[Ord. 781-11, 1/24/2011]
The following definitions shall apply in the interpretation,
administration, and enforcement of this Part:
BOROUGH
The Borough of Hamburg, Berks County, Pennsylvania.
PERMITEE
A person who obtains or is required to obtain a permit under
this Part.
PERSON
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
STREET
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough of Hamburg.
STREET STORAGE CONTAINER
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.
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]
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.