Dear Manassas Park Resident-

In an effort to keep the streets within the city safer and cleaner, an ordinance has been enacted effective August 1, 2005 to regulate the placement of Dumpsters, portable storage containers and the like on private property and upon the streets within the city.  

“ARTICLE III.  DUMPSTERS

Sec. 13-11.  Definitions.  
 
For the purposes of this article, the following terms shall have the meaning ascribed to them herein:

Bulky waste.  Stoves, refrigerators, water tanks, washing machines, appliances, furnaces, plumbing equipment (e.g. toilets, sinks, tubs), furniture and other waste materials.

Construction debris.  Conventional waste building materials resulting from building construction, remodeling, repair and/or demolition operations.

Dumpster.  A device or container one cubic yard or more in size used or intended for the storage of bulky waste, construction debris, refuse, and like materials.

Hazardous material.  Material which is hazardous, volatile, highly inflammable, radioactive, or otherwise dangerous, including asbestos fibers, infectious waste, all petroleum-based distillates, liquids, gasses and suspensions, alcohol-based liquids, and any other material which, under any federal, state, or city law must be disposed of in any manner other than by being placed in a sanitary landfill.

Permit.  A permit issued by the director of public works or designated representative authorizing the temporary placement of a dumpster, a portable storage facility, or trash in or upon a street or public grounds or upon private property.

Portable storage facility.  A portable device or container one cubic yard or more in size used or intended for the storage of personal property.

Refuse.  Any and all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, discarded mattresses, discarded clothing, shoes and boots, waste pulp and other products such as are used for packaging or wrapping ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not otherwise included in the definitions herein.

Organic waste.  Waste (animal, vegetable and/or other matter) that results from the use or consumption of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, discarded cans and other food containers and all putrescible or decomposable waste animal or vegetable matter which is likely to attract flies, rodents or other pest), manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock

Trash.  Bulky waste, construction debris, refuse and like materials placed within public right-of-way and not stored or placed in a dumpster or portable storage facility.  The term “trash” specifically excludes hazardous material and organic waste.

Sec. 13-12.  Temporary placement of dumpsters, portable storage facilities and trash within public rights-of-way.  
        
It shall be illegal for any person to place one or more dumpsters, portable storage facilities or trash in or upon any street or public grounds or upon private property without first having obtained a Permit.

Sec. 13-13.  Permit.

(a)     Every person seeking to place one or more dumpsters, portable storage facilities or trash in or upon a street or public grounds or upon private property shall apply to the director of public works or designated representative for a Permit.  No Permit shall be issued for placement one or more dumpsters, portable storage facilities or trash on a street or public grounds unless placement on private property is not reasonably feasible.

(b)     The application fee for a Permit allowing the temporary placement of dumpsters, portable storage facilities and/or trash on a street or public grounds shall be twenty-five dollars ($25.00).  The application fee is waived for any Permit allowing the temporary placement of dumpsters, portable storage facilities and/or trash upon private property.

(c)     Every applicant for a Permit to place of one or more dumpsters, portable storage facilities or trash in or upon a street or public grounds shall provide a refundable bond in the amount of one thousand dollars ($1,000.00) to cover the cost to repair any damage caused by the applicant’s use of the street or public grounds for such purpose.  No Permit shall be issued until such bond has been provided to the city.  If the cost to repair any damage caused by the applicant’s use of the street or public grounds exceeds the value of such bond, such amount shall become a personal debt of the applicant, immediately due and owing to the city.

(d)     Application for a Permit must be submitted to the director of public works or designated representative at least seven (7) days prior to the proposed placement of one or more dumpsters, portable storage facilities or trash.

(e)     Each Permit holder shall allow access to private property by the director of public works or designate representative, and the building official, during reasonable hours of the day to verify compliance with the applicable provisions of this Article.

(f)     By applying for a Permit, each applicant agrees to allow access to private property to the extent necessary to verify compliance with the provisions of this article.

Sec. 13-14.  Duration of Permits.

        (a) Permits issued for placement on streets and/or public grounds shall be limited in duration as follows:

·       Dumpsters – thirty (30) days
·       Portable storage facilities – fourteen (14) days
·       Trash – seven (7) days

        (b) Permits issued for placement on private property shall be limited in duration to ninety (90) days.

(c) The duration of Permits may be extended for good cause shown at the discretion of the director of public works or designated representative.

Sec. 13-15. General restrictions and requirements.

(a) No dumpster, portable storage facility or trash shall be transported, emptied or serviced between the hours of 9:00 P.M. and 7:00 A.M. on any day, nor shall any mechanical, hydraulic or electrical loader, compactor, packer or conveyor be utilized during such hours.

(b) No dumpster or portable storage facility shall be filled beyond the top of such dumpster or portable storage facility.  Trash shall not be piled higher than three (3) feet and shall not interfere with the flow of traffic.  Dumpsters and portable storage facilities shall be emptied as soon as practical when full; trash shall be hauled away as soon as it threatens to impede the flow of traffic or is three (3) feet high.

(c) No dumpster or portable storage facility shall be filled by means of a chute, conveyor, belt, or other device, located in, above, on or across a street, or by dropping or throwing items in, above, on or across a street, unless the Permit authorizing placement of such dumpster or portable storage facility specifically authorizes such method.

(d) When not in use, all dumpsters and portable storage facilities shall be covered with a tarpaulin or otherwise secured, as approved by director of public works or designated representative, to prevent debris from blowing out of the container.  Trash shall be secured to ensure it is properly contained.
Sec. 13-16.  General placement; visibility.
        
(a) Dumpsters, portable storage facilities and trash shall not be placed closer than thirty (30) feet from any intersection, or upon any one-way street.  The director of public works or designated representative must approve the proposed location of any dumpster, portable storage facility or trash placed in or upon a street or public grounds.

(b) A placard or decal shall be affixed to each dumpster, portable storage facility and/or trash until such time as the dumpster, portable storage facility or trash is removed.  Such placard or decal shall have one or more warning signs of a contrasting color to identify that the container is dangerous, that children should be kept away, that that playing in, on or about the dumpster, portable storage facility or trash is forbidden.

(c) Dumpsters, portable storage facilities and trash placed in or upon a street or public grounds shall be visible at night from all angles of traffic flow.  Means to provide nighttime visibility include but are not limited to the use of reflecting tape at least two inches in width, reflectors, cones or other methods as approved by the director of public works or designated representative.

Sec. 13-17.  Emergency removal.

In the event of an emergency any dumpster, portable storage facility or trash be removed by the director of public works or designated representative, and/or police or fire personnel.  The city shall not be liable for any loss or damage caused by such emergency removal.

Sec. 13-18.  Use restrictions.

(a) No hazardous material or organic waste shall be placed in a dumpster or portable storage facility.  Any trash authorized for placement pursuant to this article shall not include hazardous material or organic waste.  

(b) It shall be the responsibility of the permit holder to maintain the dumpster or storage unit rodent, vermin or insects free.

(c) Any person who violates the restrictions set forth herein shall be personally liable for such actions.  This liability is in addition to any criminal sanctions that may be imposed.
Page Four

Sec. 13-19. Penalty.

Violation of this article shall constitute a Class 4 misdemeanor and shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00).”

1.      All sections of the Code of the City of Manassas Park, Virginia that are inconsistent with and/or in conflict with this Ordinance are hereby repealed.

2.      If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

3.      This Ordinance shall be effective August 1, 2005 and shall be enforced starting September 1, 2005.