[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.
Any property owned, leased or controlled by the Village of
Sea Cliff.
The Incorporated Village of Sea Cliff, Nassau County, New
York.
A.
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.
B.
A separate permit shall be obtained for each dumpster
requiring a permit pursuant to this chapter.
C.
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:
A.
The name and address of the applicant and, if applicable,
the name and address of the lessor of the dumpster.
B.
The purpose for which the dumpster shall be used.
C.
The street upon which the dumpster is to be placed,
including a description or diagram of the location.
D.
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.
E.
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.
F.
The length of time the applicant plans to utilize
the dumpster.
G.
The name of the owner(s) and address(es) of the abutting
property(ies).
H.
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:
A.
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.
B.
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.
A.
All permits required by this chapter shall be in writing
and shall be issued by the Village Clerk.
B.
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.
C.
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.
D.
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:
A.
All dumpsters shall be delivered in a clean and sanitary
condition.
B.
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.
C.
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.
D.
No dumpster may exceed the size or capacity authorized
in the permit.
E.
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.
F.
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.
G.
No person shall cause or permit the placing of any
dumpster within 15 feet of any fire hydrant.
H.
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.
I.
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.
J.
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.
K.
When any dumpster having a capacity of 10 cubic yards
or more is used, the contractor shall provide adequate protection
to the roadway surface.
L.
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.
M.
A copy of the currently effective permit shall be
prominently displayed on all dumpsters.
N.
Any dumpster for which a permit has been issued pursuant
to this chapter shall not be used for the storage of garbage.
O.
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.
P.
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.
Q.
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.
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:
A.
All dumpsters shall be located in the driveway on
the property whenever possible.
B.
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.
C.
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.
A.
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.
B.
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.
