[HISTORY: Adopted by the Borough Council of the Borough of
Derry 2-9-2009 by Ord. No. 728; amended in its entirety 12-12-2011 by Ord. No.
743. Subsequent amendments noted where applicable.]
No dumpster or any other nonregistered, non-self-propelled equipment
shall be placed and allowed to remain standing upon any public property,
without the owner of said dumpsters and other equipment first obtaining
from the Borough Secretary a permit which indicates the dates for
which the permit is valid. Said permit shall be affixed to the dumpster
or any other nonregistered, non-self-propelled equipment in a conspicuous
location. All equipment shall display a red light or reflective device
which allows the equipment to be plainly visible from a distance of
200 feet in all directions, and shall not be parked within 25 feet
of any street intersection. Permit fees shall be set by the resolution
of the Council.
Each permit applicant shall submit with their application a
$250 deposit and a permit fee in the amount of $5 per day. The deposit
amount shall be refunded within five business days of the expiration
of the permit after inspection by the Borough of the road where the
dumpster was situated, provided that no damage has been caused to
the road. In the event that damage has been caused to the road, the
Borough will utilize the $250 deposit to repair the damage to the
road. The permit applicant will be responsible to the Borough for
the costs of any damage to the road or surrounding area caused by
the dumpster or other nonregistered, non-self-propelled equipment
which exceed the $250 deposit.
A.
Each permit applicant is required to use skid plates or other appropriate
pavement-protecting material on the pavement covering the entire area
and within a one-foot perimeter of where the dumpster is to be placed.
This measure is intended to protect the pavement during the loading
and exchange of the dumpster.
B.
It is the responsibility of the owner of the dumpster or other equipment
to apply for the dumpster permit. Permit applications can be picked
up at the Borough office and submitted directly to the Borough Secretary.
The Derry Borough Police shall give notice, by personal service
and/or by certified United States mail, to the owner, reputed owner,
or user of the dumpster or any other nonregistered, non-self-propelled
equipment of the provisions herein and violation(s) of the same, directing
removal of or immediate application for permit for use of any dumpster
or any other nonregistered, non-self-propelled equipment, in compliance
with this chapter, within such time as the notice shall specify. When
in the judgment of the police it is impracticable to give notice as
above provided, either because the owner cannot be readily found or
because a search for the owner would entail unreasonable delay, the
Derry Borough Police may give notice by posting conspicuously on the
vehicle where such violation exists a notice and/or order advising
of the violation and demanding compliance with this chapter within
such time as the notice shall specify. In such cases where the owner
or reputed owner fails or refuses to comply with the notice, the Derry
Borough Police are authorized to remove the dumpster or any other
nonregistered, non-self-propelled equipment as set forth in this chapter.
The use or placement of any dumpster or any other nonregistered,
non-self-propelled equipment upon any public property without a valid
permit shall constitute a summary offense punishable, upon conviction
thereof by a District Justice, by a fine not to exceed $1,000, plus
costs, and/or by a term of imprisonment not to exceed 30 days. Each
violation shall constitute a separate and distinct offense. The fine
for any person convicted of violation of any section of this chapter
shall include the costs of prosecution, and the reasonable towing
and storage costs.
The penalty provisions of this chapter shall be independent,
non-mutually-exclusive, separate remedies, all of which shall be available
to the Borough of Derry as may be deemed appropriate for carrying
out the purposes of this chapter. The remedies and procedures provided
in this chapter for violation hereof are not intended to supplant
or replace, to any degree, the remedies and procedures available to
the Borough of Derry in the case of a violation of any other code
or ordinance of the Borough of Derry, whether or not such other code
or ordinance is referenced in this chapter and whether or not all
ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this chapter.
