[HISTORY: Adopted by the Borough Council of the Borough of Springdale 8-15-2017 by Ord. No. 1247. Amendments noted where applicable.]
Dumpsters and portable storage containers (sometimes commonly referred to as "PODS®") are a necessary part of the residential and business community of the Borough of Springdale. If left unregulated, dumpsters and portable storage containers can create problems which can have a detrimental impact on the health, safety and welfare of the community. Dumpsters and portable storage containers can hinder pedestrian and vehicular traffic flow and create dangerous conditions by obstructing sidewalks and streets and can create an appearance of disorder and economic blight. Council has determined that the regulation of dumpsters and portable storage containers within the Borough will promote the health, safety, and welfare of the community by preventing hazards associated with these devices, by facilitating pedestrian and vehicular traffic flow and by eliminating a nuisance that creates the appearance of inefficiency and economic blight.
The following definitions shall apply in the interpretation, administration, and enforcement of this chapter:
- ACT 97
- The Pennsylvania Solid Waste Management Act of 1980, P.S. 380, No. 97, as now or hereafter amended.
- The Borough of Springdale.
- All table refuse, animal and vegetable matter, all 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.
- A person who obtains or is required to obtain a permit under this chapter.
- Any natural person, firm, partnership, corporation, association, limited liability company, estate, trust or other legally recognized entity.
- Any public street, highway, road, lane, court, cul-de-sac, avenue, alley or other thoroughfare within the Borough.
- STREET STORAGE
- Any item placed in a street for a period in excess of 48 consecutive hours that is not a motor vehicle as defined by the Pennsylvania Vehicle Code or a waste dumpster, including, but not limited to, containers commonly known as "portable storage devices" or "PODS®," stones, mulch and yard waste.
- WASTE 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, sometimes commonly referred to as a "roll-away dumpster."
No person, other than agents or employees of the Borough, shall place, maintain or use a waste dumpster or street storage on public property, including public thoroughfares, without first having obtained a permit from the Borough by filing an application with the Borough in a form to be hereafter prescribed. Any application fee for obtaining such a permit shall be established by ordinance or by resolution of the Borough Council. If the waste dumpster or street storage is or will be located on the street or within the cartway, the placement of the waste dumpster or street storage must be approved by the Zoning Enforcement Officer or his/her designee.
The permit application is considered complete when all required information is provided on the permit application and any applicable fee is paid. The initial fee for said permit is hereby established as $35 for one to five days and $55 for five to 10 days. The Borough reserves the right to amend the fee scheduled at any time by resolution of Council.
The permit must be issued prior to the placement of the waste dumpster or street storage by the applicant.
All permits issued under this chapter shall be valid for a period of 10 working days from the date of placement of the waste dumpster or street storage, as stated in the application. If it becomes necessary to amend the date of placement of the waste dumpster or street storage, the applicant shall notify Borough authorities, and the 10 days will begin with the actual placement of the waste dumpster or street storage.
An applicant may apply for an extension of the ten-working-day period, to be granted by the enforcement official in increments of 10 working days, if the enforcement official deems the extension necessary and reasonable. The applicant must apply for an extension at least three days before the expiration of the original permit.
The placement of a waste dumpster or street storage upon a street shall not extend into the travel lane of traffic.
A waste dumpster or street storage placed upon a street shall be illuminated with a warning light, light reflector or a reflectorized material on the front and rear surfaces in such a manner to indicate the height and width of it and shall be visible for a distance of not less than 300 feet between the hours of sunset and sunrise.
The location and utilization of a waste dumpster or street storage upon a street shall not be in a manner which constitutes a safety hazard to persons or property.
The location and utilization of a waste dumpster or street storage upon a street shall be in compliance with all federal, state and local laws, rules and regulations applicable thereto, including but not limited to any highway occupancy or other permit required by the Pennsylvania Department of Transportation, in addition to the requirements of this chapter.
The waste dumpster or street storage shall be kept at least 20 feet away from any crosswalk and from any intersection and must be placed so it does not block the view of any motorist pulling into a roadway.
The waste dumpster or street storage shall be conspicuously marked with the name, address and phone number of its owner, and a copy of the current effective permit shall be visibly attached to it.
During all times when the waste dumpster or street storage is in place and in use, a tarpaulin or other suitable weather-resistant cover shall be placed over it in order to protect the contents from being displaced and/or causing litter on public property or a private premise or creating dust, offensive odors or other health hazards. In all instances, the container shall, when necessary, be provided with adequate restraints to prevent inadvertent movement from its original location. The need for restraints shall be determined by Borough officials at the time the permit is issued.
No overflow of any material shall be permitted from the waste dumpster or street storage, nor shall any accumulation of any material next to the waste dumpster or street storage be permitted.
Hazardous waste and garbage shall not be stored in a waste dumpster or street storage.
There shall be no defect or faulty design in the waste dumpster or street storage which might create a hazard to the general public, interfere with its operation or inhibit the purpose for which it is to be used.
Liability insurance shall be obtained and maintained by the permittee in the amount of at least $100,000 for property damage and personal injury, combined single limit, arising out of or in connection with the placement or utilization of a waste dumpster or street storage on any street, with the Borough being named as an additional insured on said policy for such purpose.
The permittee shall execute an indemnity agreement, in a form acceptable to the Borough, 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 dumpster or street storage on any street.
Only one waste dumpster or street storage per property will be permitted on any street in the Borough.
If a chute or similar device or object is to be used with a waste dumpster, it must be deemed structurally sound by the Borough or its designee, and liability insurance in the same amount and form as set forth in Subsection K above shall be provided.
The permittee shall assume all risk of damage, and the Borough shall not be liable for any damage to the waste dumpster or street storage when the Borough is plowing snow, maintaining the street or other facilities within the street or performing other public functions.
The permittee shall be responsible for all damages to Borough property which may occur as a result of the placement or use of the dumpster or street storage. If the permittee does not promptly repair any damage after notice to do so from the Borough, the Borough may repair such damage and recover the cost from the permittee.
The permittee must fully enclose each individual dumpster by a wall, slated fence or other means so constructed to prevent windblown trash and rubbish from leaving the enclosure. Such enclosures shall be equipped with a self-latching and lockable gate or an equivalent enclosure sufficient to deny access to the general public.
Without limitation, as to the utilization of any other legal or equitable remedy or action available to the Borough, civil or criminal, noncompliance with any of the requirements or provisions set forth in this chapter or any material false statement or omission made in connection with the application for a permit shall be grounds for revocation by the Borough Manager, Zoning Enforcement Official, the Borough Chief of Police or his/her designee of the permit issued pursuant to this chapter.
The Borough may, at the expense of the owner or lessee of the property or the permittee, remove or cause the removal of a waste dumpster or street storage.
Any person who or which violates or fails to comply with any provision of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $300 and not more than $600, plus costs, for each such violation. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter. Each provision of this chapter which is violated shall be considered a separate violation. Such fine shall be in addition to any other fine which may be imposed under the provisions of any other ordinances of the Borough, Pennsylvania law, or federal law. In default of payment of any fine, such person shall be imprisonment for not more than 30 days.
In addition to or in lieu of the penalties provided in § 239-7 hereof, any violations of the provisions of this chapter may be abated or enforced by proceedings seeking equitable relief against the violator.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Council of the Borough of Springdale that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.