§ 45-7.5. Roll-off containers/dumpsters on public roads prohibited.

A. 

Any point of any roll-off container or dumpster shall not be located upon public roads, within six feet from public roads, upon rights-of-ways or upon sidewalks at any time.

B. 

Responsible parties. Upon discovery of a roll-off container or dumpster in violation of § 45-7.5, the following parties may be held responsible for the violation:

(1) 

Any person or entity causing, ordering, placing, requesting or directing the subject roll-off container or dumpster to be placed upon the public road; or

(2) 

Any persons or entity using, maintaining, owning, leasing, renting, or in control of the subject roll-off container or dumpster.

C. 

Presumptions.

(1) 

Any person or entity identified in any manner by markings on the subject roll-off container or dumpster in violation of § 45-7.5 shall be presumed to be responsible for its placement; and

(2) 

Any person or entity having a valid permit on file with the Town of Brookhaven Department of Department of Recycling and Sustainable Materials Management for the subject roll-off container or dumpster at the time of any alleged violation of § 45-7.5 shall be presumed responsible for its placement; and

[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

(3) 

The owner or occupant of any real property adjacent to the subject roll-off container or dumpster in violation of § 45-7.5 shall be presumed responsible for its placement.

(4) 

The above stated presumptions shall be rebuttable.

Added 4-28-2009 by L.L. No. 9-2009, effective 5-7-2009