[Adopted 6-4-2019 by Ord.
No. 393]
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
A person who obtains or is required to obtain a permit under
this article.
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 of Tullytown.
Any item placed in a street for a period in excess of 24
consecutive hours that is: a) not a motor vehicle as defined by the
Pennsylvania Vehicle Code; or b) a 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.
A.
Except as provided and authorized in this article, no person shall
place upon, cause to be placed upon or permit to remain upon a street
a waste dumpster or street storage without first obtaining a permit
therefor from Tullytown Borough and paying the applicable permit fee.
B.
The permit identified under Subsection A shall not be required for street storage for periods less than seven total days in any cycle of 365 days. Regardless of whether a permit is required, street storage of any kind must otherwise meet all requirements of this article.
C.
Any waste dumpster or street storage authorized under a permit issued
pursuant to this article shall be placed in the approved location
within 30 days after issuance of the permit. If not, the permit shall
be deemed null and void and a new permit must be applied for and secured.
D.
The duration of any permit issued under this article shall be 30
days, and the continued validity of such permit shall be contingent
upon full compliance with the regulations and requirements set forth
in this article. If the permittee requires additional time, the permit
may be renewed for up to, but not exceeding, two additional thirty-day
periods without payment of an additional fee. Permit renewal may be
denied due to inactivity.
The permit fee for any waste dumpsters or street storage shall
be established by resolution or motion of Borough Council.
A.
Any waste dumpster or street storage placed upon a street shall bear
reflective markings in sufficient positions and with sufficient reflective
capacity, or other sufficient markings, cones and/or barrels, to provide
reasonable warning to approaching traffic in both directions of its
location.
B.
No street shall be closed for the purpose of location or utilization
of a waste dumpster or street storage without Pennsylvania Department
of Transportation, if applicable, and Tullytown Borough temporary
road closure authorization.
C.
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, animals or property.
D.
The location and use 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
article.
E.
Liability insurance shall be obtained and maintained by the permittee
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 dumpster or street storage
on any street, with the Borough of Tullytown being named as an additional
insured on the policy for such purpose. A permit shall not be released
until the permittee has provided such proof of insurance.
F.
The permittee shall execute an indemnity agreement, in a form acceptable
to Tullytown Borough, agreeing to indemnify, hold harmless and defend
Tullytown Borough, its officials, agents, representatives, 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.
G.
Only one waste dumpster per property will be permitted on any street
in the Tullytown Borough at any one time.
H.
If a chute or similar device or object is to be used with a waste dumpster, it must be deemed structurally sound by Tullytown Borough or its designee, and liability insurance in the same amount and form as set forth in Subsection F above shall be provided.
I.
The permittee assumes all risk of damage, and Tullytown Borough shall
not be liable for any damage, to the waste dumpster or street storage
when Tullytown Borough or any other entity is plowing snow, maintaining
the street or other facilities within the street or performing other
public functions.
Without limitation as to the utilization of any other legal
or equitable remedy or action available to Tullytown Borough, civil
or criminal, on noncompliance with any of the requirements or provisions
set forth in this article, or any material false statement or omission
made in connection with the application for a permit shall be grounds
for revocation of the permit by the Tullytown Borough Coordinator,
or his or her designee of the permit issued pursuant to this article.
A.
After the expiration of any permit issued under this article, the
waste dumpster and/or street storage shall be removed from the street
and Tullytown Borough.
B.
Where a waste dumpster and/or street storage is not removed when
required under this article, Tullytown Borough may at the expense
of the owner or lessee of the property or the permittee cause the
removal of a waste dumpster or street storage.
A.
Any owner or other person who violates any provision of this article
shall, upon conviction, pay a fine and be subject to the penalties
set forth in this section and where otherwise specifically provided
in this article. Notices for violations of this article shall be issued
by the Tullytown Borough Police Department.
B.
Violations of this article shall be punishable by civil penalties
in accordance with the following fines: first offense, $200; second
and subsequent offenses, $600.
C.
If the civil penalty prescribed in subsection B above and imposed by a citation for a violation of this article is not voluntarily paid to Tullytown Borough within 10 days of the issuance of the citation, the Tullytown Borough Police Department shall institute civil enforcement proceedings before a Magisterial District Judge by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.
D.
In addition to the fines set forth in Subsection B above, if any violation results in or in any way involves the injury or death of a person, the Tullytown Borough Police Department may issue a citation to the property owner and/or permittee for a criminal penalty fine for up to $1,000 for each violation. Enforcement of any citation issued under this subsection D shall be in the same manner provided for by the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
E.
Each day that a violation of this article continues, upon a property
owner and/or permittee having been found liable therefor in civil
proceedings, shall be considered a separate violation.
F.
Tullytown Borough may recover all court costs, legal fees and any
other costs and fees incurred by Tullytown Borough to enforce the
provisions of this article.
G.
Tullytown Borough may also institute civil proceedings against a
property owner and/or permittee in equity for injunctive and/or civil
relief as necessary to secure compliance with this article.
H.
Nothing in this article shall be interpreted as limiting the rights
of a private property owner to seek civil relief through a court of
competent jurisdiction, nor the institution of private civil proceedings.
