[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 3-24-2008 by Ord. No. 2008-1. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Jenkintown Solid Waste Receptacles Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any receptacle intended to collect all waste permitted pursuant to Chapter 152 of the Borough Code (thereby excluding unacceptable waste as defined therein) from a site or property, which shall include, but is not limited to, dumpsters, roll-offs, PODS™ or any other similar-type containers.
A.
It shall be unlawful for any person to place on property or site
or any street or roadway within the Borough any waste receptacle in
any residential zone or commercial zone not in accordance with the
Borough's solid waste disposal provisions set forth in this chapter
without a permit issued by the Borough Manager.
B.
All permits issued for waste receptacles in accordance with this
section shall be approved by both the Borough Manager and the Chief
of Police or a duly designated police officer and shall automatically
expire after a term not to exceed within one month from the date of
issuance, as shall be determined by the Borough Manager, and may be
renewed upon approval by the Borough Manager upon submission of a
written request to the office of the Borough Manager.
C.
All permits for placement of waste receptacles along Borough streets
and roadways will automatically expire unless renewed as indicated
above. All such permits shall be issued upon proof or certificate
of insurance, naming the Borough as an additional insured against
all claims or damages that may arise as a result of the placement
of such waste receptacles, and the completion in its entirety of an
application to obtain such permit.
All applications for issuance of a permit for use of a waste
receptacle shall indicate the following:
A.
Location of the waste receptacle which shall be located on the property
of the applicant or on the adjacent street or roadway, limited to
such place as the Borough Manager shall deem safe and appropriate,
which will in no manner obstruct or interfere with the safety of pedestrians
and operators and other occupants of motor vehicles, or otherwise
contravene any laws, rules or regulations of the Borough or the Commonwealth
of Pennsylvania.
B.
Configuration of the waste receptacle shall be determined by the
Borough Manager to be adequately designed so as to prevent solid waste
from accumulating in the waste receptacle above the height of the
waste receptacle and will fully enclose its contents to prevent unauthorized
access to the waste receptacle and the infiltration of precipitation
causing subsequent leakage upon the property of the applicant or the
aforementioned adjacent street or roadway.
C.
A confirmation by the applicant under oath of applicant's full compliance with the requirements of this chapter and all other applicable laws of the Borough related to the location, installment and maintenance of the waste receptacle and full compliance with the Borough Code, including Chapter 152, related to solid waste disposal.
D.
All nonresidential applicants shall provide a fee to the Borough
of $50 accompanying each application or request for renewal.
A.
Failure to comply with this Chapter 153 shall result in the automatic revocation of the permit or renewal thereof after written notice from the Borough. Such waste receptacle shall be removed from the property or adjoining street or roadway, as the case may be, not later than three days after the date of the Borough's notice.
B.
Failure to remove the waste receptacle after notice from the Borough
shall result in the Borough's power and authority to enter upon
the property and remove such waste receptacle, and the applicant shall
be solely responsible to reimburse the Borough for the costs of the
removal of the waste receptacle.
C.
The Borough further reserves the right to seek enforcement and compliance with this Chapter 153 by all legal means available, including but not limited to the filing of a nontraffic summary offense citation. Upon adjudication by a court of appropriate jurisdiction, any party found to be guilty of the violation of this chapter shall pay fines of $1,000 per violation. A separate offense shall arise for each and every day in which the violation is found to exist and continuing thereafter.
