[Adopted 10-4-2021 by Ord. No. 445]
[1]
Editor's Note: Former Art. II, Riding Animals; Dumping; Sidewalk
Maintenance, adopted 9-12-1895 by Ord. No. 16, was amended to be included in Art.
I, Obstructions and Nuisances, 10-4-2021 by Ord. No. 445.
Dumpsters and portable storage containers are a necessary part
of the residential and business community of the Borough of Quarryville.
If left unregulated, dumpsters and portable storage containers can
create problems which can have a detrimental impact on the health,
safety, and welfare of the community. Dumpsters and portable storage
containers can hinder pedestrian and vehicular traffic flow and create
dangerous conditions by obstructing sidewalks and streets and can
create an appearance of disorder and economic blight. Council has
determined that the regulation of dumpsters and portable storage containers
within the Borough will promote the health, safety, and welfare of
the community by preventing hazards associated with these devices,
by facilitating pedestrian and vehicular traffic flow and by eliminating
a nuisance that creates the appearance of inefficiency and economic
blight.
The following definitions shall apply in the interpretation,
administration, and enforcement of this article:
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, as now or hereafter amended.[1]
The Borough of Quarryville, Lancaster County, Pennsylvania.
All table, refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetable and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Any garbage, refuse or a combination thereof, as defined
in Act 97, which because of its quantity, concentration, or its physical,
chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
A person who obtains or is required to obtain a permit under
this article.
Any natural person, firm, partnership, corporation, association,
limited-liability company, estate, trust or other legally recognized
entity.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough.
Any item placed in a street for a period in excess of 48
consecutive hours that is not a motor vehicle as defined by the Pennsylvania
Vehicle Code[2] or a waste dumpster, including, but not limited to, containers
commonly known as "portable storage devices," stones, mulch, and yard
waste.
A unit designed for the deposit of waste materials at or
near a building or other structure, commonly located on a temporary
basis on a street abutting the site and transportable to and from
the site for purposes of disposal of its contents by means of a carrying
vehicle.
No person, other than agents or employees of the Borough, shall
place, maintain or use a waste dumpster or street storage, on public
property, including public thoroughfares, without first having obtained
a permit from the Borough by filing an application with the Borough
in a form to be hereafter prescribed. Any application fee for obtaining
such a permit shall be established by ordinance or by resolution of
the Borough Council. If the waste dumpster or street storage is or
will be located on the street or within the cartway, the placement
of the waste dumpster or street storage must be approved by the Chief
of Police or his/her designee.
A.Â
The permit application is considered complete when all required information
is provided on the permit application and any applicable fee is paid.
B.Â
The applicant shall demonstrate that placement of the waste dumpster
or street storage in the public street right-of-way is necessary and
that there is not a location on the property which the waste dumpster
or street storage serves for the placement of the waste dumpster or
street storage.
C.Â
The permit must be issued prior to the placement of the waste dumpster
or street storage by the applicant.
D.Â
All permits issued under this article shall be valid for a period
of 15 working days from the date of placement of the waste dumpster
or street storage, as stated in the application. If it becomes necessary
to amend the date of placement of the waste dumpster or street storage,
the applicant shall notify Borough authorities, and the 15 days will
begin with the actual placement of the waste dumpster or street storage.
E.Â
An applicant may apply for an extension of the ten-working-day period,
to be granted by the enforcement official in increments of 15 working
days, if the enforcement official deems the extension necessary and
reasonable. The applicant must apply for an extension at least three
days before the expiration of the original permit.
A.Â
The placement of a waste dumpster or street storage upon a street
shall not extend into the travel lane of traffic. The placement shall
be at a location which minimizes damage to the street, and the waste
dumpster or street storage shall be placed on a barrier to prevent
direct contact with the surface of the street. Such barrier may be
plywood or other similar materials, and the barrier shall be acceptable
to the Borough.
