[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 9-13-2007 by Ord. No. 639. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings ascribed to them therein:
- COMPACTION CONTAINER
- Any receptacle designed or utilized for the purpose of crushing, compressing, storage and/or collection of refuse, trash, debris or other solid waste materials.
- The types of receptacles defined in the definitions of "dumpster," "open-top container," "compaction container" and "portable outdoor storage facility" in § 274-1 of this chapter.
- Any uncovered, wheeled or otherwise movable receptacle utilized for the storage and/or collection of refuse, trash, debris or other solid waste materials.
- OPEN-TOP CONTAINER
- Any uncovered receptacle utilized for the storage and/or collection of refuse, trash, debris or other solid waste materials.
- A permit issued by the Department of Inspections authorizing the temporary placement of a dumpster, portable storage facility or container in or upon a street or public grounds or upon private property.
This chapter shall be applicable to and shall be enforced upon the use of any container as described in § 274-1 above only as used on a temporary basis. "Temporary" shall be defined as such use for 30 days or less.
Each application for a permit hereunder shall be accompanied by a certificate or certificates of insurance, in a form approved by the Township Manager, issued by one or more insurance companies authorized to do business within the Commonwealth of Pennsylvania certifying that said company or companies have issued or have written the following policies, which shall not be canceled except on 15 days' written notice to the Township:
Comprehensive general liability, naming the Township as an additional insured, from the applicable hauling company in limits acceptable to the Township.
A policy to protect the Township in the sum of at least $20,000 against any loss due to damage caused to any street or other public property owned by the Township by reason of the placement, maintenance, or use of the any item as defined in § 274-1 above pursuant to any permit issued hereunder.
Every person, firm or corporation desiring to utilize any dumpster, open-top container, portable outdoor storage facility or compaction container on a public street or private property within the Township shall apply for the permit required by this chapter by submitting an application on a form prepared and furnished by the Department of Inspections. The application shall set forth the name of the owner and operator, if not the same, the location and size of the container, the dates of use and such other information as the Department of Inspections may require.
The permit shall be issued only for the actual period of use not to exceed 30 days from the date of issuance. In the event any permit expires while the container is still in use, the applicant on or before the expiration date must apply for and receive a renewal permit for another thirty-day period. When an initial application is filed, a permit fee shall be paid to the Township. The permit fee and the renewal fee shall be established by resolution of the Board of Commissioners, from time to time.
Any container not maintained in accordance with the provisions of this chapter is hereby declared a nuisance and shall be subject to the appropriate abatement procedures.
No container shall be transported, emptied, or serviced between the hours of 7:00 p.m. and 6:00 a.m. Monday through Friday, 7:00 p.m. and 8:30 a.m. on Saturday or at any time on any Sunday or legal holiday, nor shall any mechanical, hydraulic or electric loader, compactor, packer or conveyor be utilized during such hours. The aforesaid shall not be applicable to Township trash haulers or private trash haulers.
No container shall be filled beyond the top of such container. Containers shall be emptied as soon as practical when full, or within 48 hours upon receipt of written notice by the Township.
No container shall be filled by means of a chute, conveyor, belt or other device located in, above, on or across a street, or by dropping or throwing items in, above, on or across a street, unless the permit authorizing placement of such container specifically authorizes such method.
When not in use, all containers shall be covered with a lid or tarpaulin or otherwise secured, to prevent debris from blowing out of said container.
No container may be placed on a public street within Upper Chichester Township unless the container has reflectors or some other type of reflective materials attached to all four of its sides and no permit shall be issued for the use of any such container which does not have such reflectors attached to all four sides. All such reflectors or reflective materials must be located on areas of the container which are readily visible to vehicular and pedestrian traffic.
On or before the expiration of the permit, the permit holder shall remove or cause to be removed the container, unless a renewal permit is obtained through the Department of Inspections. The permit holder is responsible for the cleanup of the area where the container is located.
Containers shall not be placed closer than 30 feet to any intersection, or upon any one-way street, or within 15 feet of any fire hydrant.
In the event of an emergency, any container may be removed by the Upper Chichester Township Police Department, Highway Department or Emergency Management Coordinator.
Violation of any terms and conditions of this chapter by the applicant, his agents, employees or any container hired by the applicant shall be reason for immediate revocation of the permit. The container shall be removed from the public or private property immediately upon revocation. Such action shall be in addition to the penalties provided for in § 274-11.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.