[Ord. No. 947, 12/19/2017]
1. 
The following definitions shall apply in the interpretation, administration, and enforcement of this Part:
CUSTOMER
Any person, firm, partnership, corporation, association, limited liability company, trust, estate or other legally recognized entity who owns or operates or manages real estate or performs construction located within the Borough of Huntingdon and retains a hauler for waste container/dumpster services.
HAULER
Any person, firm, partnership, corporation, association, limited liability company or other legally recognized entity engaged in the business of the disposing or hauling of waste, garbage, refuse and/or waste containers.
PERMITTEE
A hauler who obtains or is required to obtain a permit under this Part.
STREET
Any public street, highway, road, lane, court, cul-de-sac, avenue, alley or other thoroughfare within the Borough of Huntingdon.
WASTE CONTAINER/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.
[Ord. No. 947, 12/19/2017]
1. 
The placement of any waste container/dumpster is a regulated activity within Huntingdon Borough. In order to place a waste container/dumpster on any street within Huntingdon Borough, a hauler must submit an application and obtain a permit from Huntingdon Borough.
A. 
A permit to place a waste container/dumpster shall only be issued to haulers and shall not be issued to customers.
B. 
No hauler shall park or place any waste container/dumpster on any street within the Borough without having first obtained a permit from the Huntingdon Borough Office and paying the applicable permit fee.
C. 
The Borough may require the hauler to use a garbage and/or waste chute depending on the use of the waste container/dumpster and whether demolition will occur at elevation from the ground.
D. 
The permit will not be valid unless the waste container/dumpster meets all specifications required by this Part. A permit may be revoked at any time by Huntingdon Borough for the hauler's or customer's failure to abide by any requirement herein. The hauler is responsible to notify the customer of the requirement to cover a waste container/dumpster, at night and during all periods of nonuse.
E. 
The permit fee payable at the time the hauler submits the permit application shall be assessed and determined from time to time by resolution of the Huntingdon Borough Council.
[Ord. No. 947, 12/19/2017]
1. 
At no time shall a waste container/dumpster be placed onto any street restricting the flow of traffic. A waste container/dumpster may not be placed on a sidewalk. The Borough reserves the right to prohibit the placement of a waste container/dumpster if it is determined to be a safety problem.
2. 
Liability insurance shall be obtained and maintained by the permitted hauler in the amount of at least $500,000 for property damage and personal injury, combined single limit, arising out of or in connection with the placement or utilization of a waste container/dumpster on any street, with the Borough of Huntingdon being named as an additional insured on said policy for such purpose.
3. 
The permittee shall execute an indemnity agreement, in a form acceptable to the Borough of Huntingdon, 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 container/dumpster on any street.
4. 
The permittee shall assume all risk of damage, and the Borough shall not be liable for any damage, to the waste container/dumpster when the Borough is plowing snow, maintaining the street or other facilities within the street or performing other public functions.
[Ord. No. 947, 12/19/2017]
The permittee responsible for the placement, emptying or removal of a waste container/dumpster under this Part shall remove the same within 10 days of the issuance of a permit. The permittee shall obtain additional permits for any time extension beyond 10 days.
[Ord. No. 947, 12/19/2017]
If the waste container/dumpster has not been removed as required by § 20-404 and the licensed hauler responsible for the placement, emptying or removal of the same has not shown cause for a time extension, or the permittee fails to comply with the requirements in this chapter, the Borough may move or cause to be moved, at the expense of the permittee, said equipment in violation, to a suitable facility where it may be reclaimed by the permittee upon payment of costs. Said costs shall include all expenses sustained by the Borough associated with the removal.
[Ord. No. 947, 12/19/2017]
The permittee is responsible for insuring that the waste container/dumpster shall be illuminated with light reflectors or shall bear reflective markings on all corners and sufficient positions, with sufficient reflective capacity, to provide reasonable warning to approaching traffic in both directions of its location, for a distance of not less than 300 feet, between the hours of sunset and sunrise.
[Ord. No. 947, 12/19/2017]
The permittee is required to issue a cover or tarp to the customer. The customer is responsible to see that the cover or tarp is secured to the container/dumpster, when not in use, so material will not blow from the container, nor will significant amounts of water accumulate in the waste container/dumpster so as to cause leakage. The permitted hauler shall notify its customer that the waste container/dumpster shall be covered at night and during all periods of nonuse.
[Ord. No. 947, 12/19/2017]
1. 
Any hauler, permittee and/or customer who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of $50 and prosecution costs for the first offense; $100 plus prosecution costs for the second offense; $300 for the third offense and any offense thereafter.
2. 
Any permittee who shall violate any provision of this Part may have its permit revoked by the Code Enforcement Officer and/or the Chief of Police. If a permit is revoked, the hauler shall immediately remove its waste container/dumpster from Huntingdon Borough. Revocation of a permit shall be in addition to any other fines or penalties assessed by the Borough.
[Ord. No. 947, 12/19/2017]
The Huntingdon Borough Code Enforcement Officer and/or Huntingdon Borough Police Department shall administer the provisions of this Part, and any violation of this Part shall be prosecuted by the Huntingdon Borough Code Enforcement Officer and/or the Huntingdon Borough Police Department.