[Adopted 6-18-1996 by Ord. No. 3-1996; amended in its entirety 7-18-2006 by Ord. No. 7-2006 (Ch. 98, Art. II, of the 1987 Code)]
A.
Enactment. Be it ordained by the Borough Council, and it is hereby
ordained by authority of the same, that the following divisions, sections
and subsections providing for the regulation of waste dumpsters located
in public rights-of-way by the Code Enforcement Officer and Secretary
of the Borough of Larksville, and providing for permits, fees and
the licensing of waste dumpster hauling contractors and prescribing
penalties for the violation of this article be and the same are hereby
enacted.
B.
Short title. This article may be cited as the "Waste Dumpster Ordinance
of the Borough of Larksville," hereinafter referred to as the "Dumpster
Ordinance."
C.
Effective date. The provisions of this article and rules and regulations
of the Office of the Code Enforcement Officer and of the Secretary
of the Borough of Larksville interpreting such provisions shall become
effective as provided in the ordinance adopting this article.
D.
Intent. This article is hereby declared to be remedial and shall
be constructed to secure the beneficial interest and purposes thereof,
which are public safety, health and welfare, by providing a system
of specifications, regulations and licensing to ensure that the location
of waste dumpsters within the public right-of-way does not impede
or endanger the free flow of pedestrian or vehicular traffic within
the Borough; it is the intent and purpose to further protect the health,
safety and welfare of the general public of the Borough.
E.
Severability. If any section, subsection, sentence, clause or phrase
of this article is for any reason declared to be invalid, such decision
shall not affect the validity of the remaining portions herein. The
Borough Council hereby declares that it would have passed the remaining
parts of this article and the remaining sections, subsections, sentences,
clauses or phrases irrespective of any one or more sections, subsections,
sentences, clauses or phrases which have been declared invalid.
F.
Interchangeability. Words used in the present tense include the future;
words used in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural the singular.
G.
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
As used in this article, the following terms shall have the
meaning indicated:
That portion of the right-of-way designated for vehicular
use. This shall include both opened and unopened streets.
A unit designed for the deposit of waste materials of building
construction, repair or demolition sites, commonly located on a temporary
basis on a public right-of-way abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carry vehicle.
Putrefied animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A unit designed for the deposit of all types of rubbish materials,
excluding garbage, generated at sites other than building construction,
repair or demolition.
Any individual, firm or partnership, association or corporation.
The width of a strip of land between property lines set aside
for public use or ownership as a street, alley, crosswalk, easement
or other facility.
Nonputrefied solid waste consisting of both combustible and
noncombustible waste such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
items.
That portion of the sidewalk area which is paved for pedestrian
use.
That area extending from the curbline to the property line
which is designated by the Borough for pedestrian use.
That portion of the tree lawn area which is grass- and/or
tree-lined.
That area extending from the curbline to the sidewalk area
which is designated by the Borough for grass and/or trees.
Regulations applicable to the permit requirements for the placement
of construction or nonconstruction waste dumpsters upon a public right-of-way
are as follows:
A.
It shall be unlawful for any person to place upon, cause to be placed
upon or permit to remain upon a public right-of-way a construction
or nonconstruction waste dumpster without first filing with the Code
Enforcement Officer and Secretary of the Borough of Larksville an
application, in writing, and obtaining a formal permit. The duration
of such permit shall be stated thereon, and a continued validity of
such permit shall be contingent upon full compliance with the regulations
set forth in this article.
B.
An application for a permit shall be filed with the Code Enforcement
Officer and Secretary of the Borough of Larksville by the property
owner or a licensed contractor employed in their respective field
by the property owner in connection with the placement of a construction
or nonconstruction waste dumpster. An application must be signed by
the property owner and, in the case of a permit being issued to a
licensed contractor employed by the property owner, an application
permit must also be signed by the contractor.
C.
All permits issued shall cover only the work set forth in the permit
application; however, in the event that it is necessary to replace
a construction or nonconstruction waste dumpster upon a public right-of-way
prior to the completion of said work, additional permits shall not
be required.
