[Adopted 1-24-1991 by Ord. No. 1702, approved 1-24-1991]
As used in this article, the following terms shall have the meanings indicated:
CONSTRUCTION WASTE DUMPSTER
A unit designed for the deposit of waste materials at a building construction, repair or demolition site, commonly located on a temporary basis on a highway abutting the site and transportable to and from the site for purposes of disposal of its contents by means of a carrying vehicle.
HIGHWAY
Any public street, avenue, alley or other thoroughfare within the Borough of Carlisle.
PERMITTEE
A person who obtains or is required to obtain a permit under this article.
PERSON
Any natural person, firm, partnership, corporation, association or similar entity.
No person shall place upon, cause to be placed upon or permit to remain upon a highway a construction waste dumpster without first obtaining a permit therefor from the Code Enforcement Officer or his or her designee. The duration of such permit shall be stated thereon, and the continued validity of such permit shall be contingent upon full compliance with the regulations set forth in § 223-50.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any fee for a permit pursuant to this article shall be as set forth in Chapter 120, Fees, as enacted and ordained and as may from time to time be amended.
A. 
A construction waste dumpster placed upon a highway shall not extend substantially into a travel lane.
B. 
A construction waste dumpster placed upon a highway shall bear reflective markings in sufficient positions and with sufficient reflective capacity to provide reasonable warning to approaching nighttime traffic of its location, and a standard barricade light shall be in operation on the dumpster side nearest the travel lane of the highway from sunset to sunrise.
C. 
No highway shall be closed for the purpose of location or utilization of a construction waste dumpster.
D. 
Location and utilization of a construction waste dumpster upon a highway shall not be such as to constitute a safety hazard to person or property.
E. 
Where a construction waste dumpster is placed upon a portion of a highway within a parking meter zone, tradesman parking meter hoods shall be obtained for the affected meters at the fees as set forth in Chapter 120, Fees, as enacted and ordained and as may from time to time be amended.
F. 
Location and utilization of a construction waste dumpster upon a highway shall be in compliance with all other federal, state and local statutes, rules and regulations applicable thereto.
G. 
Liability insurance shall be maintained by the permittee in at least the amounts of $300,000 for personal bodily injury or death to any one person, $500,000 for personal bodily injury or death aggregate per single accident or occurrence, $100,000 for property damage per occurrence and $100,000 for property damage aggregate arising out of or in connection with the placement or utilization of the construction waste dumpster on the highway with the Borough of Carlisle being named as an additional insured on said policy for said purpose.
H. 
The permittee shall execute an indemnity agreement, in a form reasonably acceptable to the Borough of Carlisle, promising to indemnify, save harmless and defend the Borough, its officials, agents, servants, and employees and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person or any death at any time resulting from such injury or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the placement or utilization of the construction waste dumpster on the highway.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
Without limitation as to utilization of any other remedy or action available to the Borough, at law or in equity, civil or criminal, noncompliance with any of the regulations set forth in § 223-50 of this article shall be ground for revocation by the Code Enforcement Officer or his or her designee of the permit issued pursuant to this article as shall any material false statement or omission made in connection with the application for the permit.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each and every offense and, in default of payment of such fine and costs, to imprisonment for not more than 30 days; provided that each day's violation of any of the provisions of this article shall constitute a separate offense.