[HISTORY: Adopted by the Borough Council of the Borough of
Auburn at time of adoption of Code (See Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
The following words and/or phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, unless the
context clearly indicates a different meaning:
Something that is placed over or about another thing; a lid;
a top.
A large container for the temporary storage of solid waste
materials, debris and/or recyclable materials, that can be emptied
into refuse trucks for the removal of the contents. These containers
are usually sized from one cubic yard to less than the 10 cubic yards.
Natural persons, firms, partnerships, corporations, associations
and other artificial bodies.
A large container for temporary storage of personal goods
typically due to moving.
A large container for the temporary storage of solid waste
materials, debris and/or recyclable materials, that is delivered to
a site by means of a flat-bed truck, placed on said site through a
hydraulic-mechanical means, and, when full, removed from the site
through the same means. These containers usually range in size from
10 cubic feet to 40 cubic feet.
A.
Cover required. No person shall place or cause to be placed any dumpster
in any exterior location, public or private, without the same being
equipped with a cover; said cover to remain closed and secured at
all times except when waste materials are being loaded into the container.
Roll-off boxes are exempt from this requirement.
B.
Location of container.
(1)
Where conditions permit, all dumpsters and/or roll-off boxes shall
be stored upon private property, preferably in the rear or side yard
of said property. When placement on private property is not feasible
and no other location is possible, dumpsters and/or roll-off boxes
may be permitted within the Borough right-of-way; however they cannot
be within the cartway or obstruct the cartway. Placement shall be
subject to the following conditions:
(a)
Dumpsters and/or roll-off boxes must have reflectors on all
four sides of the dumpster, each side containing a minimum of four
reflectors, to make the dumpster visible at night.
(b)
A dumpster/roll-off box permit is required if it is being placed
within the Borough road right-of-way. The permit shall be valid for
a period of seven days. If the applicant requires additional time,
a second permit can be obtained for an additional seven days. No more
than two permits shall be issued for dumpsters/roll-off boxes. The
permit fee shall be set forth by resolution.
(2)
No such container shall be placed or located closer than 40 feet
from an intersection of streets or public ways, or closer than 50
feet from an intersection controlled by a stop or yield sign.
(3)
No such container shall be placed or located as to impede the use
of any sidewalk or pedestrianway, nor shall the flow of vehicular
traffic be impeded in any manner.
Any person who shall violate any of the provisions of this chapter,
or any resolutions or regulations made in pursuance hereof, shall, upon
conviction in a summary proceeding under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
county correctional facility for a period not exceeding 30 days. Each
day that such violation exists shall constitute a separate offense,
and each section of this chapter 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 chapter in equity in the
Court of Common Pleas of Schuylkill County.
