For the purposes of this chapter, the following terms shall
be defined as follows:
BAGSTER®
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.
DUMPSTER
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.
TEMPORARY PORTABLE STORAGE UNIT
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®."
UNIT
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.
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.
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.
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.