[Ord. No. 947, 12/19/2017]
1. The following definitions shall apply in the interpretation, administration,
and enforcement of this Part:
CUSTOMER
Any person, firm, partnership, corporation, association,
limited liability company, trust, estate or other legally recognized
entity who owns or operates or manages real estate or performs construction
located within the Borough of Huntingdon and retains a hauler for
waste container/dumpster services.
HAULER
Any person, firm, partnership, corporation, association,
limited liability company or other legally recognized entity engaged
in the business of the disposing or hauling of waste, garbage, refuse
and/or waste containers.
PERMITTEE
A hauler who obtains or is required to obtain a permit under
this Part.
STREET
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough of Huntingdon.
WASTE CONTAINER/DUMPSTER
A unit designed for the deposit of waste materials at or
near a building or other structure, commonly located on a temporary
basis on a street abutting the site and transportable to and from
the site for purposes of disposal of its contents by means of a carrying
vehicle.
[Ord. No. 947, 12/19/2017]
1. The placement of any waste container/dumpster is a regulated activity
within Huntingdon Borough. In order to place a waste container/dumpster
on any street within Huntingdon Borough, a hauler must submit an application
and obtain a permit from Huntingdon Borough.
A. A permit to place a waste container/dumpster shall only be issued
to haulers and shall not be issued to customers.
B. No hauler shall park or place any waste container/dumpster on any
street within the Borough without having first obtained a permit from
the Huntingdon Borough Office and paying the applicable permit fee.
C. The Borough may require the hauler to use a garbage and/or waste
chute depending on the use of the waste container/dumpster and whether
demolition will occur at elevation from the ground.
D. The permit will not be valid unless the waste container/dumpster
meets all specifications required by this Part. A permit may be revoked
at any time by Huntingdon Borough for the hauler's or customer's
failure to abide by any requirement herein. The hauler is responsible
to notify the customer of the requirement to cover a waste container/dumpster,
at night and during all periods of nonuse.
E. The permit fee payable at the time the hauler submits the permit
application shall be assessed and determined from time to time by
resolution of the Huntingdon Borough Council.
[Ord. No. 947, 12/19/2017]
1. At no time shall a waste container/dumpster be placed onto any street
restricting the flow of traffic. A waste container/dumpster may not
be placed on a sidewalk. The Borough reserves the right to prohibit
the placement of a waste container/dumpster if it is determined to
be a safety problem.
2. Liability insurance shall be obtained and maintained by the permitted
hauler in the amount of at least $500,000 for property damage and
personal injury, combined single limit, arising out of or in connection
with the placement or utilization of a waste container/dumpster on
any street, with the Borough of Huntingdon being named as an additional
insured on said policy for such purpose.
3. The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough of Huntingdon, promising to indemnify, save harmless
and defend the Borough, its officials, agents, servants, and employees
and each of them, against and hold it and them harmless from any and
all lawsuits, claims, demands, liabilities, losses and expenses, including
court costs and reasonable attorneys' fees for or on account
of any injury to any person or any damage to any property, which may
arise or which may be alleged to have arisen out of or in connection
with the placement or utilization of a waste container/dumpster on
any street.
4. The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage, to the waste container/dumpster when
the Borough is plowing snow, maintaining the street or other facilities
within the street or performing other public functions.
[Ord. No. 947, 12/19/2017]
The permittee responsible for the placement, emptying or removal
of a waste container/dumpster under this Part shall remove the same
within 10 days of the issuance of a permit. The permittee shall obtain
additional permits for any time extension beyond 10 days.
[Ord. No. 947, 12/19/2017]
If the waste container/dumpster has not been removed as required by §
20-404 and the licensed hauler responsible for the placement, emptying or removal of the same has not shown cause for a time extension, or the permittee fails to comply with the requirements in this chapter, the Borough may move or cause to be moved, at the expense of the permittee, said equipment in violation, to a suitable facility where it may be reclaimed by the permittee upon payment of costs. Said costs shall include all expenses sustained by the Borough associated with the removal.
[Ord. No. 947, 12/19/2017]
The permittee is responsible for insuring that the waste container/dumpster
shall be illuminated with light reflectors or shall bear reflective
markings on all corners and sufficient positions, with sufficient
reflective capacity, to provide reasonable warning to approaching
traffic in both directions of its location, for a distance of not
less than 300 feet, between the hours of sunset and sunrise.
[Ord. No. 947, 12/19/2017]
The permittee is required to issue a cover or tarp to the customer.
The customer is responsible to see that the cover or tarp is secured
to the container/dumpster, when not in use, so material will not blow
from the container, nor will significant amounts of water accumulate
in the waste container/dumpster so as to cause leakage. The permitted
hauler shall notify its customer that the waste container/dumpster
shall be covered at night and during all periods of nonuse.
[Ord. No. 947, 12/19/2017]
1. Any hauler, permittee and/or customer who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of $50 and prosecution costs for the first offense; $100 plus
prosecution costs for the second offense; $300 for the third offense
and any offense thereafter.
2. Any permittee who shall violate any provision of this Part may have
its permit revoked by the Code Enforcement Officer and/or the Chief
of Police. If a permit is revoked, the hauler shall immediately remove
its waste container/dumpster from Huntingdon Borough. Revocation of
a permit shall be in addition to any other fines or penalties assessed
by the Borough.
[Ord. No. 947, 12/19/2017]
The Huntingdon Borough Code Enforcement Officer and/or Huntingdon
Borough Police Department shall administer the provisions of this
Part, and any violation of this Part shall be prosecuted by the Huntingdon
Borough Code Enforcement Officer and/or the Huntingdon Borough Police
Department.