New Ordinance Publication – REQUIRING A PERMIT FOR ANY DUMPSTER PLACED WITHIN THE VILLAGE

Attached is the recently passed Dumpster Ordinance.  It is for dumpsters placed on a roadway or public right of way, not dumpsters placed on private property.

We plan to put access to this permit on our website so you can complete it online.  A copy of this will also be posted on the bulletin board outside Village Hall.

 

VILLAGE OF DENNISON, TUSCARAWAS COUNTY, OHIO

 

ORDINANCE NO. 2787

 

AN ORDINANCE OF THE VILLAGE OF DENNISON REQUIRING A PERMIT FOR ANY DUMPSTER

PLACED WITHIN THE VILLAGE

 

BE IT ENACTED AND ORDAINED BY THE Village Council of the Village of DENNISON, Tuscarawas County, Ohio, in accordance with the specific powers permitted by The Ohio Revised Code.

 

SECTION 1. TITLE.

 

This  Ordinance shall  be   known as   the  “Village  Dumpster Ordinance”, DENNISON Village Ordinance§ (2787)

 

SECTION 2. PERMIT REQUIRED.

 

No person shall place or cause to be placed upon any street, sidewalk, alley or public right-of-way within the Village any trash or refuse containers commonly known and referred to as dumpsters, without first having obtained a permit from the mayor’s office. It shall be the responsibility of the user of the dumpster to obtain a permit and to provide a copy of such permit to the owner of the dumpster before placement of any dumpster.

 

SECTION 3. PERMIT APPLICATION.

 

A permit application shall be submitted to the Village one week prior to the date of planned delivery of the dumpster on an application form   provided by the mayor’s office. The form requires the description of the location of placement, length of placement and reason for placement.

 

SECTION 4. PERMIT FEE AND DURATION.

 

Upon approval of the permit application by the Village, a permit for placement of the dumpster shall be issued by the Village upon payment of the permit fee. Permits shall be good for a period of seven (7) days from the date of issuance. Provided that the permit holder has complied with the requirements of this article and the permit issued hereunder, the permit may be renewed for additional periods of seven (7) days upon payment to the Village of a renewal permit fee for each renewal in the thirty (30) day period. The permit fee shall be initially set at $10.00 for the first seven (7) days permit period, and permit renewal fee shall be set at $25.00 each subsequent renewal. Any change in the permit fee by the Village may be done so by resolution from time to time.

 

SECTION 5. PERMIT CONDITIONS.

 

Upon issuance of a permit as set forth in this ordinance, the permit holder agrees to    comply with the following requirements:

 

  1. Any dumpster for which a permit is issued as set forth in this article shall bear reflectorized or illuminated marking in order to provide adequate warning of the placement of such dumpster to pedestrians and If the dumpster does not bear these markings, then orange safety cones are to be placed on the front and rear traffic sides.
  2. Any dumpster placed on Village streets will be removed within 7 calendar days from the date of placement unless approval is granted in writing from the mayor’s office.
  3. If at any time there is damage caused by the dumpster to any Village property, the permit holder will be held responsible for the damages and be given notification as to the costs of repairs to the Village of Dennison’s property.
  4. After any dumpster is filled to capacity, the same shall be emptied or caused to be emptied or removed within three (3) calendar days
  5. During anytime, the permit holder agrees to prevent any items or debris from leaving the dumpster due to foul weather, high winds ect, if need be, to place a tarp coverage over same to help prevent the items from being upon other persons property and or Village streets.

 

SECTION 6. PERMIT REVOCATION.

 

Any permit issued or renewed by the Village may be immediately revoked by the Village upon mailing of notice of revocation to the permit holder at the address stated in the permit application, or by service of the Police Department, for any of the following reasons:

 

  1. Failure to comply with any provision of this article or any requirement as set forth in the permit or permit
  2. The emission of any foul or noxious odor from material contained in the dumpster, regardless if whether the dumpster is filled to capacity or
  3. The presence of any vehicular, pedestrian, fire, health or safety hazard or potential hazard arising after issuance of a permit or renewal thereof.

 

SECTION 7. PENALTY.

 

Any person violating any provision of this article shall upon conviction thereof, be  punished under this ordinance as set forth shall not be fined more than $100.00 for each offense committed and shall be listed as a Minor Misdemeanor Offense. Upon revocation of any permit granted or renewed by the Village, failure to remove any dumpster for which a permit has been revoked shall constitute a separate violation for each day after revocation. For each day that a dumpster is placed as provided without having obtained a permit therefore, a separate violation shall exist. The Village of Dennison will have rights to remove said “Dumpster” Roll-off box from its Village Streets.

 

SECTION 8. ENFORCEMENT.

 

The responsibility for enforcement of this ordinance shall be by the Police Department of the Village of DENNISON.

 

SECTION 9. GENERAL PROVISIONS.

 

If any section, subsection, paragraph, sentence, clause or phrase of this ordinance shall be declared invalid for any reason whatsoever such decision shall not affect the remaining provisions.

First Reading: May 20, 2021

Second Reading: June 17, 2021

Third Reading: July 15, 2021

Passed in Council this   ___15th__ dayof_July    ,  2021.

 

                                                                        _____________________________

ATTEST:                                                        Mayor Greg DiDonato

_________________________

Fiscal Officer Kathy Norman

 

________________________

Solicitor Patrick Williams

Share: