[Ord. 423, 6/6/2005, § 1]
1.
It is found declared that:
A.
The primary purpose of the public streets is for use by vehicular
and pedestrian traffic.
B.
Reasonable regulation of congestion and obstruction 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 Township should be
preserved and enhanced.
F.
The purpose of this Part is not confiscatory in nature, nor does
it prohibit a constitutionally protected undertaking, but merely regulates
the placement and maintenance of dumpsters in the public right-of-way
of the Township.
[Ord. 423, 6/6/2005, § 2]
As used in this Part, certain terms are defined as follows:
That portion of the public right-of-way as shown on the Township
map.
The line in the right-of-way, constructed or proposed, that
separates the portion of the right-of-way dedicated to vehicular traffic
from that dedicated to pedestrian traffic.
Any container used for the purpose of temporarily holding
debris.
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.
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 purpose of this Part, this definition includes
the dumpster owner and the dumpster lessee.
The area between property line (for the purpose of this Part)
set aside for public use or ownership as a street, alley, crosswalk,
easement, or other similar facility.
The portion of the right-of-way occurring between the curbline
and the property line.
That portion of the sidewalk area for which paving is currently
installed, or may be installed in the future.
The line that is coincident to and identical with the line
marking the extremity of the right-of-way as shown on the Township
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. 423, 6/6/2005, § 3]
This Part shall be enforced under the jurisdiction and auspices
of West Lebanon Township Board of Commissioners.
[Ord. 423, 6/6/2005, § 4]
1.
All standards established in this Part 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 Part, they shall be held to be the minimum
requirements for the promotion of the public health, safety, comfort,
convenience, and general welfare.
2.
When in the administration of this Part, the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and certain Township codes, such as the Building and Property Maintenance Codes [Chapter 5, Parts 1 and 2], the Health Code, and the Zoning Code impose greater restrictions than this Part, the stricter law shall take precedent.
[Ord. 423, 6/6/2005, § 5]
1.
Dumpsters shall be allowed to be placed on a public right-of-way when no reasonable alternative trash storage method is available. A path that is one-half 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 [Chapter 5, Part 2]. All dumpster units shall be painted, leak proof in good repair, 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, properly 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 the property owner, it shall be maintained by the owner and trash within it shall be dumped in a licensed landfill.
2.
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 provision of
the ordinances of West Lebanon Township.
3.
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 on any cartway. Dumpsters placed in the cartway shall have
blinking night lights installed in the direction traffic is flowing.
[Ord. 423, 6/6/2005, § 6; as amended by Ord. 454,
9/2/2008]
1.
Permits shall be required for each dumpster in any public right-of-way
in the Township. The owner/lessee shall provide to the Township, upon
request, a copy of the lease agreement, if applicable, and the agreement
with the hauler with schedule of pickup.
2.
In the event the Township incurs costs described herein, an accounting
of such expenses shall be billed by the Township to owner/lessee and
shall be due and payable. This shall have no affect on other action
the Township may take, such as issuing a citation for noncompliance.
3.
The dumpster owner/lessee or an agent thereof may apply to the Township
for the permit. The permit shall be displayed on the premises in a
conspicuous location.
4.
The cost of a permit shall be in such amount as established from
time to time by resolution of the Board of Commissioners. The Township
Clerk or 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 Township Engineer
or his designated representative if in his 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 each renewal permit shall be in
such amount as established from time to time by resolution of the
Board of Commissioners.
[Ord. 423, 6/6/2005, § 7]
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 Part shall immediately remove such dumpster and
shall be subject to the penalty as prescribed by this Part. The failure
of the trash hauler to remove the dumpster, upon notice by lessee
or by West Lebanon Township to do so, shall be a violation of this
Part and subject to penalties herein.
[Ord. 423, 6/6/2005, § 8]
Prior to the issuance by the Township of any permit or other authority to erect a dumpster in the public right-of-way in conformity with § 21-705 the lessor and/or owner execute a hold harmless agreement in such form as the Township shall provide, guaranteeing to defend, protect, and compensate West Lebanon Township as a result of any cause of action which may be brought or perfected against West Lebanon Township in connection herewith. The lessor and/or owner shall provide the Township with a certificate of insurance acceptable 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 West Lebanon Township as an additional insured. Said certificate shall be for continuous coverage unless canceled by the insurance company at which the Township shall be notified, in writing, by such insurance company.
[Ord. 423, 6/6/2005, § 9]
The Township Engineer or his designated representative may promulgate
such regulations as are necessary for the proper administration and
enforcement of this Part.
[Ord. 423, 6/6/2005, § 10; as amended by Ord. 454,
9/2/2008]
Any person, firm, or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
