As used in this article, the following terms shall have the
meanings indicated, except where the context specifically indicates
otherwise:
DUMPSTER
A metal storage receptacle used to temporarily store debris
or garbage and which is then emptied of its contents or removed with
its contents to a dumpsite.
PERSON
Any natural person, association, partnership, firm or corporation.
PORTABLE STORAGE DEVICE
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 or a temporary dumpster, including, but not limited to,
containers commonly known as "portable storage devices" or "PODS.®"
STREET
The portion of any public street, alley, and any other ways
used or intended to be used by vehicular traffic or pedestrians.
TEMPORARY DUMPSTER
Any dumpster used or intended as a disposal facility for
construction, renovation, or demolition projects, special events,
seasonal use, or other purposes not permanent in nature.
No property owner or other person in possession of real estate
shall place or use a temporary dumpster or portable storage device
upon a public street or pedestrianway within the Borough of Denver
without said property owner or other person in possession of real
estate first obtaining a permit from the Code Enforcement Officer
of the Borough upon application and payment of any fee established
from time to time by resolution of the Council of the Borough of Denver.
A permit will be approved or rejected within five working days of
application.
[Amended 7-29-2013 by Ord. No. 612]
For each violation of the provisions of this article, any person
who commits, takes part in, or assists in any such violation shall
be liable upon conviction thereof in a summary proceeding to pay a
fine of not less than $300 nor more than $1,000 for each offense,
together with the costs of prosecution and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day or portion thereof in which a violation exists shall
be considered a separate violation of this article and each section
of this article that is violated shall be considered a separate violation.
Upon summary conviction or in a civil action, the defendant may be
assessed reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings in accordance with Section 3321(6)
of the Borough Code.