[Adopted 7-15-2003 by Ord. No. 1444; amended in its entirety 9-6-2022 by Ord. No. 1886]
[Amended 12-20-2022 by Ord. No. 1892]
Consistent with N.J.S.A. 27:5I-1, no person
shall park or leave unattended any waste or refuse container, commonly
known as a "roll-off dumpster" or "roll-off container," on or along
any street, highway or public property within the City of North Wildwood
without first obtaining a permit from the Construction Official. Application
forms for a permit to place a roll-off dumpster or roll-off container
upon a street, highway or public property within the City of North
Wildwood shall be obtained from the office of the Construction Official.
The application forms for a permit to place a roll-off dumpster or
roll-off container upon a street, highway or public property within
the City of North Wildwood shall be signed by the owner of the property
adjacent to the street, highway or public property on which the roll-off
dumpster or roll-off container is to be placed, and permits, when
issued by the Construction Official, shall only be issued in the name
of the property owner and shall be displayed prominently by the permittee
upon the private property adjacent to the public property upon which
the roll-off dumpster or roll-off container is placed. The Construction
Official shall provide copies of any permits that are issued pursuant
to this section to the North Wildwood Police Department and Code Enforcement
Officials.
A.
Consistent with N.J.S.A. 27:5I-1, approval for placement of a roll-off
dumpster or roll-off container upon a street, highway or public property
shall remain in effect for a period of not more than 30 days. Prior
to expiration of an initial thirty-day approval, a thirty-day permit
once may be endorsed for a thirty-day renewal period by the Construction
Official without charge to the applicant. No permits or extensions
thereof shall be issued which would allow placement of a roll-off
dumpster or roll-off container on or along any public street, highway
or public property for any portion of the months of June, July or
August, although during those months the Construction Official may,
at his sole discretion and on a case-by-case basis, authorize the
issuance of a permit due to emergency or extenuating circumstances.
[Amended 12-20-2022 by Ord. No. 1892]
The property owner shall make every effort to
place the roll-off dumpsters or roIl-off containers on private property
rather then on streets, highways or public property. In such cases
where the only practical location of a roll-off dumpster or a roll-off
container is on a street, highway or public property, the property
owner shall submit with the permit application a plan that shows where
the roll-off dumpster or roll-off container is to he located depicting
driveways, intersections and property lines, and the roll-off dumpster
or roll-off container 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 roll-off dumpster or roll-off container
is to be placed.
Consistent with N.J.S.A. 27:5I-l, in all cases
where a roll-off dumpster or roll-off container is to be placed upon
a street, highway or public property, the roll-off dumpster or roll-off
container 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 dumpster or container 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. At the end of each workday
or during any prolonged period of time when not in use, the roll-off
dumpster or roll-off container shall be covered with a tarpaulin or
other industry-acceptable material.
[Amended 12-20-2022 by Ord. No. 1892]
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 a roll-off dumpster or roll-off container 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 a
roll-off dumpster or roll-off container was obtained from the Construction
Official or that timber material had been placed under the wheels
or skids of the roll-off dumpster or roll-off container as required
by this article, it being the responsibility of the property owner
to provide for further protective measures to the street, highway
or public property if the timber material required by this article
proves to be insufficient to adequately protect the street, highway
or public property from damage by reason of the weight of the roll-off
dumpster or roll-off container or any other factor or cause.
[Amended 12-20-2022 by Ord. No. 1892]
Notwithstanding the fact that a permit for placement
of a roll-off dumpster or roll-off container may have been issued
by the Construction Official, nothing contained in this article shall
be interpreted as or deemed as precluding the North Wildwood Chief
of Police or the North Wildwood Fire Chief from ordering the temporary
removal of any roll-off dumpster or roll-off container that has been
placed upon a street, highway or public property for reasons of traffic
safety or public safety.
Consistent with N.J.S.A. 27:5I-1, a person who
is convicted of a violation of this article shall be subject to a
fine of $100 for each violation, and each day said violation is continued
shall constitute a separate offense. In default of the payment of
a fine, imprisonment in the county jail for a period of not more than
90 days may be imposed. All fines collected under this article shall
be paid over to the board or body charged with the maintenance of
the street, highway or public property upon which the violation occurs.
In addition to a fine, a person who has been convicted of a violation
of this article may be sentenced to make restitution in the event
that a street, highway or any public property has been damaged by
reason of placement of a roll-off dumpster or roll-off container thereon.
