The following words when used in this article shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
CARTWAY
That portion of the public right-of-way as shown on the Township
Map.
CURBLINE
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.
DUMPSTER
Any container used for the purpose of temporarily holding
debris.
GARBAGE
All table refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetable and parts thereof and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
HAZARDOUS WASTE
Any garbage, refuse or a combination thereof, as defined
in Act 97 which because of its quantity, concentration or its physical,
chemical or infectious characteristics may:
A.
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
LESSOR
One who rents dumpsters to another (that is, a licensed,
commercial waste hauler).
OBSTRUCTION
Any structure or other object whatsoever that impedes, obstructs,
or otherwise limits or prevents the full and unrestricted use, whatsoever,
by the public on any right-of-way.
OWNER/LESSEE
A property owner or agent thereof who owns or leases a dumpster
as defined herein.
PERSON
An individual, firm, partnership, association, corporation
or similar entity. For the purpose of this article, this definition
includes the dumpster owner and the dumpster lessee.
PUBLIC RIGHT-OF-WAY
For the purpose of this article, the area between property
lines that is set aside for public use or ownership as a street, alley,
crosswalk, easement, or other similar facility.
SIDEWALK AREA
That portion of the sidewalk area for which paving is currently
installed or may be installed in the future.
STREET PROPERTY LINE
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.
TEMPORARY DUMPSTER
Any dumpster not permanently affixed intended to be used
for a specified period of time for the purpose of construction, demolition,
or rehabilitation.
This article shall be enforced under the jurisdiction and auspices
of the Wilkins Township Board of Commissioners.
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 the penalty as prescribed by this article.
The failure of the trash hauler to remove the dumpster, upon notice
by the lessee or by Wilkins Township to do so shall be a violation
of this article and subject to penalties herein.
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 §
379-29, the lessor and/or owner must execute a hold harmless agreement in such form as the Township shall provide, guaranteeing to defend, protect, and compensate Wilkins Township as a result of any cause of action which may be brought or perfected against Wilkins Township in connection herewith. The lessor and/or owner shall provide the Township with a certificate of insurance covering such general liability insurance on an occurrence basis with a combined single limit of no less than $500,000 and naming Wilkins Township as an additional insured. Said certificate, shall be for continuous coverage unless canceled by the insurance company at which time the Township shall be notified, in writing, by such insurance company.
The Chief of Police or a designated representative may promulgate
such regulations as are necessary for the proper administration and
enforcement of this article.