D.
The placement of only one dumpster per job site upon a public right-of-way
shall be permitted any and one time.
E.
No permit shall be issued by the Code Enforcement Officer in his
opinion, the location and placement of this construction or nonconstruction
waste dumpster will create a safety hazard to the use of the sidewalk
area, tree lawn area or cartway by pedestrians or vehicles.
F.
Upon the issuance of a construction or nonconstruction dumpster permit
by the Code Enforcement Officer, the permit must be displayed in a
conspicuous place in front of the premises plainly visible to passersby
and kept there for the duration of the permit. The applicant is responsible
for the maintenance of this permit and, should it be destroyed or
removed, must immediately obtain another copy.
The fee to be paid for each construction or nonconstruction
waste dumpster permit issued by the Code Enforcement Officer shall
be determined by resolution of Larksville Borough Council.
A construction waste dumpster shall be permitted to be placed
upon a public right-of-way for the duration of a specific building
construction, repair or demolition project for which a building permit
was secured from the Code Enforcement Officer.
A nonconstruction waste dumpster shall be permitted to be placed
upon a public right-of-way for a maximum of five consecutive days.
The Code Enforcement Officer and Secretary of the Borough of Larksville
shall have the discretion to approve a time extension for a nonconstruction
waste dumpster; however, under no circumstances shall a nonconstruction
waste dumpster be permitted to be placed upon a public right-of-way
for a period exceeding 30 days.
Regulations applicable to the placement of construction or nonconstruction
waste dumpsters upon a public right-of-way are as follows:
A.
The placement of a construction or nonconstruction waste dumpster
upon a public right-of-way must be temporary in nature, and the dumpster
must be one that can be readily removed from the right-of-way.
B.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not extend into a cartway nor impede or endanger
the free flow of pedestrian or vehicular traffic.
C.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 20 feet of a crosswalk at
an intersection.
D.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 15 feet of a fire hydrant.
E.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall bear the owner's name and telephone number
displayed in a conspicuous place plainly visible to passersby and
kept there for the duration of the permit.
F.
A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall bear reflective markings in sufficient positions
and with a sufficient reflective capacity to provide reasonable warning
to approaching nighttime traffic of its location, and a standard barricade
light shall be in operation on the dumpster site nearest the travel
lane of the public right-of-way from sunset to sunrise.
G.
No public right-of-way shall be closed for the purpose of location
or utilization of a construction or nonconstruction waste dumpster.
H.
The location and utilization of a construction or nonconstruction
waste dumpster upon a public right-of-way shall not be such as to
constitute a safety hazard to persons or property.
I.
The placement of a construction or nonconstruction waste dumpster
shall not extend into the sidewalk area any more than 1/3 of the width
of the sidewalk area, but in no case more than three feet.
J.
The placement of a construction or nonconstruction waste dumpster
shall not extend into the tree lawn area unless approved by the Code
Enforcement Officer.
K.
The location and utilization of a construction or nonconstruction
waste dumpster upon a public right-of-way shall be in compliance with
all federal, state and local statutes, rules and regulations applicable
thereto.
A nonconstruction waste dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in § 430-8 of this article.
A.
Every person engaged in the business of construction and/or nonconstruction
waste dumpsters shall, before engaging in such occupation, obtain
a license therefor from the Code Enforcement Officer and Secretary
of the Borough of Larksville after the submission of the following
documents:
(1)
A certificate of insurance, naming the Borough of Larksville as certificate
holder, establishing that said hauling contractor is currently covered
by a reputable insurance company acceptable to the Code Enforcement
Officer and the Borough of Larksville covering said hauling contractor
in the amount of not less than $300,000, being single limit or split
limit for bodily injury and property damage. Said certificate shall
be for continuous coverage. In the event that the insurance is cancelled,
the Building Inspector shall be notified in writing within 30 working
days by said insurance company.
