[HISTORY: Adopted by the Borough Council of the Borough of
Pennsburg 5-6-2014 by Ord. No. 3-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 42.
For the purposes of this chapter, the following terms shall
be defined as follows:
Shall be defined as a large, high-capacity bag, generally
of woven polypropylene, used as a trash receptacle for disposal or
refuse, and which is collected by a specially equipped waste hauling
vehicle, or any similar device.
Shall be defined as a large trash receptacle for disposal
of refuse to be temporarily located on a property, and designed to
be hoisted onto a specially equipped truck for emptying or hauling
away of the refuse contained therein, or any similar device.
Shall be defined as a transportable, standardized, reusable
vessel or container, or receptacle that is originally and specifically
designed for or is used in stowing, packing, shipping, moving, or
transporting freight, articles, goods or commodities, and is designed
for or is capable of being mounted or moved on a truck, and is located
at site for temporary storage of personal property, or any similar
device, and is more commonly known as a "Pack-Rat" or "PODS®."
Shall be defined as any Bagster®, dumpster, or temporary
portable storage unit.
The provisions of this chapter pertaining to permitting, duration,
time limitations, time extensions, and number of units allowed on
a property shall not apply to work performed under demolition permits
and/or construction permits. Such units, however, shall be removed
from the property when the work being done pursuant to a demolition
permit or construction permit is completed.
A.
Before placing a unit on a property, the property owner must submit
an application for the placement of a unit on the applicant's
property and receive a permit from the Borough Code Enforcement Department.
B.
An application for a permit shall, at minimum, include the name and
address of the applicant, identification number of the unit, size,
company providing the unit, telephone number of the company providing
the unit, expected date of placement, and expected date of removal.
C.
There shall be no fee for obtaining an initial permit.
A.
A unit shall be located at the applicant's address for a maximum
of 30 days, including the days of delivery and removal.
B.
At the expiration of the thirty-day period, the applicant may request
to extend their permit for not more than two additional thirty-day
periods by requesting an extension for cause from the Township Code
Enforcement Department. The cost of extending a permit shall be $25,
payable at the time of application for an extension. Future changes
of this permit fee amount shall occur from time to time by resolution
of Borough Council.
A.
A unit shall be placed on the applicant's property and then
only on a paved, gravel or stoned driveway or parking area. With proper
cause, this requirement may be waived by the Code Enforcement Officer.
B.
The placement of a unit shall not be in a manner which constitutes
a safety hazard to persons or property.
C.
The placement of a unit shall not encroach into drainage areas/easements
or landscaping buffers, or the right-of-way, and shall not be placed
so that a person lawfully using the sidewalk must detour into the
street in order to go around the unit.
D.
The placement of a unit must be at least 20 feet away from any crosswalk
and from any intersection so that it does not block the view of any
motorist pulling onto a roadway.
The unit shall be conspicuously marked with the name, address,
and phone number of the applicant and a copy of the current effective
permit shall be visibly attached to the unit.
Only one unit per property, which for the purposes of this chapter
shall include the street abutting the property, will be permitted
at any time.
A.
During all times the unit is in place and in use, a tarpaulin or
other suitable weather-resistant cover shall be placed over it in
order to protect the contents from being displaced and/or causing
litter on public or a private premises or creating dust, offensive
odors, or other health hazards.
B.
At all times the unit shall, when necessary, be provided with adequate
restraints to prevent inadvertent movement from its original location
and protected from high winds or severe weather conditions.
C.
There shall be no defect or faulty design in the unit which might
create a hazard to the general public, interfere with its operation,
or inhibit the purpose which it is to be used.
D.
No overflow of any material shall be permitted from the unit, nor
shall any accumulation of any material next to the unit be permitted.
No unit shall be used to store solid waste, recyclable materials,
business inventory, commercial goods for sale, or any illegal or hazardous
material. Upon reasonable notice, the Borough may inspect the contents
of any unit at any reasonable time to ensure that it is not being
used to store such materials.
A.
The applicant shall assume all risk of damage, and the Borough shall
not be liable for any damage to the unit when the Borough is plowing
snow, performing street cleaning, maintaining the street or other
facilities, or performing other public functions.
B.
The applicant shall be liable to the Borough for any amounts paid
or incurred by the Borough consequent from claims, judgments, or settlements,
and for all reasonable investigation costs and attorney's fees, resulting
from the applicant's noncompliance with this chapter.
C.
The applicant shall be responsible for all damages to Borough property
which may occur as a result of the placement or use of the unit.
Noncompliance with any of the requirements or provisions set
forth in this chapter or any material false statement or omission
made in connection with the application for a permit shall be grounds
for revocation by the Borough of the permit issued pursuant to this
chapter.
Any person who violates or fails to comply with any provision
of this chapter shall, upon conviction, be sentenced to pay a fine
of not more than $100 per day for each day the violation or noncompliance
exists, plus costs for each such violation. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this chapter. Each provision of this chapter which is violated
shall be considered a separate violation of this chapter. 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 imprisoned for not more than 30 days.
The rights and remedies of the Borough as prescribed by this
chapter or otherwise by law with respect to the units, and the criminal
sanctions herein provided, shall be cumulative, and the pursuit of
one shall in no way preclude simultaneous or subsequent pursuit of
another.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared severable.
This chapter shall become effective immediately upon enactment.
