Ventnor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 4-15-2010 by Ord. No. 2010-02. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 132.
Nuisances — See Ch. 158.
Property maintenance — See Ch. 178.
Streets and sidewalks — See Ch. 197.
Zoning — See Ch. 225.

§ 109-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
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 (POD)
Any non-motorized portable storage container for interior furnishings.

§ 109-2 Applicability; permit required; use requirements.

A. 
Dumpsters and containers required by Chapter 132[1] are exempt from the provisions of this chapter.
[1]
Editor's Note: See Ch. 132, 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 Ventnor City without first obtaining a written permit from the construction office.
(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 is 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 permit may 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 or portable storage unit in any public right-of-way within the City of Ventnor City 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 for a dumpster is issued 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 is 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 may be permitted to be placed in a public right-of-way for not more than 48 hours with the issuance of a permit.
(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.

§ 109-3 Issuance of permits.

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 Ventnor City 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 Ventnor City.

§ 109-4 Permit fees and duration.

A. 
The fee for dumpsters is $50 for each dumpster for a period of 30 days. Each dumpster permit may be renewed for an additional ninety-day period for a fee of $100 per dumpster.
[Amended 12-15-2016 by Ord. No. 2016-18]
B. 
The fee for portable storage units is $50 for each portable storage unit for a period of 48 hours. Such forty-eight-hour period may be extended to 72 hours if the portable storage unit was placed over a weekend. Portable storage unit permits are not renewable.

§ 109-5 Violations and penalties.

The penalty for violation of this chapter shall be a maximum fine of $1,000 or imprisonment for a term not to exceed 30 days, or both, per violation. Each day said violation exists shall be considered to be a separate violation. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.