City of Beacon, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 131.
Littering — See Ch. 143.
[Adopted 8-6-2001 by L.L. No. 13-2001]

§ 102-1 Permit required for use on public property; penalties for offenses.

Any person who willfully places a dumpster or similar large waste container on public property in the City of Beacon without having first obtained a permit for such purpose from the City Administrator shall be subject to a fine as provided herein. Each day such dumpster or similar large waste container is on public property in the City of Beacon without a permit shall constitute a separate offense. The City of Beacon Department of Public Works reserves the right to remove such dumpster or similar large waste container at the expense of the owner. Such removal may be accomplished either by City forces or a private firm hired at the discretion of the City Administrator. The fine shall continue until such time as the proper permit is obtained, the dumpster or similar large waste container is removed by the owner or, if the dumpster or similar large waste container is removed by the City, the owner has redeemed such dumpster or similar large waste container from the City. The fine shall be $200 per day or a portion thereof.

§ 102-2 Permit fee and duration; application for permit.

[Amended 7-6-2010 by L.L. No. 10-2010]
A permit fee as set forth on the City of Beacon fee schedule[1] shall be collected. The permit is hereby applied for on a form to be provided by the City Administrator.
[1]
Editor's Note: The fee schedule is on file in the City offices.

§ 102-3 Duty to keep area around dumpster clean.

[Added 11-19-2001 by L.L. No. 19-2001; amended 7-6-2010 by L.L. No. 10-2010]
The holder of a permit for any dumpster shall keep the area around the dumpster clean and free of litter. Should the holder of the permit fail to keep the area around the dumpster clean and free of litter, the City Administrator has the option of revoking the permit. In addition, if the holder of the permit fails to clean up the area around the dumpster after receiving written notice to do so and the City is caused to perform the cleanup, the holder of the permit is hereby charged the cost incurred by the City plus an administrative fee as set forth on the City of Beacon fee schedule[1] for each such cleanup.
[1]
Editor's Note: The fee schedule is on file in the City offices.

§ 102-4 Fee for use of grease dumpster at transfer station.

[Added 9-16-2002 by L.L. No. 25-2002; amended 7-6-2010 by L.L. No. 10-2010]
Restaurant owners shall be charged a fee per year as set forth on the City of Beacon fee schedule[1] for a permit to dump grease in the grease dumpster located at the transfer station. Said permit is hereby issued by the City Administrator at the Municipal Center on forms to be prepared for that purpose. A list of permit holders is hereby given to the transfer station staff. The owner is hereby permitted to schedule a pickup of grease at the owner's establishment between Tuesdays and Saturdays between the hours of 7:30 a.m. and 2:30 p.m. A notice is hereby sent to each deli and restaurant in the City of Beacon notifying each establishment of this new procedure.
[1]
Editor's Note: The fee schedule is on file in the City offices.

§ 102-5 Regulation of private dumpsters.

[Added 9-20-2004 by L.L. No. 34-2004]
This section shall apply to dumpsters used for regular trash and garbage as well as those used for construction and other waste.
A. 
Dumpsters are prohibited from being filled passed their spill line. The private property owner shall keep the area around the dumpster clean and free of litter. Dumpsters used for garbage and trash shall be covered and watertight at all times. Dumpsters used for construction and other waste shall be covered to prevent dust and debris from blowing out.
B. 
Waste disposed of in dumpsters shall only be generated from the parcel on which the dumpster is located.
C. 
Dumpsters must be emptied or removed once filled or within seven days of notification from the Building Inspector. Notification shall be by personal service on the property owner and/or the occupant of said parcel.
D. 
The fine for any violation of this section shall be up to $1,000 per day or a portion thereof.
[Adopted 7-2-2012 by L.L. No. 15-2012[1]]
[1]
Editor's Note: This local law also changed the title of this chapter from "Dumpsters" to "Dumpsters and Clothing Bin Containers."

§ 102-6 Definitions.

As used in this article, the following terms shall have the following meanings, unless the context requires otherwise:
CLOTHING BIN CONTAINER
A container which is placed for the purpose of obtaining used items, including used clothes, furniture and personal property.

§ 102-7 Prohibitions and restrictions.

