The placement of a dumpster and/or construction container upon
a sidewalk, street or highway within the City of Perth Amboy by persons
other than agents or employees of the City is hereby prohibited unless:
A.
The dumpster and/or construction 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.
B.
There is no defect or faulty design in the dumpster and/or construction
container which would create a hazard to the general public.
C.
The placement of the dumpster and/or construction container which
must have the specific approval of the Department of Code Enforcement
of the City of Perth Amboy shall not block the flow of vehicular traffic
or pedestrian traffic and shall be covered and loaded in such a manner
as to cause its contents not to spill onto the street or sidewalk
areas.
D.
The use of the dumpster and/or construction container will not create
offensive odors or a health hazard. All dumpsters must remain covered
with a hinged lid at all times, with the exception of fill times.
E.
The dumpster and/or construction container is conspicuously marked
with the name and address of its owners.
F.
A permit for the placement of the dumpster and/or construction container
is obtained from the Department of Code Enforcement of the City of
Perth Amboy pursuant to this chapter, and evidence of such permit
is displayed conspicuously on the property of the applicant by means
specified by the Department of Code Enforcement.
G.
The movement of a loaded dumpster onto other than construction property
or City street is prohibited.
An application for a permit pursuant to the provisions of this
chapter shall be made on forms approved and made available by the
Department of Code Enforcement of the City of Perth Amboy. Such application
shall include but not be limited to the following information:
A.
The name and address of the applicant and, if applicable, the name
and address of the lessor of the dumpster and/or construction container.
B.
A description or diagram of the location where he proposes to place
the dumpster and/or construction container.
C.
A description of the dumpster and/or construction container which
the applicant proposes to place on the sidewalk, street or any other
public place of the City, which includes the name of the manufacturer,
its capacity and a description of the reflectors required by this
chapter.
D.
The circumstance necessitating the use of the dumpster and/or construction
container on a sidewalk, street or public place in the City.
E.
The length of time the applicant plans to place the dumpster and/or
construction container on the site, such time not exceeding 30 days.
All permits required by this chapter shall be in writing and
issued by the Department of Code Enforcement of the City of Perth
Amboy. The Department of Code Enforcement shall issue said permit
if it appears that the applicant has a reasonable need to use a dumpster
and/or construction container. Prior to the issuance of such a permit,
the Department of Code Enforcement shall consult with the Police Director
to determine that the proposed use of the dumpster and/or construction
container shall not constitute a traffic and/or safety hazard. No
permits shall be issued until the required fee, hereinafter described,
shall be paid to the City.
There shall be no required fee for garbage disposal dumpsters.
A fee of $100 per week shall be required for construction dumpsters.
Each application for a permit authorized under this chapter
shall be accompanied by a policy or certificate of insurance, including
the applicant and the City as named insured and evidencing general
liability coverage to protect the public from bodily injury or property
damage sustained as a result of the use of such dumpster and/or construction
container. Such policy or certificate shall contain limits of at least
$100,000/$300,000 for bodily injury and $50,000 for property damage
and shall provide at least 30 days' notice of cancellation to be afforded
to the Construction Official of the City of Perth Amboy.
A.
No permit shall be granted by the Department of Code Enforcement
for a term longer than 30 days, although, for good cause shown, a
permit previously issued may be renewed for an additional thirty-day
period.
B.
Upon the expiration of the permit, the permit holder shall remove
or cause to be removed the dumpster and/or construction container
from the sidewalk, street or public place.
B.
A decision by the Department of Code Enforcement to revoke any permit
issued pursuant to this chapter shall be in writing and transmitted
to the permit holder either in person or by certified mail. Such decisions
shall clearly state the grounds for the revocation.
C.
The permit holder may appeal the revocation to the governing body
of the City of Perth Amboy. An appeal must be filed by permit holder
with the City Clerk within seven days after the notice of revocation
is received by the permit holder. Such appeal must state in writing
the grounds for the appeal. The governing body shall then set a time
and place for hearing and notify the permit holder in writing at least
five days in advance of the hearing by mailing a notice to the address
stated by the permit holder in the notice of appeal. The decision
and order of the governing body shall be final and conclusive.
No person shall cause or permit the placing of any materials,
structures, shrubs or fences, living or otherwise, within 10 feet
of a fire hydrant.
Any person violating any section of this article shall be subject to the fines and penalties set forth in Article III, Enforcement and Violations.
