[Adopted by Ord. No. 2564; amended in its entirety 10-13-2020 by Ord. No. 2802]
On and after the effective date of this chapter, it shall be
unlawful for any person or entity to construct or place a dumpster
or a portable storage unit upon any Borough street, avenue, highway,
lane, alley, or public place in the Borough except as authorized by
this chapter and without first having obtained a permit to do so from
the Borough. Cleaning a dumpster on the street or sidewalk is prohibited.
The use of dumpsters or portable storage units for the storage
of hazardous materials is prohibited. Upon reasonable suspicion and
reasonable notice to the applicant or resident, a Borough officer
may inspect a dumpster or a portable storage unit to ensure no such
materials are being stored therein.
A permit is required from the Borough to place a dumpster or
a portable storage unit upon any Borough any public right-of-way or
sidewalk Borough.
A.
A Borough officer may issue a permit to place a dumpster or a portable
storage unit on a Borough right-of-way or sidewalk, but only if the
following conditions are met:
B.
Before placing a dumpster or a portable storage unit on a Borough
street, avenue, highway, lane, alley, or public place in the Borough,
the applicant shall submit an application, together with a permit
fee in the amount set by resolution of the Borough Council, and receive
a permit from the Borough. A liability insurance certificate in the
amount of $100,000 and naming the Borough of Millvale as an additional
insured party shall be provided by the company supplying the dumpster
or portable storage unit and must accompany the application. However,
a liability insurance certificate is not required to be submitted
by the applicant if the Borough already has on file an insurance certificate
submitted by the same company within the past calendar year, and the
insurance certificate remains current.
C.
A permit will only be issued after a Borough officer has inspected
the specific requested location where the dumpster or portable storage
unit is to be constructed or placed.
D.
A Borough officer may attach such reasonable safeguards as deemed
necessary so that the dumpster or a portable storage unit will not
create a danger to vehicular and pedestrian traffic or public safety,
including but not limited to:
(1)
Flashers and reflectors on the outside corners facing traffic at
all times. Where traffic may approach from either direction, the dumpster
must have flashers and reflectors on the outside corners on both sides.
(2)
Type I and Type II barricades may be used as an alternative to flashers
and reflectors if authorized by the Borough officer and the Borough
Police Department.
(3)
Dumpsters and portable storage units may not restrict the sightlines
of intersections as determined by the Borough officer.
E.
Permits issued under this section shall be for a maximum period of
15 days. A permit may be renewed at the discretion of a Borough officer.
F.
Any permit may be revoked by a Borough officer if it is determined
that the location of the dumpster or portable storage unit is affecting
traffic flow or public safety.
Any dumpster or portable storage unit which is not removed by the expiration date of a permit issued under § 255-30, or in compliance with a notice issued by a Borough officer, may be removed by the Borough. The cost of such removal may be assessed against the property on which the dumpster or portable storage unit was located and may be filed as a lien against said property.
Any person, persons, firm, partnership or corporation violating
any of the provisions of this article shall, upon conviction thereof
before any Magisterial District Judge, be sentenced to pay a fine
of not more than $600 plus costs of prosecution and may be sentenced
to a period of incarceration not exceeding 90 days, or both. Each
and every day that the offense continues shall be considered as a
separate offense and shall be subject to separate and distinct penalties.
In addition to the penalties provided in § 255-32 above, Borough Council shall have the power, in default of the abatement of the violation by the person, firm, or corporation involved after proper notice, to cause the necessary work to be done to accomplish said abatement and collect the cost, together with a penalty of 10% of said cost therefor, from the person, firm or corporation responsible therefor.
