[HISTORY: Adopted by the Board of Supervisors of the Township of Palmer 9-8-2020 by Ord. No. 2020-462. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Palmer Township Dumpster and Portable Storage Container/Devices Ordinance."
The primary purpose of public streets is for use by vehicular and pedestrian traffic. Reasonable regulations of obstructions 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 chapter shall have the meanings ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning:
DUMPSTER
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 specifically equipped for this purpose.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
PORTABLE STORAGE CONTAINER
Any on-site storage container described as a steel portable container, dry van container, warehouse storage unit, semi-tractor cargo container, cargo trailer, shipping container or any other similarly described unit, and/or 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®."
STREET
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.
TOWNSHIP
Palmer Township, Northampton County, Pennsylvania.
UNIT
A dumpster or portable storage device.
No person shall place or cause to be placed any unit, dumpster or other type of trash receptacle or portable storage container in the right-of-way area of a Township street or on property owned by the Township, except upon having obtained a unit, dumpster or portable storage container permit to be issued by the Palmer Township Police Department. It shall be the responsibility of the property owner benefiting from the use of the unit, dumpster or portable storage container to obtain a permit and to publicly display a copy of the permit before placement of any unit, dumpster or portable storage container. Unit, dumpster or portable storage container permits must be obtained no less than five days before delivery of the unit, dumpster or portable storage container.
A permit application must be submitted to the Township Police Department on an application form provided by the Township Police Department for this purpose. All applications for a unit, dumpster or portable storage container shall be accompanied by a sketch showing the size of the unit, dumpster or portable storage container, and the placement of the unit, dumpster or portable storage container upon the street and the proposed location.
The fee to be paid to the Township for permits shall be set forth by the Board of Supervisors by resolution and will be reviewed and revised annually or as needed.
A. 
Units, dumpsters or portable storage containers may not be placed on a sidewalk unless express permission of the Police Department is given and has been noted on the dumpster or portable storage container permit.
B. 
Units, dumpsters or portable storage containers shall not extend into the travel portion of any roadway.
C. 
All units, dumpsters or portable storage containers within the roadway shall be clearly marked with reflectors or reflective tape in order to provide adequate warning of the placement of the unit, dumpster or portable storage containers to pedestrians and motorists.
D. 
All units, dumpsters shall be covered when not in use.
E. 
At no time will any material be thrown from any structure to a dumpster unless the construction area conforms to Sections 6G and 6H of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration (23 CFR Part 655.603).
F. 
At no time will any material extend above the solid sides of the unit, dumpster or portable storage container.
G. 
Unit, dumpster or portable storage container permits must be conspicuously displayed on the roadway side of the unit, dumpster or portable storage container, and in a location that permits it to be identified from the street.
H. 
A copy of the unit, dumpster or portable storage container permit shall be retained by the property owner and/or construction company using the dumpster and by the owner of the dumpster or portable storage container during the time the dumpster or portable storage container is within the right-of-way of the roadway.
I. 
Permits will be valid for the time period specified on the permit.
J. 
Permits for dumpsters shall be valid for 15 days unless express permission of the Township Police Department is given. Permits for portable storage containers shall be valid for seven days. Upon expiration of said permits, renewal fees shall apply. Renewal for a portable storage container shall be valid for seven days only.
K. 
The owner of the unit, dumpster or portable storage container shall not place a unit, dumpster or portable storage container within any right-of-way without having a valid unit, dumpster or portable storage container permit in his/her possession and affixed to the unit, dumpster or portable storage container in a conspicuous location that permits it to be identified from the street.
L. 
If immediate removal of a unit, dumpster or portable storage container is required due to an emergency condition (including but not limited to street repairs, waterline and sewer line breaks, fire, etc.), removal of the unit, dumpster or portable storage container will be at lessee's expense. During a snow emergency, the Township may order the immediate removal of any dumpster within the cartway of any snow emergency route. Costs for removal of the dumpster during a snow emergency will be the responsibility of the lessee. If any additional costs are incurred during a dumpster removal due to snow being plowed or otherwise placed in close proximity to the dumpster, these additional costs will be the responsibility of the lessee.
M. 
Exceptions to this chapter include normal trash receptacles approved by the Township for regular weekly collection and other receptacles approved for specially designated collections periodically set by the Township for items such as white goods, bulk items and lawn waste.
N. 
No unit, dumpster or portable storage container shall be placed nearer than 15 feet to any fire hydrant or other intended firefighting equipment.
O. 
No unit, dumpster or portable storage container shall be placed nearer than 15 feet to any intersection and/or traffic control device.
P. 
No materials contained in a unit, dumpster or portable storage container shall emit any noxious or offensive odor or otherwise create any hazard or risk to public health.
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 chapter or any requirement as set forth in the permit or permit application.
B. 
The presence of any vehicular, pedestrian, fire, health or safety hazard or potential hazard arising after issuance of a permit.
C. 
The emission of any foul or noxious odor from material contained in the unit, dumpster or portable storage container, regardless of whether the unit, dumpster or portable storage container is filled to capacity or not.
A. 
Any person, property owner, tenant, and/or other individual, entity, and/or corporation who violates any of the provisions of this chapter shall, upon conviction before any Magisterial District Justice, be sentenced to pay a fine not exceeding $600, plus costs of prosecution, and, in default thereof, undergo imprisonment for not more than 30 days.
B. 
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
C. 
For collection of fines and penalties, see § 1-16E of Chapter 1, General Provisions.
In addition to or in lieu of the penalties provided in § 181-9 hereof, any violations of the provisions of this ordinance may be abated or enforced by proceedings seeking equitable relief against the violator.