[Adopted 12-11-2013 by Ord. No. 2921]
The following definitions shall apply in the interpretation,
administration and enforcement of this article:
A person who obtains or is required to obtain a permit under
this article.
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
A temporary unit that is delivered via delivery vehicle for
the loading or unloading of contents to/from the unit or the purpose
of transporting the contents.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough of Wilkinsburg.
A unit designed for the deposit of waste materials at or
near a building or other structure, commonly located on a temporary
basis on a street or similar property abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carrying vehicle.
No person shall place upon, cause to be placed upon, or permit
to remain upon a street or his/her private property within the Borough
of Wilkinsburg a waste dumpster or portable storage unit without first
obtaining a permit therefor from the Wilkinsburg Borough Department
of Code Enforcement office and paying the applicable permit fee. The
duration of such permit shall be 10 days, and the continued validity
of such permit shall be contingent upon full compliance with the regulations
and requirements set forth in this article. If the waste dumpster
or portable storage unit is, or will be, located on the roadway, the
placement of the waste dumpster or portable storage unit must be reviewed
by the Chief of Police or his or her designee.
The permit fee for waste dumpsters and portable storage units
shall be established by resolution or motion of Borough Council. One
ten-day extension of a permit may be granted without the assessment
of additional fees. Permit renewal may be denied for inactivity or
failure to comply with the requirements of this article.
A.
The permittee must place the waste dumpster or portable storage unit
in his/her driveway. In cases where a permittee does not have a driveway,
the placement of a waste dumpster or portable storage unit upon a
street shall not extend into the travel lane of traffic.
B.
A waste dumpster or portable storage unit 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, or be marked by cones or barrels
with flashers. The latter must be approved by the Chief of Police
or his/her designee.
C.
No street shall be closed for the purpose of placing or utilizing
a waste dumpster or portable storage unit without Borough Council
temporary road closure authorization and authorization from the Pennsylvania
Department of Transportation, if required.
D.
The location and utilization of a waste dumpster or portable storage
unit shall not be in such a manner as to constitute a safety hazard
to persons or property.
E.
In addition to the requirements of this article, the location and
utilization of a waste dumpster or portable storage unit shall be
in compliance with all federal, state and local laws, and rules and
regulations applicable thereto, including, but not limited to, any
highway occupancy or other permit required by the Pennsylvania Department
of Transportation.
F.
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough of Wilkinsburg, 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 portable
storage unit on any street.
G.
Only one waste dumpster or portable storage unit will be permitted
per permittee at any given time.
H.
If a chute or similar device or object is to be used with a waste
dumpster, it must be deemed structurally sound by the Borough or its
designee.
I.
The permittee shall assume all risk of damage.
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 article or any material false statement or omission made in
connection with the application for a permit shall be grounds for
revocation of the permit by the Borough's Director of Code Enforcement,
Borough Manager, or the Chief of Police, or their designee, issued
pursuant to this article.
The Borough may, at the expense of the owner or lessee of the
property or the permittee, cause the removal of a waste dumpster or
portable storage unit.
Any person who violates or fails to comply with any provision
of this article 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 article. Each provision
of this article 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 any 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.
