[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 3-24-2008 by L.L. No. 8-2008. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Dumpster Law of the Incorporated Village of Sea Cliff, New York."
Unless otherwise expressly stated, the following terms, whenever used in this chapter, shall respectively be deemed to mean as follows:
- Any container used in the normal course of demolition, construction or nonorganic rubbish removal for the purpose of storing, containing and/or carrying debris. Dumpster shall include trash bin, storage bin, and similar containers.
- Any individual or individuals, corporation, partnership or voluntary association.
- PUBLIC PROPERTY
- Any property owned, leased or controlled by the Village of Sea Cliff.
- The Incorporated Village of Sea Cliff, Nassau County, New York.
No person, other than agents or employees of the Village of Sea Cliff, shall place, maintain or use a dumpster on public thoroughfares or other public property without having first obtained a written permit to do so.
A separate permit shall be obtained for each dumpster requiring a permit pursuant to this chapter.
Except for dumpsters, containers or receptacles used for ordinary commercial collection of garbage, no dumpster, container or receptacle with a capacity to hold more than 10 cubic yards of refuse, rubbish or debris shall be placed upon any private property without having first obtained a written permit to do so.
All applications for a permit shall be in writing on the form prescribed by the Village Clerk, shall be signed by the person desiring such permit or by his agent, and shall include, but shall not be limited to, the following information:
The name and address of the applicant and, if applicable, the name and address of the lessor of the dumpster.
The purpose for which the dumpster shall be used.
The street upon which the dumpster is to be placed, including a description or diagram of the location.
A description of the dumpster which the applicant proposes to use, including the name of the manufacturer, its size and capacity, and a description of the reflectors as required by § 59-9.
The circumstances necessitating the use of the dumpster and the reasons for placing the same on a sidewalk, street or public place in the Village.
The length of time the applicant plans to utilize the dumpster.
The name of the owner(s) and address(es) of the abutting property(ies).
Any other information as may be required by the Superintendent of Buildings.
Each application for a permit to locate a dumpster on public property shall be accompanied by a certificate or certificates of insurance in a form approved by the Village Clerk and issued by one or more insurance companies authorized to do business within the State of New York, certifying that said company or companies has or have issued or written the following policies of insurance and that said policies shall not be cancelable except on 15 days' written notice to the Village:
Comprehensive general liability, naming the Village as one of the insured. This policy shall be written to cover bodily injury (including wrongful death) for not less than $1,000,000 per person and $3,000,000 per occurrence and property damage for not less than $500,000 per occurrence and $1,000,000 in the aggregate.
A policy which will protect the Village in the sum of at least $20,000 against any loss due to damage caused to any municipal street or other public property owned by the Village by reason of the placement, maintenance or use of the dumpster pursuant to any permit issued hereunder.
All permits required by this chapter shall be in writing and shall be issued by the Village Clerk.
The Village Clerk shall issue a permit to locate a dumpster on public property if it appears that the applicant has the need to use such a container and it appears that it is not practical to locate it on private property. Prior to the issuance of such a permit, the Village Clerk shall consult with the Superintendent of Buildings to determine that the proposed use of the dumpster shall not constitute a traffic and/or safety hazard.
Each permit issued pursuant to this chapter shall be valid for a period of time as specified therein. No dumpster shall be permitted to remain in a particular location for a period of time exceeding 14 days unless an extension of time is granted pursuant to § 59-12.
Each and every permit issued pursuant to the terms and provisions of this chapter shall at all times be in the possession of the person in control of the dumpster and available for inspection by Village personnel.
The Village Clerk may refuse the issuance of a permit hereunder if, upon the advice and recommendation of the Superintendent of Buildings, the Superintendent of Buildings determines in his sole judgment and discretion that the street upon which the dumpster is to be placed does not have a minimum width of 30 feet, curbline to curbline, or that the issuance of the permit and the placement of the dumpster would constitute an obstruction or public nuisance, a danger to public safety, an unwarranted interference with the efficient movement of vehicular or pedestrian traffic, or a hazard because of the contour, narrow width, traffic or other road conditions existing on any street at or near the proposed location.
At all times during the period in which any permit issued pursuant to this chapter is valid, the holder of the permit, the lessor of the dumpster, and the owner of the property in connection with which the dumpster will be used, shall comply with all applicable provisions of law, with all conditions imposed by the Superintendent of Buildings, and with the following conditions:
All dumpsters shall be delivered in a clean and sanitary condition.
