[Adopted 1-10-2005 by Ord. No. 1396]
As used in this article, the following terms shall have the meanings indicated, except where the context specifically indicates otherwise:
DUMPSTER
A metal storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents to a dumpsite.
PERSON
Any natural person, association, partnership, firm or corporation.
STREET
The portion of any street, alley, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
TEMPORARY DUMPSTER
Any dumpster used or intended as a disposal facility for construction, renovation or demolition projects, special events, seasonal use, or other purposes not permanent in nature.
No property owner or other person in possession of real estate shall place or use a temporary dumpster upon a public street or pedestrianway within the Borough of Ephrata without said property owner or other person in possession of real estate first obtaining a permit from the Code Enforcement Officer of the Borough upon application and payment of the fee established from time to time by resolution of the Council of the Borough of Ephrata. A permit will be approved or rejected within five working days of application.
A. 
A permit for temporary dumpsters shall be for an initial term of not more than 30 days. Provided the applicant is in compliance with all provisions of this article and all other applicable Borough regulations, a renewal permit may be approved and issued for an additional thirty-day period upon application and payment of the permit renewal fee. Not more than two renewal permits shall be issued by the Borough for any temporary dumpster(s) placed upon any Borough street, pedestrianway or state highway. Upon the expiration of the initial permit period or any renewal thereof, the dumpster shall be promptly removed.
B. 
Not more than one permit, including all renewals thereof, shall be issued for any property during any one-year period.
A. 
Prior to the issuance of any permit for any temporary dumpster, its location and usage shall be reviewed and approved by the Ephrata Borough Police Department.
B. 
The following requirements shall apply to any temporary dumpster placed upon public streets or pedestrianways in the Borough:
(1) 
Reflectors or reflective tape, a minimum of six inches in diameter, shall be placed upon all four sides of the dumpster, each side containing a minimum of four reflectors, in such a manner as to make the dumpster visible at night.
(2) 
Each of the dumpster rollers or wheels (if any) must be placed upon a wooden pad of at least six inches by six inches and at least 3/4 of an inch in thickness in order to prevent damage to the road surface.
(3) 
No dumpster shall be placed nearer than 15 feet to any fire hydrant within the cartway or other area intended for fire-fighting equipment.
(4) 
The name, address and telephone number of the dumpster owner/operator shall be conspicuously placed on at least two sides of the dumpster.
(5) 
No dumpster shall be placed within the cartway of any street extending a distance of more than 10 feet from the curbline or edge of cartway.
(6) 
The location of any dumpster upon any public street shall not interfere with any required clear sight distance across any intersection or otherwise endanger the safe and convenient movement of vehicular and pedestrian traffic.
(7) 
The location of any dumpster upon any public street shall not obstruct any pedestrianway or the travel lane of any public street.
(8) 
No dumpster shall be loaded in such a manner as to cause its contents to spill onto any street, sidewalk or other area intended for pedestrian travel.
(9) 
No dumpster shall contain any hazardous waste unless pursuant to a permit for such waste issued by the appropriate governmental entity.
(10) 
No materials contained in dumpster shall emit any noxious or offensive odor or otherwise create any hazard or risk to public health.
(11) 
No dumpster shall be placed in such a manner as to interfere with the operation or maintenance of any public utility.
(12) 
The permit shall be conspicuously placed in a location that permits it to be identified from a public street.
A. 
No temporary dumpster shall placed or used upon a public street or pedestrianway within the Borough of Ephrata without the hauler, owner or provider of said temporary dumpster first obtaining a license from the Code Enforcement Officer of the Borough upon application and payment of the fee established from time to time by resolution of the Council of the Borough of Ephrata. A license will be approved or rejected within five working days of application.
B. 
No license shall be issued or remain valid unless the applicant can demonstrate continuing compliance with all of the requirements set forth in § 277-24 herein.
C. 
No license shall be issued until the applicant shall provide in a form acceptable to the Borough financial security guaranteeing that the dumpster will be removed from the public street or pedestrianway at the expiration of the permit period or upon the applicant's failure to comply within 48 hours of written notice of noncompliance with any of the requirements set forth in § 277-24 herein.
For each violation of the provisions of this article, any person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $300 nor more than $1,000 for each offense, together with the costs of prosecution and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article and each section of this article that is violated shall be considered a separate violation.