Any person who shall violate any subsection
of this chapter may be charged with the offense of disorderly practices
and, on conviction thereof, may be found guilty of disorderly practices.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person who violates or permits a violation
of this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of not more than $1,000, plus all
court costs, including reasonable attorney's fees, incurred by the Township
in the enforcement of this chapter. Each day a violation exists shall
constitute a separate offense. In default of the payment of any fine,
the defendant shall be sentenced to imprisonment to the extent allowed
by law for the punishment of summary offenses. Further, the appropriate
officers or agents of the Township are hereby authorized to file a
citation for such summary violation and seek any other available relief
at law or equity, including injunction, to enforce compliance with
this chapter.
[Added 12-4-2018 by Ord.
No. 2018-07]
A. Definitions. For the purpose of this section, the following terms
shall be defined as follows:
DUMPSTER
A trademarked brand of a large metal bin for disposal of
refuse, to be temporarily located on a property, designed to be hoisted
onto a specially equipped truck for emptying or hauling away of the
refuse contained therein, or any similar device such as a "Bagster."
PORTABLE STORAGE UNIT (PSU)
Any portable structure, not self-propelled, designed to store
personal belongings outside of a principal structure on a property,
whether constructed of inflexible or flexible material. By way of
illustration only, such structures shall include, but shall not be
limited to, those structures known and labeled as "PODS®" or "PACK-RAT."
UNIT
Either a portable storage unit or a dumpster, as those terms
are defined above.
B. Applicability. The provisions of this section pertaining to permitting,
duration, time limitations, time extensions and number of units allowed
on a property shall not apply to work performed in accordance with
duly issued demolition and/or construction permits. Units used in
conjunction with such permits shall be removed from the property when
the work subject to the permit is completed.
C. Permit required; application; fee. Before placing a unit on a property,
the property owner must submit an application and receive a permit
from the Township Code Enforcement Department. There shall be a fee
for obtaining a permit in accordance with the Falls Township Fee Schedule,
as amended from time to time. No permit fee shall be incurred for
placement of a unit for 30 days or less.
D. Duration. Any unit placed in the public right-of-way at the applicant's
address shall be so located for a maximum of 30 days, including the
days of delivery and removal. A unit located at the applicant's address,
if placed outside the public right-of-way, shall be so located for
a maximum of 60 days, including the days of delivery and removal.
At the expiration of either period, permittee may request an extension
of the permit for not more than two additional thirty-day periods
by submitting a written request for an extension, for cause, from
the Township Code Enforcement Department. The cost of extending a
permit is payable at the time of filing the application for an extension,
in accordance with the Falls Township Fee Schedule, as amended from
time to time.
E. Exceptions. No extensions shall be granted in excess of 90 days,
including the initial term of the permit, except upon written application
of the property owner setting forth sufficient information to justify
the extension, and stating the duration of the requested extension.
F. Location.
(1) The placement of a unit in the public right-of-way or the front yard of a residential property is prohibited, except as provided in Subsection
F(2), below. Units must be placed, whenever possible, in the driveway of the property at the furthest accessible point from the street. The required off-street parking space(s) shall at all times be maintained if a unit is placed in a parking area. The applicant must obtain prior approval of the location of the unit by the Township Code Enforcement Department if the property does not have a driveway.
(2) In those situations where placement of a unit on a property as provided for in Subsection
F(1) is not feasible, a property owner shall be permitted to place a unit in a public right-of-way, provided that such placement shall not obstruct any lane of travel, and provided further that the unit is marked with hazard warning placards as directed by the Township Code Enforcement Department. Additionally, placement of a unit in the public right-of-way must be approved by the Police Department, in addition to the Township Code Enforcement Department.
G. Number and size of units. No more than one portable storage unit
and one dumpster may be placed on a residential property at one time.
If placed in the public right-of-way the unit may not exceed 30 cubic
yards; otherwise the unit may not exceed eight feet six inches in
height, 10 feet in width, or 22 feet in length. If more units than
permitted are needed at the property the applicant must provide in
writing sufficient information to justify the need for the additional
number of units.
H. Condition of units. The applicant, as well as the person or entity
supplying the unit, shall be responsible for ensuring that the unit
is maintained in reasonably good condition, free from evidence of
damage caused by other than normal wear and tear. In no event shall
a use of a unit marked with graffiti or containing holes, tears, or
punctures be permitted.
I. Restoration. Upon the removal of the unit, it is the applicant's
responsibility to restore any damage to the street, right-of-way or
property caused by the unit to pre-unit conditions.
J. Storage of certain materials in portable storage units prohibited.
No portable storage unit shall be used to store solid waste, construction
debris, demolition debris, recyclable material, business inventory,
commercial goods, or any illegal or hazardous material. Upon reasonable
notice to the applicant, the Township may inspect the contents of
any portable storage unit, at any reasonable time, to ensure that
it is not being used to store prohibited materials.
K. Removal of units. Any unit that is not removed at the end of the
time for which it may lawfully remain in place, or immediately upon
the direction of the Township Code Enforcement Department for removal
of such unit for safety reasons, may be removed by the Township immediately,
without notice, and the cost of such removal, together with the cost
of the administration of its removal, may be assessed against the
property of which the unit was located and may be filed as a lien
against such property.
L. Violations; penalty. Any person or entity violating the provisions
of this section shall be guilty of a summary offense, and, upon conviction
before the local District Justice, shall be sentenced to pay a fine
of not less than $300 nor more than $1,000, plus court costs.