[Ord. 32-2000, 01, passed 4-23-2001]
It is found and declared that:
(a)
The primary purpose of the public streets is for use by vehicular
and pedestrian traffic.
(b)
Reasonable regulation of congestion and obstructions on public sidewalks
is necessary to protect health, safety and welfare of owners, tenants
and the general public.
(c)
The established character and the social and economic well-being
of public property must be protected.
(d)
The public right-of-way must be secured from fire, panic, health
hazards and other dangers, and be provided with convenience of access.
(e)
The visual character and natural beauty of the City of Lebanon should
be preserved and enhanced.
(f)
The purpose of this ordinance is not confiscatory in nature, nor
does it prohibit and constitutionally protected undertaking, but merely
regulates the placement and maintenance of dumpsters in the public
rights-of-way in the City of Lebanon.
[Ord. 32-2000, 01, passed 4-23-2001]
As used in this article, certain terms are defined as follows:
That portion of the public right-of-way, as shown on the
Official Traffic Control Map that is dedicated to vehicular traffic.
The line in the right-of-way, constructed or proposed, as
shown on the Official Traffic Control Map, that separates the portion
of the right-of-way dedicated to vehicular traffic from that dedicated
to pedestrian traffic.
For the purpose of this article, means any container used
for the purpose of temporarily holding debris as defined in the Codified
Ordinances of the City of Lebanon at Part 9, Article 929.01.
One who rents dumpsters to another (that is, a licensed commercial
waste hauler).
Any structure or other object whatsoever, that, in any manner,
impedes, obstructs or otherwise limits or prevents the full and unrestricted
use whatsoever, by the public, on any right-of-way.
The planometric map of the City of Lebanon, Pennsylvania,
on file on the Department of Public Works.
A property owner or agent thereof who owns or leases a dumpster
as defined herein.
Free of any impediment or obstruction, whatsoever, that would
hinder the travel of the public.
An individual, firm, partnership, association, corporation
or similar entity. For the purposes of this article, this definition
includes the dumpster owner and the dumpster lessee.
The area between property lines (for the purpose of this
article) set aside for public use or ownership as a street, alley,
crosswalk, easement or other similar facility.
That portion of the sidewalk area for which paving is required
by Article 903 of the Codified Ordinances of the City of Lebanon.
That portion of the right-of-way occurring between the curbline
and the property line (for the purpose of this article).
The line that is coincident to and identical with the line
marking the extremity of the right-of-way as shown on the Official
Traffic Control Map.
Any dumpster not permanently affixed intended to be used
for a specified period of time for the purpose of construction, demolition
or rehabilitation.
[Ord. 32-2000, 01, passed 4-23-2001]
This article shall be enforced under the jurisdiction and auspices
of the City of Lebanon Department of Public Works.
[Ord. 32-2000, 01, passed 4-23-2001]
(a)
All standards established in this article are to be interpreted as
the minimum standards required. Nothing herein shall be construed
to prohibit or prevent the use of higher standards. In interpreting
and applying the provisions of this article, they shall be held to
be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare.
(b)
When in the administration of this article, the Pennsylvania Motor
Vehicle Code and certain City of Lebanon Codes such as the Building
and Property Maintenance Codes, the Health Code, and the Zoning Code
imposed greater restrictions than this article, the stricter law shall
take precedent.
[Ord. 32-2000, 01, passed 4-23-2001]
(a)
Dumpsters shall be allowed to be erected or placed on a public right-of-way
when no reasonable alternative trash storage method is available.
A path that is 1/2 of the width of the sidewalk and/or sidewalk area
shall be kept clear for pedestrian travel. Property owners or dumpster
lessees shall be responsible for the debris in and around the dumpster
and shall maintain the sanitary conditions required by the Health
Code and the Property Maintenance Code. All dumpster units shall be
well painted, leak proof in good repair and clean and free of offensive
odors. The dumpster lessor shall place and maintain, on the outside
of each dumpster, in legible letters not less than one inch in height,
his name or company logo telephone number and current Greater Lebanon
Refuse Authority hauler permit number. Each dumpster shall be fully
covered at all times by a clean, leak proof, proper fitting and functioning
cover. A property owner leasing a dumpster may only use an approved
hauler that is licensed by the Greater Lebanon Refuse Authority. If
the dumpster is owned by tile property owner, it shall be maintained
by the owner and trash within it shall be dumped in a licensed landfill.
