[Adopted 9-5-2019 by Ord. No. 1210]
The following terms shall have the meanings as indicated:
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 legally recognized entity.
Any container so constructed to allow for the temporary or
permanent storage of movable property.
Any public street, avenue, alley or other thoroughfare within
the Borough of Northampton.
Any item placed in a street for a period in excess of 24
consecutive hours that is not defined as a motor vehicle as defined
by Title 75 of the Pennsylvania Motor Vehicle Code, including, but
not limited to, storage pods.
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 property or structure and transportable
to and from the site for the purposes of disposal of its contents
by means of a carrying vehicle. The term "waste dumpster" shall include
all types of units, including, but not limited to, metal dumpsters
and dumpster bags or Bagsters®.
No person shall place upon, cause to be placed upon or permit
to remain on a street a waste dumpster or street storage without first
obtaining a permit therefor from the Borough of Northampton Police
Department and paying the applicable permit fee. The duration of such
permit shall be 14 days and the continued validity of the permit shall
be contingent upon full compliance with the regulations set forth
in this article. If the waste dumpster or street storage is or will
be placed upon a roadway, the placement of same must be approved by
the Chief of Police or his designee. One fourteen-day extension of
a permit may be granted, at the discretion of the Chief of Police,
without additional fees. Permit renewal will be denied for inactivity.
The permit fee for waste dumpsters and street storage shall
be established annually by resolution of the Northampton Borough Council.
A.
The placement of a waste dumpster or street storage upon a street
shall not extend into the travel lane of the roadway.
B.
A waste dumpster or street storage upon a street shall bear reflective
markings in sufficient positions and with sufficient reflective capacity
to provide reasonable warning to approaching traffic, in both directions,
of its location. These warnings must consist of dumpster markings,
cones or barrels with flashers and must be approved by the Chief of
Police or his designee.
C.
No street shall be closed for the purpose of location or use of a
waste dumpster or street storage without the Pennsylvania Department
of Transportation and, if applicable, Northampton Borough Council
temporary road closure authorization.
D.
The location and use of a waste dumpster or street storage upon a
street shall not be in a manner which constitutes a safety hazard
to persons or property.
E.
Where a waste dumpster is placed upon a portion of a highway within
a parking meter zone, the Northampton Borough Police Department must
approve the location.
F.
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.
G.
Each waste dumpster or street storage that is equipped with wheels
or rollers must be placed upon a wood pad with at least a thickness
of 3/4 of an inch so as to not damage the highway surface.
H.
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough of Northampton, promising to indemnify, hold harmless
and defend the Borough, its officials, agents, servants, and employees
and each of them, against and hold it 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.
I.
Only one waste dumpster or street storage per property will be permitted
on any highway of the Borough of Northampton.
J.
A waste dumpster or street storage shall be clearly marked with the
owner's name, address and telephone number.
K.
The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage, to the waste dumpster or street storage
when the Borough is plowing snow, maintaining the street or other
facilities within the street or performing other functions.
Without limitation as to the use of any other legal or equitable
remedy or action available to the Borough, civil or criminal, noncompliance
with any of the requirements or provisions set forth in this article
or any material false statement or omissions made in connection with
the application for permit shall be grounds for revocation by the
Borough Manager, the Northampton Borough Police Chief or their designee
of the permit issued pursuant to this article.
The 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.
Any person who or which violates or fails to comply with any
provision of this article shall, upon conviction, be sentenced to
pay a fine of not less than $200 and not more than $600, plus costs,
for each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this article. Each
provision of this article which is violated shall be considered a
separate violation. Such fine shall be in addition to any other fine
which may be imposed under the provisions of any other ordinances
of the Borough, Pennsylvania law, or federal law. In default of payment
of any fine, such person shall be liable to imprisonment for not more
than 30 days.
In addition to or in lieu of the penalties provided in § 210-65 hereof, any violations of the provisions of this article may be abated or enforced by proceedings seeking equitable relief against the violator.
If any section, subsection, paragraph, provision, regulation,
limitation, restriction, sentence, clause, phrase or word in this
article is declared for any reason to be illegal, unconstitutional
or invalid by any court of competent jurisdiction or other tribunal,
such decision shall not affect or impair the validity of this article
as a whole, or any other section, subsection, paragraph, provision,
regulation, limitation, restriction, sentence, clause, phrase, word
or remaining portion of this article. The Borough Council hereby declares
that it would have adopted this article and each section, subsection,
paragraph, provision, regulation, limitation, restriction, sentence,
clause, phrase, or word hereof irrespective of the fact that any one
or more of the sections, subsections, paragraphs, provisions, regulations,
limitations, restrictions, sentences, clauses, phrases or words may
be declared illegal, unconstitutional or invalid.
All ordinances or parts of ordinances inconsistent with the
provisions of this article are hereby expressly repealed.
