issued if the Department of Building,
Planning and Economic Development determines that the issuance of
such permit will constitute a danger to the public safety or unwarranted
interference with the efficient movement of vehicular or pedestrian
traffic.
(6)
A permit may be revoked at any time during its term
or any extensions thereof if the placement or use of such dumpster
constitutes a hazard to the health, safety or welfare of the citizens
of the City or for any other reason constituting a nuisance.
(7)
Any dumpsters in use pursuant to this section shall
comply with the display markings required under N.J.S.A. 27:5I-1a.
E.
Location, placement and conditions.
(1)
No dumpster shall be placed in a public area in a
residential zone unless it is determined by the Department of Building,
Planning and Economic Development that there is not sufficient room
on the private property of the person utilizing the dumpster to place
the dumpster and, therefore, the dumpster is required to be placed
in a public area. No dumpster placed on private property, otherwise
unregulated by this section, shall impede the flow of pedestrian or
vehicular traffic or safety site lines.
(2)
Dumpsters may be placed in public areas only upon
the determination of the Department of Building, Planning and Economic
Development that there is no safe or practical place where the dumpster
may be placed other than in the public area.
(3)
All dumpsters placed in public areas are required
to comply with the following conditions:
(a)
Planking or other wood sheeting of sufficient
size is required to be placed under the wheels or road contact areas
to protect the roadway from damage. If the dumpster has wheels, they
must be checked to prevent movement.
(b)
Flashing, warning, amber, barricade-mounted
lights are required to be placed on the dumpster to provide a visual
warning to those utilizing the roadway or public right-of-way. The
lights are required to be operable at all times.
(c)
No dumpster shall be permitted in a public area
where the placement interferes with the free and safe flow of traffic
or which otherwise stands in a hazardous location.
(d)
Dumpsters shall not be permitted to be placed
in a public area on certain holidays, sale days and special event
days that occur from time to time during the year.
(4)
Upon removal of the dumpster, the public area shall
be swept clean of all loose debris and restored to its former condition
in accordance with the standards of the City's Department of Building,
Planning and Economic Development.
(5)
All dumpsters shall at all times be kept in good repair
and shall be structurally sound and leakproof and be painted to prevent
the show of rust or deterioration and shall be constructed to stand
firmly upright.
F.
Violations and penalties. Each day that a dumpster
is placed or utilized in violation of the terms of this section shall
constitute a separate offense. Any person who violates any provision
of this section shall, upon conviction thereof, be punished by a fine
not to exceed $1,250 or by imprisonment for a term not to exceed 90
days, or both.
G.
Prohibited
conduct; exceptions to prohibition; enforcement; penalties.
[Added 8-9-2010 by Ord. No. O-20-10]
(1)
Any
person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
(2)
Any
person who owns, leases or otherwise uses a refuse container or dumpster
must ensure that such container or dumpster does not leak or otherwise
discharge liquids, semiliquids or solids to the municipal separate
storm sewer system(s) operated by the City of Rahway.
(3)
Exceptions
to prohibition:
(a)
Permitted temporary demolition containers;
(b)
Litters receptacles (other than dumpsters or other bulk containers);
(c)
Individual homeowner trash and recycling containers;
(d)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit; and
(e)
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
(4)
The
Construction Official of the City of Rahway shall be authorized to
enforce this subsection.
(5)
Any
person who is found to be in violation of the provisions of this subsection
shall be subject to a fine not to exceed $500.
Any person who shall divert, damage, place, deposit, fix or allow to remain on any sidewalk any article in such a manner as to wholly or partially flood, obstruct, encumber or render dangerous any sidewalk within the City, except as permitted in § 365-2, shall be guilty of maintaining a nuisance and shall be subject to the penalty hereinafter provided in § 365-7.
Any person who shall place, bring or cause to be placed or brought in or upon any street, sidewalk or other public place within the City any building material, water or other article whatsoever in such a manner as to interfere with or render dangerous the public travel in, through or over such street, sidewalk or other public place or interfere with the safety thereof shall be deemed guilty of maintaining a nuisance and liable to the penalty hereinafter provided in § 365-7.
Gasoline stations, parking lots and other places
of business shall not display or place any merchandise, sign or any
article whatsoever in such a position that would constitute a safety
hazard by obstructing the view of persons traveling or about to travel
upon the street or highway, at street or highway intersections near
where such article is displayed or placed.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
