[Adopted 2-21-2012 by Ord. No. 1336]
As used in this article, the following terms shall have the
meanings indicated:
Any individual, firm, partnership, company, corporation,
association, society or group who applies for a permit pursuant to
this article.
All putrescible (or decayable) wastes; except sewage and
body wastes, including vegetable and animal offal and carcasses of
dead animals; and all such substances accumulated on or removed from
all public and private establishments and properties, including residences,
but excluding recognizable industrial by-products, discarded wood
and lumber, grass clippings, weeds and leaves.
Any individual, firm, partnership, company, corporation,
association, society or group.
Includes rubbish, garbage and trash, as these terms are defined
herein.
General dry material produced routinely by household, commercial,
or industrial establishments, such as paper, cans, bottles, and other
containers and ashes.
Any public street, road, way, alley, parking area or other
area designated for public pedestrian or vehicular traffic, passage
or parking.
Any storage unit 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,[1] or a waste dumpster. This includes, but is not limited
to, portable storage containers.
Includes bushes, branches, Christmas trees, lawn rakings
and similar waste materials, bulky objects, such as discarded household
appliances or equipment or furniture, and building demolition and
construction wastes.
Any dumpster, trailer, box container or any other receptacle
of any kind used for the storage of refuse.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
A.
No person shall place or cause to be placed any waste dumpster or
street storage on any Avalon Borough street unless and until said
person has obtained a permit, issued by the Avalon Chief of Police
and signed by the Borough Manager. The duration of such permit shall
be 30 days, and the continued validity of such permit shall be contingent
upon full compliance with the regulations and requirements set forth
in this article.
B.
All persons applying for a permit shall pay a nonrefundable permit
fee and advance deposit fee in an amount set by resolution of the
Borough Council The deposit shall be refunded within 30 days after
the termination of the permit, provided that no violation of this
article has occurred.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
All persons applying for a permit shall advise the Avalon Borough
Chief of Police of the following information in writing:
(1)
Specifications of waste dumpster or street storage, including size
and capacity;
(2)
Type and amount of refuse to be stored;
(3)
Intended waste dumpster or street storage placement;
(4)
Length of time the waste dumpster or street storage will remain in
said location;
(5)
Name, address and telephone number of the person available 24 hours
per day to receive communication from Avalon Borough officials concerning
the waste dumpster or street storage and the activities related thereto.
D.
After the expiration of a legally issued permit, applicant may seek
an extension of the permit upon written good cause shown to Borough
Council. If a permit extension is denied, applicant may appeal the
decision, in writing, within 10 days from receipt of the denial. The
applicant must pay a nonrefundable appeal fee in an amount as set
by resolution of the Borough Council to complete the written request
for appeal. Upon written appeal and payment of the applicable appeal
fee, a public hearing shall be scheduled and held pursuant to the
Local Agency Law before Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The location and utilization of a waste dumpster or street storage
upon a street shall be in compliance with all federal, state, and
local laws, rules and regulations applicable thereto, including but
not limited to any highway occupancy or other permit required by the
Pennsylvania Department of Transportation, in addition to the requirements
of this article.
B.
The placement of a waste dumpster or street storage upon a street
shall not extend into the travel lane of traffic, and must be placed
at least 20 feet from all road intersections.
C.
Any waste dumpster or street storage placed upon a street shall bear
reflective markings with sufficient reflective capacity to provide
reasonable warning to approaching traffic from a distance of at least
100 feet.
D.
Any waste dumpster or street storage placed upon a street shall bear
the name and telephone number of the person who owns the unit. If
such waste dumpster or street storage is not so marked, the applicant
must supply said information to the Chief of Police as a condition
for securing and maintaining a valid permit.
E.
All waste dumpsters and street storage must be maintained in a safe
and sanitary manner to assure that the contents may not be invaded
or removed by weather, animals or trespassers. Use of the waste dumpster
or street storage must not disturb adjacent properties with noxious
odors, noise, airborne pollutants, or other any other such nuisance.
F.
All waste dumpsters must be removed from Avalon Borough within 24
hours of reaching full capacity. A waste dumpster is considered filled
to capacity when its contents extend to the top edge of any wall of
the waste dumpster or beyond the edges of any doors, hatch, or other
opening in the roof or any wall of the dumpster.
G.
After any waste dumpster or street storage is removed, the applicant
shall reasonably clean and restore the waste dumpster or street storage
location to the condition as it existed prior to the placement of
the unit. Such restoration must be completed within 24 hours of removal
of the waste dumpster or street storage. If the waste dumpster or
street storage area is not cleaned and restored within 24 hours of
removal, Avalon Borough officials shall cause the area to be cleaned
and restored. Such reasonable costs and expenditures incurred by the
Borough shall constitute a municipal claim and shall be the responsibility
of the applicant, in addition to applicable fines and penalties.
H.
The waste dumpster or street storage owner and/or contractor shall
be responsible for any and all damage to streets, sidewalks, curbs,
public rights-of-way or other public improvement which results from
the placement, service, operation, use or removal of the waste dumpster
or street storage.
I.
The permitee shall assume all risk of damage, and the Borough shall
not be liable for any damage, to the waste dumpster or street storage
caused by Borough performed or contracted street plowing, street sweeping,
or other public function.
J.
The Borough reserves the right to limit and/or deny a permit or extension
of a permit for a waste dumpster or street storage for good cause,
such as snow removal, street cleaning, public safety concerns or other
municipal purpose. In such a case that the Borough requires the immediate
removal of a waste dumpster or street storage, notice will be provided
to the applicant. Applicant will remove the waste dumpster or street
storage within 24 hours. If the waste dumpster or street storage area
is not removed within 24 hours of notice, Avalon Borough officials
shall cause the area to be cleaned and restored. Such reasonable costs
and expenditures incurred by the Borough shall constitute a municipal
claim and shall be the responsibility of the applicant, in addition
to applicable fines and penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Allegheny County. Additionally, the Borough may remove the
waste dumpster or street storage at the expense of the permittee.
