[Adopted 3-19-2008 by Ord. No. 3-2008; amended in its entirety 5-21-2008 by Ord. No. 4-2008]
The following terms in this article shall be defined as follows:
CITY
The City of Monessen, Westmoreland County, Pennsylvania.
DUMPSTER
A container designed to be emptied by elevation into the air and turning so that the contents may be deposited into a garbage truck for disposal, and includes any container which must be lifted onto the back of a truck for removal from its location. A dumpster shall not be used for the collection, holding or disposal of solid waste.
PERSON
Any natural person, partnership, association, firm or corporation.
SOLID WASTE
A. 
Garbage, refuse, rubbish, ashes and grass clippings, including, but not limited to, all table and kitchen offal and waste, including cans or containers, broken dishes, glass and chinaware, together with all paper containers in which such material may be wrapped. The terms "rubbish, refuse and ashes" shall consist of any and all items normally found around the household. Also, any household furniture and appliances and other miscellaneous household fixtures and items collected by the City's contracted trash collector, including Christmas trees during routine weekly pickups or at other times.
B. 
"Solid waste" shall also include the definitions of that term in:
(1) 
The Municipal Waste Planning, Recycling and Waste Reduction Act of July 28, 1988, P.L. 556 Act No. 101;[1] and
(2) 
Any current contract for waste collection of which the City, directly, or through the Mon Valley Sewage Authority, is a party, and shall be construed consistently therewith.
C. 
"Solid waste" does not include: stone, block or brick, lumber or plaster, leaf waste, remodeling and construction materials, paving material, cement, stones, sand, dirt, broken concrete and automobile parts.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
No person shall place, cause to be placed or use a dumpster or similar container on any City street, roadway or sidewalk or upon any public property within the City without first obtaining a permit from the Office of Code Enforcement. A separate permit must be obtained for each individual dumpster placed or used.
A. 
No dumpster may be placed on a City street, roadway or sidewalk so as to block or obstruct passage completely on said street, roadway or sidewalk. No permit will be issued if the Code Enforcement Officer determines that such condition is likely to occur.
B. 
A dumpster placed on a City street or roadway shall be adequately reflectorized or equipped with flashing lights in working order to ensure the safety of pedestrian and/or vehicular traffic. A dumpster shall have both front and rear surfaces reflectorized or lit so as to indicate the height and width of same and shall be visible from 500 feet by auto headlights.
C. 
There shall be no defect or faulty design in a dumpster which creates a substantial risk of hazard to the general public.
D. 
When a dumpster with a capacity of 10 cubic yards or more will be used, the applicant shall provide adequate protection to the roadway surface if the City Engineer so recommends.
E. 
The Code Enforcement Officer shall determine whether a suitable cover shall be placed over the dumpster in order to prevent the contents from being displaced and/or causing litter on public or private property or creating dust, offensive odors or health hazards. When necessary, as determined by the Office of Code Enforcement, a dumpster shall have adequate restraints to prevent inadvertent movement from its location.
F. 
The dumpster shall be conspicuously marked with the name and address of its owner and have thereto affixed a copy of the currently effective permit.
A. 
No person shall use, cause to be used or permit the use of a dumpster for the collection and disposal of solid waste, as defined or referenced herein, or items designated by the Mon Valley Refuse Disposal Authority to be recycled from all residential, institutional, business and commercial establishments in the City.
B. 
Council, from time to time as necessary, may, by resolution, modify the exclusions from which a dumpster may be used, based on changes in the law or the City's contractual obligations for refuse disposal.
A. 
An applicant for a dumpster permit shall provide such information as required by the Office of Code Enforcement.
B. 
The Office of Code Enforcement shall obtain approval of the City Police Department and the Fire Department before any permit may be issued.
C. 
Upon a showing that the within standards have been met and payment of the required fee, the Office of Code Enforcement shall issue the permit.
Each application for dumpster use in connection with nonresidential real property shall be accompanied by a certificate or certificates of insurance in a form approved by the City Clerk and issued by one or more insurance companies authorized to do business in 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 City:
A. 
Comprehensive general liability, naming the City as one of the insured. The policy shall be written to cover bodily injury (including death) for not less than $100,000 per person and $300,000 per occurrence and property damage for not less than $100,000 in the aggregate.
B. 
A policy which will protect the City in the sum of at least $20,000 from loss due to damage caused to any street, sidewalk or other public property by reason of the placement, maintenance or use of the dumpster.
A permit fee of $20 shall be assessed for the issuance of a permit for the use of each dumpster to be placed on any City street, roadway or sidewalk, or public property. Fees collected may be used for the City's general purposes. From time to time, City Council may, by resolution, modify the amount of the permit fee.
On or before the expiration of the permit, the permit holder shall remove or cause the removal of the dumpster. The permit holder is responsible for cleanup of the area where the dumpster was located. The Code Enforcement Officer is responsible for determining compliance with this requirement.
No person who has obtained a permit under this article shall continue to utilize said dumpster, or permit it to remain upon any City street, roadway, sidewalk or public property, after the permit has expired, unless an extension or new permit has been issued.
Violation of any terms and conditions of this article by the applicant, his agents, employees or any contractor hired by the applicant shall be reason for immediate revocation of the permit by the Code Enforcement Office, whereupon the applicant shall remove the dumpster from public property within 24 hours of notice from the Office of Code Enforcement. Such action shall be in addition to any other penalties authorized to be assessed under this article.
Any person who violates or fails to comply with any provision of this article shall, upon conviction thereof in a summary proceeding before any Magisterial District Justice having jurisdiction over such offense, be sentenced to pay a fine of no less than $50, and no more than $300, or to undergo imprisonment for a period not exceeding 90 days, or both. Each day's violation or failure to comply with any provision of this article shall constitute a separate offense.
A. 
The permit fee stated herein shall not apply to: any contractor conducting business with or for the City of Monessen; the demolition of a residential structure within the City of Monessen. The issuance of a permit is required.
B. 
Private property. Sections 331-15 through 331-27 of this article shall not apply to, nor be construed to prohibit, the placement and use of a dumpster on private property, if such placement will not violate any other provision of the City Code. However, the following conditions apply to the placement or use of a dumpster on private property:
(1) 
No dumpster may remain on private property in excess of 30 days unless the real property is located within a Planned Light or Heavy Industrial District (M1 or M2).
(2) 
No dumpster shall be placed in the front yard of private property unless specifically approved and noted, in writing, on the issuance of a permit by the Office of Code Enforcement.
(3) 
Placement of the dumpster shall be in such location and used so as not to constitute a public nuisance or to interfere with neighbors' usual and customary use and enjoyment of their property.
Any expense incurred by the City in enforcing this article, including the removal of a dumpster from public or private property, may be subject to the filing of a municipal claim against the record owner of the property where the dumpster is placed or the property intended to be serviced by the dumpster.