[Adopted 11-4-2019 by Ord. No. 2019-05]
As used in this article, the following terms shall have the
meanings indicated:
Any item placed in a street that is not a motor vehicle as
defined by the Pennsylvania Motor Vehicle Code, or temporary dumpster,
including, but not limited to, containers commonly known as "portable
storage devices" or "PODS®."
Any dumpster used or intended as a disposal facility for
construction, renovation, or demolition projects, special events,
seasonal use, or other purposes not permanent in nature.
This article shall not apply to any dumpster on private property.
Prior to the issuance of any permit for any dumpster, temporary
dumpster, or portable storage device, its location and usage shall
be reviewed and approved by the Borough.
A permit for a temporary dumpster or portable storage device
shall be for an initial term of not more than 14 days. Provided the
applicant is in compliance with all provisions of this article and
all other applicable Borough regulations, a renewal permit may be
approved and issued for an additional fourteen-day period upon application
and payment of the permit renewal fee. Not more than one renewal permit
shall be issued by the Borough for any temporary dumpster or portable
storage device placed upon any Borough street. The temporary dumpster
or portable storage device shall be removed prior to the expiration
of the permit.
Prior to the placing of a temporary dumpster within the Borough,
the following is required:
A permit fee may be established by the Borough Council without
it affecting the validity of this underlying article and may be amended
from time to time by simple resolution by a majority vote of the Borough
Council.
The following requirements shall apply to any temporary dumpster
or portable storage device placed upon public streets or pedestrianways
in the Borough:
A.
No dumpster, temporary dumpster, or portable storage device may be
placed on any state road within the Borough; within 40 feet of an
intersection; or within any prohibited or restricted areas, as set
forth by separate resolution of the Borough.
B.
Sufficient reflective tape shall be placed upon all four sides of
the dumpster, temporary dumpster, or portable storage device in such
a manner as to make it visible at night.
C.
Each of the temporary dumpster or portable storage device rollers
or wheels (if any) must be placed upon a wooden pad of at least six
inches and at least 3/4 of an inch in thickness, or on a similarly
protective device in order to prevent damage to the road surface.
D.
No temporary dumpster or portable storage device shall be placed
nearer than 15 feet to any fire hydrant within the cartway or other
area intended for firefighting.
E.
The name, address and telephone number of the temporary dumpsters
or portable storage device owner/operator shall be conspicuously placed
on the side of the device.
F.
For any dumpster, temporary dumpster or portable storage device placed
within the cartway of any street, appropriate safety measures, such
as cones, horses, or caution lighting, must be put in place to protect
residents using the cartway.
G.
No temporary dumpster or portable storage device shall be loaded
in such a manner as to cause its contents to spill onto any street,
sidewalk or other area intended for pedestrian travel.
H.
No temporary dumpster or portable storage device shall contain any
hazardous waste unless pursuant to a permit for such waste issued
by the appropriate governmental entity.
I.
No materials contained in a dumpster, temporary dumpster or storage
device shall emit any noxious or offensive odor or otherwise create
any hazard or risk to public health.
J.
If any damage or injury to the cartway, curb or sidewalk shall be
caused or done by the use of occupancy of any street or road hereunder,
the party to whom such permit shall have been issued shall be responsible
and liable for the same and shall restore the cartway, curb and/or
sidewalk to its original condition within 45 days. If the permittee
refuses to properly restore the cartway, curb or sidewalk to its original
condition, the Borough may do so and collect the cost of the same
from the permittee.
A.
The Borough may cause to have a container removed from the public
right-of-way if the container is in violation of this article.
B.
The violation of this article shall result in a fine of $25 per day,
with each day constituting a separate violation.
C.
The owner of the container or, if the owner cannot be determined,
the person placing it in the public right-of-way shall pay all costs,
fees, penalties or other expenses incurred by the Borough in removal,
storage fees and disposal of any container and its contents.
D.
If the container is not claimed within 30 days by its owner or person
responsible for placing it in the public right-of-way, it may be disposed
of as abandoned property, but disposal shall not diminish responsibility
of the owner or the person responsible for placing the container in
the public right-of-way to pay all amounts due.
