[HISTORY: Adopted by the City Council of the City of Nanticoke 10-2-2002 by Ord. No.
13-2002 (Ch. 20, Part 3, of the 2004 Code of Ordinances).
Amendments noted where applicable.]
A.
Enactment. The following divisions, section, subsections providing
for the regulation of waste dumpsters located in public rights-of-way
by the Building Inspection Office of the City of Nanticoke and providing
permits, fees and the licensing of waste dumpster hauling contractors
and prescribing penalties for the violation of this chapter be and
the same are hereby enacted.
B.
Short title. This chapter may be cited as the "Waste Dumpsters Ordinance
of the City of Nanticoke," hereinafter referred to as the "Dumpsters
Ordinance."
C.
Effective date. The provisions of the Dumpsters Ordinance and rules
and regulations of the Office of Code Enforcement interpreting such
provisions shall become effective as provided in the ordinance adopting
this chapter.
D.
Intent. This chapter is hereby declared to be remedial and shall
be constructed to secure the beneficial interests and purposes thereof,
which are public safety, health and welfare, by providing a system
of specifications, regulations and licensing to ensure that the location
of waste dumpsters within the public right-of-way does not impede
or endanger the free flow of pedestrians or vehicular traffic within
the City; it is the intent and purpose to further protect the health,
safety and welfare of the general public of the City.
E.
Legislative. If any section, subsection, sentence, clause or phrase
of this chapter is for any reason declared to be invalid, such decision
shall not affect the validity of the remaining portions herein. The
City Council hereby declares that it would have passed the remaining
parts of this chapter and the remaining sections, subsection, sentences,
clauses or phrases irrespective of any one or more sections, subsections,
sentences, clauses or phrases which have been ruled invalid.
F.
Interchangeability. Words used in the present tense include the future,
words used in the masculine gender include the feminine and neuter,
the singular number includes the plural, and the plural the singular.
G.
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of the right-of-way designated for vehicular
use. This shall include both opened and unopened streets.
A unit designed for the deposit of waste materials at building
construction, repair or demolition sites, commonly located on a temporary
basis on a public right-of-way abutting the site, and transportable
to and from the site for purposes of disposal of its contents by means
of a carry vehicle.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
A unit designed for the deposit of all types of rubbish materials,
excluding garbage, generated at sites other than building construction,
repair or demolition.
Any individual, firm or partnership, association or corporation.
The width of a strip of land between property lines set aside
for public use or ownership as a street, alley, crosswalk, easement
or other facility.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste such as paper, wrapping, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
items.
That portion of the sidewalk area which is paved for pedestrian
use.
That area extending from the curbline to the property line
which is designated by the City Engineering Office for pedestrian
use.
That portion of the treelawn area which is grass and/or tree
lined.
That area extending from the curbline to the sidewalk area
which is designated by the City Engineer office for grass and/or trees.
Regulations applicable to the permit requirements for the placement
of construction or nonconstruction waste dumpsters upon a public right-of-way
area are as follows:
A.
It shall be unlawful for any person to place upon, cause to be placed
upon or permit to remain upon a public right-of-way a construction
or nonconstruction waste dumpster without first filing with the Code
Enforcement Office an application, in writing, and obtaining a formal
permit. The duration of such permit shall be stated thereon and the
continued validity of such permit shall be contingent upon full compliance
with the regulations set forth in this chapter.
B.
An application for a permit shall be filed with the Office of Code
Enforcement by the property owner or a licensed contractor employed
in its respective field by the property owner in connection with the
placement of a construction or nonconstruction waste dumpster. An
application must be signed by the property owner and, in the case
of a permit being issued to a licensed contractor employed by the
property owner, an application permit must also be signed by the contractor.
C.
All permits issued shall cover only the work set forth in the permit
application; however, in the event that it is necessary to replace
a construction or nonconstruction waste dumpster upon a public right-of-way
prior to the completion of said work, additional permits shall not
be required.
D.
The placement of only one dumpster per job site upon a public right-of-way
shall be permitted at any one time.
E.
No permits shall be issued by the Code Enforcement Office if, in
its opinion, the location and placement of this construction or nonconstruction
waste dumpster will create a safety hazard to the use of the sidewalk
area, treelawn area or cartway by pedestrians or vehicles.
F.
Upon the issuance of a construction or nonconstruction dumpster permit
by the Code Enforcement Office, the permit must be displayed in a
conspicuous place in front of the premises plainly visible to passersby
and kept there for the duration of the permit. The applicant is responsible
for the maintenance of this permit and, should it be destroyed or
removed, must immediately obtain another copy.
[Amended 12-1-2004 by Ord. No. 16-2004]
A fee, in an amount to be established from time to time by resolution
of City Council, shall be paid for each construction or nonconstruction
waste dumpster permit issued by the Code Enforcement office.
A construction waste dumpster shall be permitted to be placed
upon a public right-of-way for the duration of a specific building
construction, repair or demolition project for which a building permit
was secured from the Office of Code Enforcement.
A nonconstruction waste dumpster shall be permitted to be placed
upon a public right-of-way for a maximum of five consecutive days.