The dumpster shall have stenciled or otherwise printed thereon, in letters at least two inches in height, the name, address and telephone number of the owner-lessor.
The pickup and drop off of a dumpster shall be limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday.
No dumpster may exceed the size or capacity authorized in the permit.
Each dumpster shall be placed in the location approved by the Superintendent of Buildings and shall not be placed in any other location than that authorized by the permit.
Where the application is to place a dumpster on a Village street, the dumpster shall be placed parallel to the curb and no part thereof shall be located more than eight feet six inches from the nearest curbline adjacent to the container.
No person shall cause or permit the placing of any dumpster within 15 feet of any fire hydrant.
The placement of the dumpster shall not obstruct any part of any sidewalk or sidewalk area adjacent to a street, nor block the flow of vehicular or pedestrian traffic.
All dumpsters located in or adjacent to a public right-of-way or sidewalk shall be properly reflectorized with six-inch reflectors, flashing signal lights, illuminated barricades, or such other warning or protective devices as may be required by the Superintendent of Buildings in order to avoid a hazard to, and to ensure the safety of, vehicular and/or pedestrian traffic.
There shall be no defect or faulty design in the dumpster which might create a hazard to the general public, interfere with its operation, or inhibit the purpose for which it is to be used.
When any dumpster having a capacity of 10 cubic yards or more is used, the contractor shall provide adequate protection to the roadway surface.
The dumpster shall not be located in such a manner as to cause its contents to spill on private or public property in any fashion whatsoever. During all times when the dumpster is in use, a tarpaulin or other suitable tight cover shall be placed over the dumpster in order to protect the contents from being displaced, causing litter on public or private property, or creating dust, offensive odors or health hazards.
A copy of the currently effective permit shall be prominently displayed on all dumpsters.
Any dumpster for which a permit has been issued pursuant to this chapter shall not be used for the storage of garbage.
The dumpster, when full, shall be picked up in a timely fashion and upon failing to do so may be removed upon 48 hours' notice by the Village of Sea Cliff. If the dumpster is not to be removed, the contents shall be promptly emptied and disposed of upon reaching the container's waterline.
Upon the removal of the dumpster, or after each time that the dumpster is emptied, the street and surrounding area shall be swept and/or cleaned in such manner that the street and surrounding area are free of any refuse, rubbish, debris, or any other material for which the dumpster was used.
The holder of the permit, the lessor of the dumpster, and the owner of the property in connection with which the dumpster will be used shall be responsible for the repair of any street, sidewalk, or curb damage caused by the placement, use, movement or removal of any dumpster.
The provisions of Chapters 71 and 78 of the Code of the Village of Sea Cliff regarding garbage, refuse, rubbish, waste, and heath and safety shall be fully complied with to the extent they are not inconsistent with or superseded by the practical application of this chapter.
Except for dumpsters, containers or receptacles used for the ordinary and periodic collection of residential or commercial garbage, any dumpster with a capacity to hold more than 10 cubic yards of refuse, rubbish or debris placed upon any private property shall comply with the following provisions:
All dumpsters shall be located in the driveway on the property whenever possible.
Except when located in a driveway, a dumpster shall not be placed in the front yard of the property except by issuance of a special permit.
Placement of a dumpster in a side or rear yard shall be in such location and used in such manner so as not to constitute a public nuisance or to interfere with the neighbors' peaceful enjoyment.
On or before the expiration of the permit, the permit holder shall remove or cause the dumpster to be removed.
Upon written application, the Superintendent of Buildings may extend the period of time during which the permit is valid. In granting any such permit, the Superintendent of Buildings may impose conditions of permit approval where such conditions are appropriate, in the opinion of the Superintendent of Buildings, for the preservation of the public health and general welfare or for protection of public safety.
The Village Clerk or the Superintendent of Buildings may immediately revoke a permit for any violation of the provisions of this chapter or for any violation of the terms or conditions of such permit by the applicant, his agents, employees or any contractor hired by the applicant. In the event of such revocation, the dumpster shall be removed from the public property within 24 hours after notification of such revocation. If the dumpster is not removed within the time provided, the Village may remove the dumpster and store it at the permit holder's expense. Such removal and storage shall be in addition to the penalties provided for in § 59-14 hereof.
If the Superintendent of Buildings shall determine at any time that the dumpster constitutes a traffic and/or safety hazard or that an emergency situation exists as a result of the condition or location of an authorized dumpster, the Superintendent, upon reasonable notice to the permit holder, may cause the same to be removed and stored at the expense of the permit holder.