[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 5-6-1992 by Ord.
No. 2779; amended in its entirety 3-15-2017 by Ord. No. 3036. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings given herein:
Any receptacle designed or utilized for the purpose of crushing,
compressing, storage and/or collection of refuse, trash, debris or
other solid waste materials.
The types of receptacles defined in the definitions of "dumpster,"
"open-top containers," "compaction container" and "portable storage
containers" in this section.
Any covered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash materials.
Any uncovered receptacle utilized for the storage and/or
collection of refuse, trash, debris or other solid waste materials.
Any movable container utilized for temporary storage.
Any person, firm or corporation who maintains or utilizes any
dumpster, open-top container, portable storage container or compaction
container must first obtain a permit from the Department of Licenses
and Inspection for such use before allowing it to be located on a
public street within Upper Darby Township.
No dumpster, open-top container, portable storage container
or compaction container may be placed on a public street within Upper
Darby Township unless the container has reflectors or some other type
of fluorescent materials attached to all four of its sides, and no
permit shall be issued for the use of any such container which does
not have such reflectors or fluorescent materials attached to all
four of its sides. All such reflectors or fluorescent materials must
be located on areas of the container which are readily visible to
vehicular and pedestrian traffic.
Every person, firm or corporation desiring to utilize any dumpster,
open-top container or compaction container on a public street within
the Township shall apply for the permit required by this chapter by
submitting an application on a form prepared and furnished by the
Department of Licenses and Inspection. The application shall set forth
the name of the owner and operator, if not the same; the location
and size of the container; the dates of use and such other information
as the Department of Licenses and Inspection may require.
The permit shall be issued only for the actual period of use,
not to exceed 30 days from the date of issuance. An applicant may
apply for one extension not to exceed 30 days by applying for another
permit. Applicants may request for an extension to this maximum sixty-day
time period by submitting in writing the time extension requested
along with demonstrated justifiable cause for the extension to the
Director of Licenses and Inspection. At the time any application is
filed, a permit fee in the amount specified in the Township Fee Ordinance
shall be paid, and if the container is to be placed in a metered parking
area, the applicant must also pay the prevailing rate for rental of
the parking meters which will be out of service as a result of the
location of the container.
All containers within the terms of this chapter shall be maintained
so as not to create a public nuisance, including but not limited to
the timely and proper removal of any refuse, trash, debris or other
solid waste materials. Dumpsters shall be emptied as soon as practicable.
No hazardous materials or organic waste shall be placed in containers.
All containers can only be placed in areas where vehicles are permitted
to be legally parked and in no way can they create a nuisance to vehicle
or pedestrian safety.
Temporary dumpsters, open-top containers or portable storage
containers are permitted to be placed on private property for a maximum
of six months. If the placement is directly associated with a valid
construction permit, the placement is permitted for the duration of
the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this chapter. Each subsection of this chapter
that is violated shall constitute a separate violation of this chapter.