A. 
Clothing bin containers are restricted as follows:
(1) 
Clothing bin containers shall not be located in or on a public right-of-way.
(2) 
No clothing bin container shall be located in areas regularly used as or previously approved by the City Planning Board as designated parking spaces for commercial or business uses. No clothing bin container shall be located so as to interfere with on-site traffic circulation, obstruct traffic vision, or interfere with required landscaping or other requirements of a site plan approval for the premises. No clothing bin container shall be located in a required front-yard setback established by Chapter 223, Zoning, of this Code. For purposes of this article only, all yards having street frontage shall be deemed front yards. In the event a lot is vacant, no clothing bin container shall be located within 50 feet of a property line abutting a street.
(3) 
Clothing and other articles, including junk goods, must be completely contained within the clothing bin. No accumulation of clothing, furniture, personalty, garbage or other materials, such as litter, rubbish or waste, will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate so that the clothing bin cover cannot be firmly closed.
(4) 
Clothing bin containers shall be kept in good repair, be structurally sound, leakproof and easily opened and closed. Clothing bin containers shall be painted as necessary to prevent the showing of rust and deterioration and be so constructed as to stand firmly upright.
(5) 
Clothing bin containers shall have the name of the entity or individual owning such dumpster clearly printed on either the front or the back of such dumpster. A phone number and address for such person or entity and the permit number for the container must also be written on the container.
(6) 
No person or entity shall hold any clothing bin container out to the public for the collection of articles of clothing, furniture or personalty, unless the proceeds from the sale of such items shall be utilized for charitable or governmental purposes as verified by the submittal of a sworn written statement to the Building Inspector.
(7) 
No person or entity shall place or maintain any clothing bin container on property containing one or more dwellings or any accommodation for transient occupancy.
(8) 
No person or entity shall place or maintain any clothing bin container on any premises open to the public except when issued a permit by the Building Department, except that the permit requirements of this article shall not apply to any clothing bin container that is located on property owned or leased by any religious, charitable, eleemosynary organization or public educational institution, provided that the proceeds from the sale of clothing and other articles deposited in said container benefit such organization as verified by the submittal of a sworn written statement to the Building Inspector.
(9) 
No more than one clothing bin container shall be placed on a single parcel of land.
(10) 
The owner, lessee, or other person or legal entity in control of the property where the clothing bin container is being maintained and the person or entity which owns, maintains, or operates the clothing bin container in violation of this article shall be subject to penalties for such violation(s).
B. 
Permits and standards.
(1) 
Any person or entity wishing to place or utilize a clothing bin container within the City of Beacon in a place that is open or accessible to the public must obtain a permit from the Building Department, unless such person or entity is exempt pursuant to § 102-7A(8).
(2) 
Only the following entities and organizations may apply for and obtain a permit:
(a) 
Entities or organizations that have a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended. Proof of such tax status must accompany an application for a permit;
(b) 
Fire companies of the City of Beacon;
(c) 
Beacon Volunteer Ambulance Corps;
(d) 
Veterans' organizations owning or leasing premises in the City of Beacon; and
(e) 
Churches, synagogues, mosques, temples and other religious organizations owning or leasing premises in the City of Beacon.
(3) 
There shall be no fee for an application or permit to place a clothing bin container, subject to the provisions of this article, at any location.
(4) 
The permit application form shall be reviewed by the Building Inspector and shall include but not be limited to the name, address and telephone number of the person, entity or organization applying for the permit; the proposed address where the clothing bin container is to be placed and the proposed location on the property; the name and telephone number of the owner of the property on which the container is to be placed; the name and telephone number of all lessee(s) in control of the property on which the container is to be placed; the name and telephone number of the individual or entity that will be placing the container on the property; information as to the manner and schedule for which the container is to be emptied or removed and the destination of the clothing and other articles to be removed from the container.
(5) 
The permit to be issued by the Building Department can only be granted when it is determined by the Building Inspector or his designee that:
(a) 
The clothing bin container(s) are for use by an entity or organization which falls within the categories listed in Subsection B(2) above;
(b) 
The proper types of clothing bin container(s) are being used as described by this article;
(c) 
The clothing bin container(s) are being placed in a proper location as described by this article;
(d) 
A letter of authorization/permission from the owner of the property upon which the clothing bin container(s) are to be and/or are already located has been submitted; and
(e) 
Name, address and phone number of the organization or entity are displayed on each clothing bin container.
(f) 
All other restrictions set forth in Subsection A, above, are satisfied.
(6) 
Upon the sale or transfer of a clothing bin container, the existing permit shall become null and void and a new permit application form shall be submitted to the Building Department for review and approval.
(7) 
A permit issued pursuant to this article shall be valid for one year after the date of issuance. Such permit may be renewed for successive additional periods of one year each, provided the clothing bin container continues to placed and maintained in accordance with the requirements of this article.

§ 102-8 Penalties for offenses; enforcement.

A. 
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this article shall, upon conviction, be punishable in accordance with § 1-3 of this Code for each offense. Each day any violation shall continue constitutes a separate offense.
B. 
This article may be enforced by the Police Department and/or the Code Enforcement Office of the City of Beacon.