(b)
No person shall put, place, maintain, erect, or cause or allow to
be put, placed, maintained or erected any dumpster in the public right-of-way,
except as hereinafter allowed and provided for; provided, however,
that no such dumpster shall violate any other section of the Codified
Ordinances of the City of Lebanon unless specifically exempted herein:
(1)
Dumpsters incidental to construction, rehabilitation or demolition work; provided that a hold harmless agreement is executed and that adequate proof of liability insurance is established as in Section 911.08; and provided that their location is approved by the City Engineer or his designated representative.
(c)
No person shall put, place, maintain, erect or cause or allow to
be put, placed, maintained or erected any dumpster in excess of eight
feet wide in any cartway. Dumpsters placed in the cartway shall have
blinking night lights installed in the direction traffic is flowing.
[Ord. 32-2000, 01, passed 4-23-2001; Ord. 35-2002, 03 § 1, passed 12-16-2002]
(a)
Permits shall be required for each dumpster in any public right-of-way
in the City. The owner/lessee shall provide to the City of Lebanon,
upon request, a copy of the lease agreement, if applicable, and the
agreement with the hauler with schedule of pick-up.
(b)
In the event the City of Lebanon incurs costs described herein, an
accounting of such expenses shall be billed by the Department of Public
Works to the owner/lessee and shall be due and payable. This shall
have no effect on other action the City of Lebanon may take, such
as issuing citations for noncompliance.
(c)
The dumpster owner/lessee or an agent thereof may apply to the City
of Lebanon, Department of Public Works for the permit. The permit
shall be displayed on the premises in a conspicuous location.
(d)
The Director of Public Works or his/her designated representative
shall issue a permit for a period of time not to exceed 30 calendar
days. Permits may be renewed for thirty-day increments at the sole
discretion of the Director of Public Works or his/her designated representative
if, in his/her opinion, the work has not been completed or abandoned
or if it is deemed to be in the best interest of the public. The cost
of the permit shall be in accordance with the following fee schedule:
[Amended by Ord. 30-2014, 15, passed 1-4-2016]
(1)
Ten-yard container: $2 per day for 30 days and $5 per day each
day thereafter, for a maximum of 60 days.
(2)
Twenty-yard container: $3 per day for 30 days and $6 per day
each day thereafter, for a maximum of 60 days.
(3)
Thirty-yard container: $5 per day for 30 days and $7 per day
each day thereafter, for a maximum of 60 days.
[Ord. 32-2000, 01, passed 4-23-2001]
Any person who has placed, places, or causes to be placed any
dumpster in the public right-of-way without obtaining the proper permit
authorized in this article, shall immediately remove such dumpster
and shall be subject to provisions (penalty) as prescribed by ordinance.
The failure of the trash hauler to remove the dumpster, upon notice
by lessee or by the City of Lebanon to do so, shall be a violation
of this article and subject to penalties herein.
[Ord. 32-2000, 01, passed 4-23-2001]
Prior to the issuance by the City of any permit or other authority to erect a dumpster in the public right-of-way in conformity with Section 911.05 the lessor and/or owner shall execute a hold harmless agreement in such form as the City shall provide, guaranteeing to defend, protect and compensate the City of Lebanon as a result of any cause of action which may be brought or perfected against the City of Lebanon in connection herewith. The lessor and/or owner shall provide the City Clerk with a certificate of insurance acceptance to the Insurance Consultant covering such lessor and/or owner for bodily injury and property damage through Comprehensive General Liability insurance on an occurrence basis with a combined single limit of no less than $500,000 and naming the City of Lebanon as an Additional Insured. Said certificate shall be for continuous coverage unless canceled by the insurance company at which time the City Clerk shall be notified, in writing, by such insurance company.
[Ord. 32-2000, 01, passed 4-23-2001]
The City Engineer or his designated representative may promulgate
such regulations as are necessary for the property administration
and enforcement of this article.
[Ord. 32-2000, 01, passed 4-23-2001]
If any section, paragraph, regulation, rule, sentence, clause
or phrase of this article is, for any reason, held to be invalid,
such decision shall not affect the validity of the remaining portions
of this article. Council hereby declares that it would have passed
this article, and each section, paragraph, regulation, rule, sentence,
clause or phrase thereof, irrespective of the fact that any one or
more sections, paragraphs, regulations, rules, sentences, clauses
or phrases be declared invalid.
[Ord. 32-2000, 01, passed 4-23-2001]
Whoever violates any provision of this article shall, upon conviction
thereof, in a summary proceeding, be fined not less than $50 and not
more than $300 for each and every offense, to be collected as other
fines and costs are by law collectible, and in default of payment
thereof shall be imprisoned for not more than 90 days. Each day during
which any person violates any provision of this article shall constitute
a separate offense.