The Code Enforcement Office shall have the discretion to approve a
time extension for a nonconstruction waste dumpster; however, under
no circumstances shall a nonconstruction waste dumpster be permitted
to be placed upon a public right-of-way for a period exceeding 30
days.
Regulations applicable to the placement of construction or nonconstruction
waste dumpsters upon a public right-of-way area are as follows:
A.
The placement of a construction or nonconstruction waste dumpster
upon a public right-of-way must be temporary in nature and must be
one that can be readily removed from the right-of-way.
B.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not extend into a cartway or impeded or endanger
the free flow of pedestrian or vehicular traffic.
C.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 20 feet of a crosswalk at
an intersection.
D.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 15 feet of a fire hydrant.
E.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall bear the owner's name and telephone number
displayed in a conspicuous place plainly visible to passersby and
kept there for the duration of the permit.
F.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall bear reflective markings in sufficient positions
and with sufficient reflective capacity to provide reasonable warning
to approaching nighttime traffic of its location, and a standard barricade
light shall be in operation on the dumpster side nearest the travel
lane of the public right-of-way from sunset to sunrise.
G.
No public right-of-way shall be closed for the purpose of location
or utilization of a construction or nonconstruction waste dumpster.
H.
The location and utilization of a construction or nonconstruction
waste dumpster upon a public right-of-way shall not be such as to
constitute a safety hazard to person or property.
I.
The placement of a construction or nonconstruction waste dumpster
shall not extend into the sidewalk area any more than 1/3 the width
of the sidewalk area, but in no case more than three feet.
J.
The placement of a construction or nonconstruction waste dumpster
shall not extend into the treelawn area unless approved by the Code
Enforcement Office.
K.
Where a construction or nonconstruction waste dumpster is placed
upon a portion of public right-of-way within a parking meter zone,
authorization from the Nanticoke City Police Department to bag the
meter or meters must be secured for all affected meters, at a fee
to be established by resolution of the City Council per meter, Monday
through Saturday.[1]
L.
The location and utilization of a construction or nonconstruction
waste dumpster upon a public right-of-way shall be in compliance with
all other federal, state and local statutes, rules and regulations
applicable thereto.
A nonconstruction waste dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in § 239-2 of this chapter.
A.
Every person engaged in the business of construction and/or nonconstruction
waste dumpsters shall, before engaging in such occupation, obtain
a license therefor from the Office of Code Enforcement after the submission
of the following documents:
(1)
A certificate of insurance, naming the City of Nanticoke as certificate
holder, establishing that said hauling contractor is currently covered
by a reputable insurance company acceptable to the Office of Code
Enforcement and the City of Nanticoke, covering said hauling contractor
in the amount of not less than $300,000 being single limit or split
limit for bodily injury and property damage. Said certificate shall
be for continuous coverage. In the event that the insurance is canceled,
the Office of Code Enforcement shall be notified, in writing, within
30 working days by said insurance company.
(2)
A certificate of workers' compensation insurance, naming the
City of Nanticoke as certificate holder. In the event that a hauling
contractor is not obligated to maintain workers' compensation
insurance because he does not employ individuals, he shall be required
to file a contractor affidavit form with the Office of Code Enforcement
affirming that he is not obligated to maintain workers' compensation
insurance.
(3)
His/its federal or state employer identification number.
(4)
An indemnity agreement, in form acceptable by the City Attorney,
promising to indemnify, save harmless and defend the City of Nanticoke,
its officials, agents, servants and employees, 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
death at any time resulting from such injury 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 the waste
dumpster in the public right-of-way. A license shall not be transferable
or assignable. Every person licensed under this chapter shall give
immediate notice of any change in his home or business address.
B.
Every person engaged in the business of construction and/or nonconstruction
waste dumpsters shall, before engaging in such occupation, pay an
annual license fee in an amount to be established from time to time
by resolution of City Council.
[Amended 12-1-2004 by Ord. No. 16-2004]
C.
All construction and/or nonconstruction waste dumpster hauling contractor
licenses shall be issued solely by the Code Enforcement Officer and
shall be valid for one licensing year and renewed annually. Prior
to renewing a license, a hauling contractor must submit the following
documents to the Office of Code Enforcement:
(1)
A certificate of insurance, naming the City of Nanticoke as certificate
holder, establishing that said hauling contractor is currently covered
by a reputable insurance company acceptable to the Office of Code
Enforcement and the City of Nanticoke, covering said hauling contractor
in the amount of not less than $300,000 being single limit or split
limit for bodily injury and property damage. Said certificate shall
be for continuous coverage. In the event that the insurance is canceled,
the Office of Code Enforcement shall be notified, in writing, within
30 working days by said insurance company.
(2)
A certificate of workers' compensation insurance, naming the
City of Nanticoke as certificate holder. In the event that a hauling
contractor is not obligated to maintain workers' compensation
insurance because he does not employ individuals, he shall be required
to file a contractor affidavit form with the Office of Code Enforcement
affirming that he is not obligated to maintain workers' compensation
insurance.
(3)
His/its federal or state employer identification number.
D.
