[Adopted 7-8-2019 by Ord. No. 2019-07]
The primary purpose of public streets is for use by vehicular
and pedestrian traffic. Reasonable regulation of obstruction in public
streets and sidewalks is necessary to protect the health, safety and
welfare of the general public.
The following words, terms and phrases when used in this article
shall have the meanings ascribed to them in this section, except where
the context or language clearly indicates or requires a different
meaning:
A metal storage receptacle used to temporarily store debris
or garbage which is then emptied of its contents or removed with its
contents by a truck specially equipped for this purpose.
Any natural person, partnership, firm, association, utility
or corporation.
Any portable structure, not self-propelled, designed to store
personal belongings, whether constructed of flexible or inflexible
material, including but not limited to, containers commonly known
as "portable storage devices" or "PODS®."
The entire right-of-way of a public street, highway or road
within the geographical limits of the Township, but shall not include
any state-designated highway over which the Department of Transportation
of the Commonwealth of Pennsylvania has jurisdiction.
A dumpster or portable storage device.
No person shall place or cause to be placed a unit upon any
street without first having obtained a permit from the Police Department.
It shall be the responsibility of the property owner benefitting from
the use of the dumpster to obtain a permit and to publicly display
a copy of the permit before placement of any dumpster.
A permit application shall be submitted to the Township Police
Department on an application form provided by the Township Police
Department for this purpose. The application must set forth the special
circumstances necessitating the placement of the unit upon the street
and the proposed location.
Upon approval of the permit application by the Township Police
Department, a permit for placement of the unit shall be issued by
the Township Police Department upon payment of the permit fee and
shall be for a term not to exceed 30 days. The permit fee shall initially
be set at $50. Any change in the permit fee by the Township shall
be by resolution of the Commissioners from time to time.
Upon issuance of the permit, the permit holder shall comply
with the following requirements:
A.
Any unit for which a permit is issued shall bear reflective tape
or illuminated markings in order to provide adequate warning of the
placement of the unit to pedestrians and motorists.
B.
No unit shall be placed nearer than 15 feet to any fire hydrant or
other intended fire-fighting equipment.
C.
The location of any unit on any street shall not obstruct any pedestrian
way or the lane of travel of any street.
D.
The location of any unit upon any street shall not interfere with
any required clear sight distance across any intersection or driveway.
E.
No materials contained in a unit shall emit any noxious or offensive
odor or otherwise create any hazard or risk to public health.
F.
The permit shall be conspicuously place in a location that permits
it to be identified from the street.
G.
If any damage or injury to the street shall be caused or done by
the use or occupancy of any street hereunder, the party to whom the
permit is issued shall be responsible and liable for the same and
shall restore the street to its original condition. If the permit
holder refuses to properly restore the street to its original condition,
the Township may do so and collect the cost of the same from the permit
holder.
Any permit issued by the Township Police Department as provided
herein may be immediately revoked by the Township Police Department
upon mailing of notice of revocation to the permit holder at the address
stated in the permit application for any of the following reasons:
A.
Failure to comply with any provision of this article or any requirement
as set forth in the permit or permit application.
B.
The emission of any foul or noxious odor from material contained
in the dumpster, regardless of whether the dumpster is filled to capacity
or not.
C.
The presence of any vehicular, pedestrian, fire, health or safety
hazard or potential hazard arising after issuance of a permit.
Any person who violates any provision of this article shall
upon conviction thereof, be fined no less than $25 and nor more than
$1,000. Failure to immediately remove a unit for which a permit has
been revoked shall constitute a separate violation for each day after
revocation and the Township may so remove or cause the unit to be
removed at the expense of the person identified as the permit holder
on the revoked permit.
Should any paragraph, sentence, clause or phrase of this article
be declared unconstitutional or invalid for any reason, the remainder
of the article shall remain in full force and effect, and the same
shall not affect the validity of the remaining portions of this article.
