[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 8-5-2009 by Ord. No. 2009-06. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DUMPSTER AND/OR STORAGE POD
- A large bin (either fixed or removable), a storage container, a construction site hamper, a refuse container, or a roll-off box, utilized for the accumulation or storage of debris, trash, lumber, demolition materials, and other repair, rehab and/or construction-related refuse and/or waste; generally temporary in purpose and nature and not permanent; usually attendant to a home repair, building construction or rehabilitation and/or demolition purposes, or a self-contained container that is used to store items for relocation or temporary storage need. Those permanently located on private property and not positioned in or on the Borough's right-of-way, alleyway, or street are excluded from the permit fees of this chapter only.
The owner, operator and user of a dumpster and/or storage pod are each responsible for securing the appropriate right-of-way and public use permit required by the Borough of Downingtown. This permit is to be secured prior to the commencement of any work on a specific project from the Borough Secretary on forms provided by the Borough. Permits will remain valid for an initial period of 15 days. Permits may be extended for valid cause after review by the Borough for an additional, reasonable period determined by the Building Code Official and upon payment of extension fees. A single permit will cover the replacement of dumpsters if more than one is required during the duration of the permit.
The owner, operator and user of a dumpster and/or storage pod each are responsible for any and all damage to streets, sidewalks, curbs, the public right-of-way or any public improvement which results from the placement, service, operation, use or removal of the dumpster and/or storage pod.
The owner, operator and user of a dumpster and/or storage pod are responsible for any liability and/or damage for any personal injury and or vehicular incident and/or accident.
The owner, operator and user of a dumpster and/or storage pod shall assume all risks, and the Borough shall not be liable for any damage to the dumpster and/or storage pod located upon a Borough street, alley or right-of-way for any reason, such as when the Borough is plowing snow, maintaining the street or other facilities within the street or performing other public functions. The Borough may cause the removal of a dumpster and/or storage pod at the expense of the owner, operator and user of the dumpster and/or storage pod, or the owner or lessee of the property, if the Borough staff determines that the owner, operator or user of the dumpster and/or storage pod has violated any provision of the Code of the Borough of Downingtown, if the required fees have not been paid or the permit obtained, or if the placement of the dumpster and/or storage pod raises concerns about the safety, health or welfare of any person.
Fees for the initial permit will be $20 per dumpster and/or storage pod. These fees may be adjusted from time to time by resolution of Borough Council. In addition, whenever an extension is granted, a fee of $15 will be assessed for each extension.
The placement of the dumpster will be determined by the Borough of Downingtown Codes Department, with the approval of Downingtown Police Department. The dumpster and/or storage pod will be placed in front of the property to which the use of the dumpster and/or storage pod is to be devoted when roadway conditions and traffic safety permit.
Any person or entity that violates any provision of this chapter, shall upon conviction thereof, be sentenced to pay a fine not exceeding $1,000, plus costs, and in default of payment of such fine and costs be subject to imprisonment for not more than 30 days for each offense.
Throughout the time that the dumpster is present within the Borough at the approved location, the dumpster and/or storage pod is to be emptied when full within two days and kept in a safe, secure and sanitary condition, free of pests, vermin and odor. Should the odor be found to be offensive or be the cause of complaints, the Borough has the right to arrange the removal of the dumpster at the permitee's cost by the carting company. Dumpsters are to be kept covered and doors must be closed during nonuse hours.