In the event that a licensed construction and/or nonconstruction
waste dumpster hauling contractor fails to renew his license at the
specified time established by the City, the City will provide written
notification within seven working days after the date his license
has expired, giving the hauler 45 days to renew said license. The
hauling contractor will be required to pay, in addition to the normal
license fee, a late charge to be established by resolution of the
City Council, made payable to the City of Nanticoke.[1]
E.
License suspension.
(1)
Any construction and/or nonconstruction waste dumpster hauling contractor's
license issued to any person may be suspended by the Code Enforcement
Officer if, after a thorough and proper investigation, it is determined
that:
(a)
Said license was partially or wholly procured by or through nondisclosure,
misstatement or misrepresentation.
(b)
If previously imposed penalty shall not have met with full compliance.
(c)
The holder of said license has repeatedly and/or willfully violated
any of the provisions of this chapter. "Repeated violations" is hereby
defined as a minimum of three separate offenses within a period of
five years under this chapter, for which the licensee or offender
has either pleaded guilty or has been found guilty by a Magisterial
District Judge or other court of competent jurisdiction.
(2)
The Code Enforcement Officer, prior to invoking a suspension of a
license, shall first cause to be served upon said licensee, by certified
or registered mail, a written notice of suspension or revocation of
license, as the case may be, setting forth in specific terms and language
the nature of the repeated violations, the times thereof and places
of occurrences.
(3)
On first offense, a hauling contractor's license shall be suspended
for a period of one to three months. On a second offense, a hauling
contractor's license shall be suspended for a mandatory six months.
A third offense shall constitute an immediate revocation of a hauling
contractor's license.
(4)
If during the time of suspension a hauling contractor's license is eligible for renewal, said contractor will be exempt from meeting the license renewal provisions as defined in Subsection B above for the entire time period said license is suspended. Within 30 working days from the date the suspension is removed by the Code Enforcement Officer, the license renewal provisions as defined in Subsection B shall apply. In the event that the hauling contractor fails to renew his license within 30 working days from the date the suspension was removed, the provisions outlined in Subsection C shall apply.
F.
Revocation of license. Any construction and/or nonconstruction waste
dumpster hauling contractor's license issued to any person may
be immediately revoked by the Code Enforcement Officer if, after a
thorough and proper investigation, it is determined that:
(1)
The holder of the said license has willfully or negligently damaged
or caused to be damaged the City's public right-of-way.
(2)
The holder of said license has willfully or negligently placed a
construction waste dumpster in a public right-of-way which has created
a dangerous or unsafe condition which poses a threat to the safety
and welfare of pedestrian and/or vehicular traffic.
(3)
The holder of said license has repeatedly and/or willfully ignored
the stop-work order(s) issued by the Code Enforcement Officer.
G.
Use of license by another prohibited. No person licensed under these
provisions shall allow a permit to be issued in his or its own name
for use by a person not licensed as required herein to place construction
or nonconstruction waste dumpsters within the City's public right-of-way
under penalty of forfeiture of his or its license.
A.
Whenever the placement of a construction or nonconstruction waste
dumpster shall have been declared a safety hazard to the use of the
sidewalk area, treelawn area or cartway by pedestrians or vehicles
by the Building Inspector or his designee, the Code Enforcement Officer
or his designee shall serve or cause to be served upon the owner or
other person who may have a vested or contingent interest in said
waste dumpster a written notice describing the unsafe or hazardous
condition and ordering the same made safe and secure or removed within
48 hours after notice has been issued relative to the unsafe or hazardous
condition.
B.
If the person to whom such notice and order is addressed cannot be
found after diligent search, then such notice and order shall be sent
by registered mail to the last known address of such person, and a
copy of such notice shall be posted in a conspicuous place on the
construction or nonconstruction waste dumpster to which it relates.
Such mailing and posting shall be deemed adequate service.
C.
If the person served with a notice to make safe and secure or remove
the construction or nonconstruction waste dumpster should fail to
do so within the time frame specified, the Code Enforcement Officer
or his designee, when authorized by the Mayor, the Mayor's designee
or Nanticoke City Council, whichever is deemed appropriate, may have
said waste dumpster removed from the public right-of-way. Any costs
incurred shall be paid out of the City treasury on certification by
the Code Enforcement Officer or his designee.
D.
The City Attorney or other prosecuting authority shall institute
proper actions against the owner of the construction or nonconstruction
waste dumpster for the recovery of costs incurred by the Code Enforcement
Officer or his designee in the performance of having said waste dumpster
removed from the public right-of-way.
A.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, after having been served with written notice,
be liable to a fine of not more than $1,000 for each offense. Each
day that said violation or unsafe condition shall continue shall constitute
a separate offense and shall be liable to a fine of not more than
$1,000.
B.
The owner of a building, structure or premises, where the violation
of this chapter shall be placed or shall exist, and the contractor
employed in connection therewith and who may have assisted in the
commission of such violation, and the owner of the waste dumpster
who may have assisted in the commission of such violation, shall each
be guilty of a separate offense and, upon conviction thereof, shall
be liable to a fine of not more than $1,000 for each offense. Each
day that said violation or unsafe condition shall continue shall constitute
a separate offense and shall be liable to a fine of not more than
$1,000.