(2)
A certificate of worker's compensation insurance, naming the
Borough of Larksville as certificate holder. In the event that a hauling
contractor is not obligated to maintain worker's compensation
insurance because he does not employ any individuals, he shall be
required to file a contractor affidavit form with the Code Enforcement
Officer and Secretary of the Borough of Larksville, affirming that
he is not obligated to maintain worker's compensation insurance.
(3)
Their federal or state Employer Identification Number.
(4)
An indemnity agreement, in a form acceptable to the Borough Solicitor,
promising to indemnify, save harmless and defend the Borough of Larksville,
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 death at any time resulting from such injury, or to
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 the waste dumpster in the public right-of-way.
B.
A license shall not be transferable or assignable.
C.
Every person licensed under this article shall give immediate notice
of any change in his home or business address.
D.
Every person engaged in the business of construction and/or nonconstruction
waste dumpsters shall, before engaging in such occupation, pay an
annual license fee of $100.
E.
All construction or nonconstruction waste dumpster hauling contractor
licenses shall be issued solely by the Code Enforcement Officer and
shall be valid for one licensing year and renewed annually.
(1)
Prior to renewing a license, a hauling contractor must submit the
following documents to the Code Enforcement Officer:
(a)
A certificate of insurance, naming the Borough of Larksville
as certificate holder, establishing that said hauling contractor is
currently covered by a reputable insurance company acceptable to the
Office of the Code Enforcement Officer and the Borough of Larksville
covering said hauling contractor in the amount of not less than $300,000,
being single limit or split limit for bodily injury and property damage.
Said certificate shall be for continuous coverage. In the event that
the insurance is cancelled, the Building Inspector shall be notified
in writing within 30 working days by said insurance company.
(b)
A certificate of worker's compensation insurance naming
the Borough of Larksville as certificate holder. In the event that
a hauling contractor is not obligated to maintain worker's compensation
insurance because he does not employ any individuals, he shall be
required to file a contractor affidavit form with the Code Enforcement
Officer and Secretary of the Borough of Larksville, affirming that
he is not obligated to maintain worker's compensation insurance.
(c)
Their federal or state Employer Identification Number.
(2)
In the event that the licensed construction and/or nonconstruction
waste dumpster hauling contractor fails to renew his license at the
specified time established by the Borough, the Borough will provide
written notification within seven working days after the date the
license has expired, giving the hauler 45 days to renew said license.
The hauling contractor will be required to pay, in addition to the
normal license fee, a late charge of $25, made payable to the Borough
of Larksville.
F.
Any construction and/or nonconstruction waste dumpster hauling contractor's
license issued to any person may be suspended by the Code Enforcement
Officer if, after a thorough and proper investigation, it is determined
that:
(1)
Said license was partially or wholly procured by or through nondisclosure,
misstatement or misrepresentation; or
(2)
A previously imposed penalty has not met with full compliance; or
(3)
The holder of said license has repeatedly and/or willfully violated
any of the provisions of this article. "Repeated violations" is hereby
defined as a minimum of three separate offenses within a period of
five years under this article for which the licensee or offender has
either pleaded guilty or has been found guilty by a Magisterial District
Judge or other court of competent jurisdiction.
G.
The Code Enforcement Officer, prior to invoking a suspension of a
license, shall first cause to be served upon said licensee, by certified
or registered mail, a written notice of suspension or revocation of
license, as the case may be, setting forth in specific terms and language,
the nature of the repeated violations, the times thereof and places
of occurrence.
H.
On a first offense, a hauling contractor's license shall be
suspended for a period of one to three months. On a second offense,
a hauling contractor's license shall be suspended for a mandatory
six months. A third offense shall constitute an immediate revocation
of a hauling contractor's license.
I.
Any person aggrieved by the suspension of such license may take an
appeal to the Borough Council within 10 working days from the notice
of license suspension.
J.
