Borough of Avalon, PA Article IV Waste Dumpsters and Street Storage

[Adopted 2-21-2012 by Ord. No. 1336]

§ 345-24 Definitions.

As used in this article, the following terms shall have the meanings indicated:

APPLICANT

Any individual, firm, partnership, company, corporation, association, society or group who applies for a permit pursuant to this article.

GARBAGE

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.

PERSON

Any individual, firm, partnership, company, corporation, association, society or group.

REFUSE

Includes rubbish, garbage and trash, as these terms are defined herein.

RUBBISH

General dry material produced routinely by household, commercial, or industrial establishments, such as paper, cans, bottles, and other containers and ashes.

STREET

Any public street, road, way, alley, parking area or other area designated for public pedestrian or vehicular traffic, passage or parking.

STREET STORAGE

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.

TRASH

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.

WASTE DUMPSTER

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.

§ 345-25 Permit required; fees.

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)]

§ 345-26 Placement, maintenance and use regulations.

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.

§ 345-27 Violations 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.