[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park 4-13-1993 by Ord. No.
1052. Amendments noted where applicable.]
Unless otherwise expressly stated, the following terms, whenever
used in this chapter, shall be respectively deemed to mean:
Ridley Park.
Any container used in the normal course of demolition, construction,
renovation or nonorganic rubbish removal for the purpose of storing,
containing and/or carrying debris. This chapter does not pertain to
those dumpsters used for regular trash removal.
Includes representatives of the Board of Health, Code Enforcement
Committee, Police Department or Borough Office.
Any individual or individuals or corporation, partnership
or voluntary association.
Any property owned, leased or controlled by the Borough of
Ridley Park.
No person, other than agents or employees of the Borough of
Ridley Park, shall place, maintain or use a dumpster, trash bin or
storage bin or similar container on public thoroughfares or other
public property without first having obtained a permit to do so.
The person to whom the permit is issued shall be responsible
for the following:
A.
The trash bin, dumpster or storage bin shall be properly reflectorized
with flashing signal lights, illuminated barricades or six inch reflectors
as may be required by the Borough Police Department in order to ensure
the safety of pedestrian and/or vehicular traffic. Each dumpster shall
have both the front and rear surfaces reflectorized for night safety
in such a manner as to indicate the height and width of same with
visibility of 500 feet by auto headlights.
B.
There shall be no defect or faulty design in the trash bin, dumpster
or storage bin which might create a hazard to the general public,
interfere with its operation or inhibit the purpose for which it is
to be used.
C.
The placement of the trash bin, dumpster or storage bin shall not
block the flow of vehicular traffic or pedestrian traffic. When any
dumpster having a capacity of 10 cubic yards or more is used, the
contractor shall provide adequate protection to the roadway surface
as determined by the Borough Engineer.
D.
During all times when the dumpster is in use, a tarpaulin or other
suitable tight cover shall be placed over the dumpster in order to
protect the contents from being displaced and/or causing litter on
public or private property or creating dust, offensive odors or health
hazards. In all instances, the container shall, where necessary, be
provided with adequate restraints to prevent inadvertent movement
from original location. The need for restraints is to be determined
by the Borough Police Department.
E.
The trash bin, dumpster or storage bin is conspicuously marked with
the name and address of its owners and has affixed a copy of the currently
effective permit for the same.
This chapter shall not be construed to prohibit the placement
of the trash bin, dumpster or storage bin on private property when
such placement would not otherwise violate provisions of the Code
of the Borough of Ridley Park.
A.
Such containers shall not be placed on the lawn or front yard of
the property except by issuance of a special permit, at no fee.
B.
Placement of such container in a rear or side yard shall be in such
location and used so as not to constitute a public nuisance or to
interfere with neighbors' usual and customary use of their property.
All permits required by this chapter shall be issued by the
Borough Manager and/or Borough Secretary following written application.
This application shall address the need for such a container and reasons
why it is not practical to locate the container on private property.
Prior to the issuance of the permit, the Borough Manager and/or Borough
Secretary shall consult with a representative of the Police Department
to determine that the proposed use and location of the container shall
not constitute a traffic and/or safety hazard.
Application for a permit shall include but not be limited to
the following information:
A.
The name and address of the applicant and, if applicable, the name
and address of the lessor of the trash bin, dumpster or storage bin.
B.
A description or diagram of the location where the container will
be located.
C.
A description of the container which the applicant proposes to use, including the name of the manufacturer, its capacity and a description of the reflectors as required by § 94-3.
D.
The circumstances necessitating the use of the trash bin, dumpster
or storage bin and the reasons for placing the same on a sidewalk,
street or public place of the Borough.
E.
The length of time the applicant plans to utilize the trash bin,
dumpster or storage bin, which shall not exceed 10 working days, except
as further stated in this chapter. An applicant may apply for extension
of the permit subject to the additional fees as outlined in this chapter.
Each application for a permit hereunder shall be accompanied
by a certificate or certificates of insurance in a form approved by
the Borough Secretary/Manager and issued by one or more insurance
companies authorized to do business within the State of Pennsylvania
certifying that said company or companies have issued or have written
the following policies, which shall not be cancelable except on 15
days' written notice to the Borough:
A.
Comprehensive general liability, naming the Borough as one of the
insured. This policy shall be written to cover bodily injury (including
death) for not less than $1,000,000 per person and $3,000,000 per
occurrence and property damage for not less than $100,000 in the aggregate.
B.
A policy which will protect the Borough in the sum of at least $20,000
against any loss due to damage caused to any street or other public
property owned by the Borough by reason of the placement, maintenance
or use of the dumpster, trash bin or storage bin pursuant to any permit
issued hereunder.
A.
The application shall be accompanied by a minimum fee of $25, plus
$10 per day for each day or fraction thereof that said trash bin,
dumpster or storage bin shall remain on public property beyond 10
working days.
B.
Reimbursement shall be made to the Borough for daily parking fees
accrued for a dumpster parked in one or more metered spaces.
C.
No permit shall be issued until the appropriate fee has been submitted
to the Borough. If an advance payment is submitted to cover permit
fees for dumpsters remaining on public property beyond 10 working
days and the amount of time is less than originally anticipated, the
appropriate refund will be made by the Borough.
No person shall cause or permit the placing of any trash bin,
dumpster or storage bin or loose debris within 15 feet of any fire
hydrant.
On or before the expiration of the permit, the permit holder
shall remove or cause to be removed the trash bin, dumpster or storage
bin. The permit holder is responsible for cleanup of the area where
the dumpster was located. The Code Enforcement Officer is responsible
for approving compliance with this requirement.
Violation of any terms and conditions of this chapter by the applicant, his agents, employees or any contractor hired by the applicant shall be reason for immediate revocation of the permit. The container shall be removed from public property immediately upon revocation. Such action shall be in addition to the penalties provided in § 94-12.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation punishable
by a fine not exceeding $250 or by imprisonment not exceeding 15 days,
or both. The continuation of an offense against the provisions of
this chapter shall constitute, for each day the offense is continued,
a separate and distinct offense.
