[Ord. 781-11, 1/24/2011]
The following definitions shall apply in the interpretation,
administration, and enforcement of this Part:
The Borough of Hamburg, Berks County, Pennsylvania.
A person who obtains or is required to obtain a permit under
this Part.
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough of Hamburg.
Any item intended for use as a deposit for trash or waste
materials (i.e., a bagster or toter) that is placed in a street for
a period in excess of 24 consecutive hours that is not a motor vehicle
as defined by the Pennsylvania Vehicle Code or a waste dumpster.
A unit designed for the deposit of trash or waste materials
at or near a building or other structure, commonly located on a temporary
basis on a street abutting the site and transportable to and from
the site for purposes of disposal of its contents by means of a carrying
vehicle.
[Ord. 781-11, 1/24/2011]
No person shall place upon, cause to be placed upon or permit
to remain upon any property or street within the Borough a waste dumpster
or street storage container without first obtaining a permit therefor
from the Borough Code Enforcement Officer, or Borough Manager of the
Borough in the absence of the Borough Code Enforcement Officer, and
paying the applicable permit fee. If the waste dumpster or street
storage container is or will be located on the street, the placement
of the waste dumpster or street storage container must be approved
by the Borough Code Enforcement Officer, or Borough Manager of the
Borough in the absence of the Borough Code Enforcement Officer.
[Ord. 781-11, 1/24/2011]
1.
For any permit related to a waste dumpster or street storage container
that will be located on the street, the duration of such permit shall
be 14 days, and the continued validity of such permit shall be contingent
upon full compliance with the regulations and requirements set forth
in this Part. The duration of any renewal(s) of said permit issued
pursuant § 6-603.3 below shall be 14 days.
2.
For any permit related to a waste dumpster or street storage container
that will be located on a residential property and will not be located
on the street, the duration of such permit shall be 30 days, and the
continued validity of such permit shall be contingent upon full compliance
with the regulations and requirements set forth in this Part. The
duration of any renewal(s) of said permit issued pursuant § 6-603.3
below shall be 30 days; provided, however, that a permittee for a
permit related to a waste dumpster or street storage container that
will be located on a residential property and will not be located
on the street shall be entitled to only two thirty-day renewals of
said permit during a calendar year.
3.
A permittee shall be entitled to a renewal of the initial permit
duration upon payment of the applicable permit renewal fee and evidence
of full compliance with the regulations and requirements set forth
in this Part. A permit renewal request submitted hereunder may be
denied for inactivity.
[Ord. 781-11, 1/24/2011]
1.
The permit fee for waste dumpsters or street storage containers shall
be as follows:
A.
For any permit related to a waste dumpster or street storage container
that will be located on the street, the initial fee for such permit
shall be $75.
B.
For any permit related to a waste dumpster or street storage container
that will be located on a property that is located in any zoning district
in the Borough except for the BD Business Development District and
will not be located on the street, the initial fee for such permit
shall be $50.
C.
For the renewal of any permit granted pursuant to this Part, the
renewal fee for such permit shall be $50.
2.
The permit fees established by this Part shall be subject to amendment
at any time via a resolution of the Borough Council of the Borough
of Hamburg.
[Ord. 781-11, 1/24/2011]
1.
The placement of a waste dumpster or street storage container upon
a street shall not extend into the travel lane of traffic.
2.
A waste dumpster or street storage container placed upon a street
shall bear reflective markings in sufficient positions and with sufficient
reflective capacity to provide reasonable warning to approaching traffic
in both directions of its location. These warnings must be accomplished
by dumpster markings, cones or barrels with flashers and must be approved
by the Borough Code Enforcement Officer, or Borough Manager of the
Borough in the absence of the Borough Code Enforcement Officer.
3.
No street shall be closed on a permanent or temporary basis for the
purpose of location or utilization of a waste dumpster or street storage
container without authorization of the Pennsylvania Department of
Transportation (if applicable) and the Borough Council of the Borough
of Hamburg.
4.
The location and utilization of a waste dumpster or street storage
container upon a street shall not be in a manner which constitutes
a safety hazard to persons or property.
5.
The location and utilization of a waste dumpster or street storage
container upon a street shall be in compliance with all federal, state
and local laws, rules or regulations applicable thereto, including
but not limited to any highway occupancy or other permit required
by the Pennsylvania Department of Transportation, in addition to the
requirements of this Part.
6.
Liability insurance shall be obtained and maintained by the permittee
in the amount of at least $500,000 for property damage and personal
injury, combined single limit, arising out of or in connection with
the placement or utilization of a waste dumpster or street storage
container on any street, with the Borough of Hamburg being named as
an additional insured on said policy for such purpose.
7.
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough of Hamburg, promising to indemnify, save harmless and
defend the Borough, its officials, agents, servants, and employees
and 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 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 a waste dumpster or street storage
container on any street.
8.
Only one waste dumpster or street storage container per property
will be permitted on any street in the Borough of Hamburg.
9.
If a chute or similar device or object is to be used with a waste
dumpster or street storage container, it must be deemed structurally
sound by the Borough of Hamburg Code Enforcement Officer or his/her
designee, and liability insurance in the same amount and form as set
forth in § 6-605.6 above shall be provided.
10.
The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage, to the waste dumpster or street storage
container when the Borough is plowing snow, maintaining the street
or other facilities within the street or performing other public functions.
11.
A waste dumpster or street storage container shall be in a good state
of repair and shall be free of any noxious or offensive odors at all
times. A waste dumpster or street storage container shall be emptied
on a weekly basis regardless of the load capacity in order to prevent
the accumulation of vermin, diseases or such noxious or offensive
odors.
[Ord. 781-11, 1/24/2011]
Without limitation as to the utilization of any other legal
or equitable remedy or action available to the Borough, civil or criminal,
noncompliance with any of the requirements or provisions set forth
in this Part or any material false statement or omission made in connection
with the application for a permit shall be grounds for revocation
of the permit issued pursuant to this Part by the Borough Code Enforcement
Officer, or Borough Manager of the Borough in the absence of the Borough
Code Enforcement Officer.
[Ord. 781-11, 1/24/2011]
The Borough may, at the expense of both the permittee and the
owner/lessee of the subject property, jointly and severally, cause
the removal of a waste dumpster or street storage container that is
in violation of this Part.
[Ord. 781-11, 1/24/2011]
The requirement of § 6-602 above shall not apply to any person that uses a waste dumpster on a daily basis in its normal business affairs for the disposition of commercial trash, waste or other refuse that is accumulated in connection with said daily business affairs as approved by the Borough Manager of the Borough.
[Ord. 781-11, 1/24/2011]
Any person, who or which violates or fails to comply with any
provision of this Part shall, upon conviction, be sentenced to pay
a fine of not less than $200 and not more than $600, plus costs for
each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this Part. Each
provision of this Part which is violated shall be considered a separate
violation. Such fine shall be in addition to any other fine which
may be imposed under the provisions of other ordinances of the Borough,
Pennsylvania law, or federal law. In default of payment of any fine,
such person shall be liable to imprisonment for not more than 30 days.
[Ord. 781-11, 1/24/2011]
In addition to or in lieu of the penalties provided in § 6-609 hereof, any violation or failure to comply with any of the provisions of this Part may be abated or enforced by proceedings seeking equitable relief against the violator.