If, during the time of suspension, a hauling contractor's license is eligible for renewal, said contractor will be exempt from meeting the license renewal provisions as defined in Subsection E above for the entire time period said license is suspended. Within 30 working days from the date the suspension is removed by the Code Enforcement Officer, the license renewal provisions as defined in Subsection E(2) above shall apply. In the event that the hauling contractor fails to renew his license within 30 working days from the date the suspension was removed, the provisions outlined in Subsection E shall apply.
K.
Revocation of license.
(1)
Any construction and/or nonconstruction waste dumpster hauling contractor's
license issued to any person may be immediately revoked by the Code
Enforcement Officer if, after a thorough and proper investigation,
it is determined that:
(a)
The holder of said license has willfully or negligently damaged
or caused to be damaged the Borough's public right-of-way.
(b)
The holder of said license has willfully or negligently placed
a construction waste dumpster in a public right-of-way which has created
a dangerous or unsafe condition which poses a threat to the safety
and welfare of pedestrian and/or vehicular traffic.
(c)
The holder of said license has repeatedly and/or willfully ignored
stop-work orders issued by the Code Enforcement Officer.
(2)
Any hauling contractor's license which has been revoked by the
Code Enforcement Officer shall not be reactivated.
(3)
Any person aggrieved by the revocation of such a license may take
an appeal to the Borough Council within 10 working days from the notice
of license suspension or revocation.
L.
Use of license by another prohibited. No person licensed under these
provisions shall allow a permit to be issued in his or its own name
for use by a person not licensed as required herein to place construction
or nonconstruction waste dumpsters within the Borough's public
right-of-way under penalty of forfeiture of his or its license.
A.
Whenever the placement of a construction or nonconstruction waste
dumpster shall have been declared a safety hazard to the use of the
sidewalk area, tree lawn area or cartway by pedestrians or vehicles
by the Code Enforcement Officer or his designee, the Code Enforcement
Officer or his designee shall serve or cause to be served upon the
owner or other person who may have a vested or contingent interest
in said waste dumpster, a written notice describing the unsafe or
hazardous condition and in ordering that the same be made safe and
secure or removed within 48 hours after notice has been issued relative
to the unsafe or hazardous condition.
B.
If the person to whom such notice and order is addressed cannot be
found after diligent search, then such notice and order shall be sent
by registered mail to the last known address of such person; and a
copy of such notice shall be posted in a conspicuous place on the
construction or nonconstruction waste dumpster to which it relates.
Such mailing and posting shall be deemed adequate service.
C.
If the person served with a notice to make safe and secure or remove
the construction or nonconstruction waste dumpster should fail, within
the time frame specified by the Code Enforcement Officer or his designee,
to comply with the requirements thereof, the Code Enforcement Officer
or his designee, when authorized by the Mayor, the Mayor's designee
or Larksville Borough Council, whichever is deemed appropriate, may
have said waste dumpster removed from the public right-of-way. Any
cost incurred shall be paid out of the Borough Treasury on certification
by the Code Enforcement Officer or his designee.
D.
The Borough Solicitor or other prosecuting authority shall institute
proper actions against the owner of the construction or nonconstruction
waste dumpster for the recovery of costs incurred by the Code Enforcement
Officer or his designee in the performance of having said waste dumpster
removed from the public right-of-way.
E.
Any person aggrieved by the actions of the Code Enforcement Officer
may take an appeal to the Borough Council within 10 working days from
the notice to make safe and secure or remove the waste dumpster.
A.
Any person who shall violate any of the provisions of this article
shall, after having been served with written notice, be liable to
a fine of not more than $1,000 for each offense. Each day that said
violation or unsafe condition shall continue shall constitute a separate
offense and shall be liable to a fine of not more than $1,000.
B.
The owner of a building, structure or premises where the violation
of this article shall be placed or exist, and the contractor employed
therewith and who may have assisted in the commission of such violation,
and the owner of the waste dumpster who may have assisted in the commission
of such violation, shall each be guilty of a separate offense and
upon conviction thereof shall be liable to a fine of not more than
$1,000 for each offense. Each day that said violation or unsafe condition
shall continue shall constitute a separate offense and shall be liable
to a fine of not more than $1,000.