B.Â
A waste dumpster or street storage placed upon a street shall be
illuminated with a warning light, light reflector or a reflectorized
material on the front and rear surfaces in such a manner to indicate
the height and width of it and shall be visible for a distance of
not less than 300 feet between the hours of sunset and sunrise.
C.Â
The location and utilization of a waste dumpster or street storage
upon a street shall not be in a manner which constitutes a safety
hazard to persons or property.
D.Â
The location and utilization of a waste dumpster or street storage
upon a street shall be in compliance with all federal, state and local
laws, rules and regulations applicable thereto, including, but not
limited to, any highway occupancy or other permit required by the
Pennsylvania Department of Transportation, in addition to the requirements
of this article.
E.Â
The waste dumpster or street storage shall be kept at least 20 feet
away from any crosswalk and from any intersection and must be placed
so it does not block the view of any motorist pulling into a roadway.
F.Â
The waste dumpster or street storage shall be conspicuously marked
with the name, address and phone number of its owner, and a copy of
the current effective permit shall be visibly attached to it.
G.Â
During all times when the waste dumpster or street storage is in
place and in use, a tarpaulin or other suitable weather-resistant
cover shall be placed over it in order to protect the contents from
being displaced and/or causing litter on public property or a private
premises or creating dust, offensive odors or other health hazards.
In all instances, the container shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from its
original location. The need for restraints shall be determined by
Borough officials at the time the permit is issued.
H.Â
No overflow of any material shall be permitted from the waste dumpster
or street storage, nor shall any accumulation of any material next
to the waste dumpster or street storage be permitted.
I.Â
Hazardous waste and garbage shall not be stored in a waste dumpster
or street storage.
J.Â
There shall be no defect or faulty design in the waste dumpster or
street storage, which might create a hazard to the general public,
interfere with its operation or inhibit the purpose for which it is
to be used.
K.Â
Liability insurance shall be obtained and maintained by the permittee
in the amount of at least $500,000 for property damage and personal
injury, combined single limit, arising out of or in connection with
the placement or utilization of a waste dumpster or street storage
on any street, with the Borough being named as an additional insured
on said policy for such purpose.
L.Â
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough, 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 attorneys' fees for or on account of any
injury to any person 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 a waste dumpster or street storage
on any street.
M.Â
Only one waste dumpster or street storage per property will be permitted
on any street in the Borough.
N.Â
If a chute or similar device or object is to be used with a waste dumpster, it must be deemed structurally sound by the Borough or its designee, and liability insurance in the same amount and form as set forth in Subsection K above shall be provided.
O.Â
The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage to the waste dumpster or street storage
when the Borough is plowing snow, maintaining the street or other
facilities within the street or performing other public functions.
P.Â
The permittee shall be responsible for all damages to Borough property
which may occur as a result of the placement or use of the dumpster
or street storage. If the permittee does not promptly repair any damage
after notice to do so from the Borough, the Borough may repair such
damage and recover the cost from the permittee.
Without limitation as to the utilization of any other legal
or equitable remedy or action available to the Borough, civil or criminal,
noncompliance with any of the requirements or provisions set forth
in this article or any material false statement or omission made in
connection with the application for a permit shall be grounds for
revocation by the Borough Manager, the Borough Chief of Police or
their designee of the permit issued pursuant to this article.
A.Â
Removal of waste dumpsters or street storage. The Borough may, at
the expense of the owner or lessee of the property or the permittee,
remove or cause the removal of a waste dumpster or street storage.
B.Â
Violations and penalties. Any person violating any provision of this
article shall, upon conviction thereof in a summary proceeding, be
sentenced for each violation to pay a fine of not less than $100 nor
more than $1,000 and costs of prosecution, including the Borough's
reasonable attorneys' fees, which fines and penalties may be
collected as provided by law. Each day that a violation continues
shall be separate offense, and each section of this article which
is violated shall be a separate offense.
