[Adopted 5-7-2020 by Ord. No. 2020-2]
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.
TEMPORARY WASTE DUMPSTER
A portable container designed to assist with moving and/or storage of household goods and materials, including, but not limited to, portable on-demand storage devices ("PODS®") and similar containers, designed for the collection of large amounts of garbage and/or refuse, including, but not limited to, dumpsters and PODS®, or designed for the collection of yard waste and debris. Containers, including dumpsters, used by commercial property owners for regular storage of refuse and garbage in connection with normal business activities shall not be considered bulk containers under this article.
A. 
No person shall place or cause to be placed any temporary waste dumpster or street storage on any Borough street unless and until said person has obtained a permit, issued by the Oakdale Chief of Police and signed by the Office Manager. The duration of such permit 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.
B. 
All persons applying for a permit shall pay an advance deposit fee in an amount set by resolution of the Borough Council. The deposit shall be refunded within 30 days after the termination of the permit, provided that no violation of this article has occurred. All persons applying for a permit shall also be required to pay a nonrefundable permit fee, the amount to be set by resolution.
[Amended 6-3-2021 by Ord. No. 2021-3]
C. 
All persons applying for a permit shall advise the Borough Chief of Police of the following information in writing:
(1) 
Specifications of temporary waste dumpster or street storage, including size and capacity;
(2) 
Type and amount of refuse to be stored;
(3) 
Intended temporary waste dumpster or street storage placement;
(4) 
Length of time the temporary waste dumpster or street storage will remain in said location;
(5) 
Name, address and telephone number of the person available 24 hours per day to receive communication from Borough officials concerning the temporary waste dumpster or street storage and the activities related thereto.
D. 
After the expiration of a legally issued permit, the applicant may seek an extension of the permit upon written good cause shown to Borough Council. If a permit extension is denied, the applicant may appeal the decision, in writing, within 10 days from receipt of the denial. The applicant must pay a nonrefundable appeal fee in an amount as set by resolution of the Borough Council to complete the written request for appeal. Upon written appeal and payment of the applicable appeal fee, a public hearing shall be scheduled and held pursuant to the Local Agency Law before Borough Council.
A. 
The location and utilization of a temporary 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.
B. 
The placement of a temporary waste dumpster or street storage upon a street shall not extend into the travel lane of traffic, and must be placed at least 20 feet from all road intersections.
C. 
Any temporary waste dumpster or street storage placed upon a street shall bear 360º reflective markings with sufficient reflective capacity to provide reasonable warning to approaching traffic from a distance of at least 100 feet.
D. 
Any temporary waste dumpster or street storage placed upon a street shall bear the name and telephone number of the person who owns the unit. If such temporary waste dumpster or street storage is not so marked, the applicant must supply said information to the Chief of Police as a condition for securing and maintaining a valid permit.
E. 
All temporary waste dumpsters and street storage must be maintained in a safe and sanitary manner to assure that the contents may not be invaded or removed by weather, animals or trespassers. Use of the temporary waste dumpster or street storage must not disturb adjacent properties with noxious odors, noise, airborne pollutants, or any other such nuisance.
F. 
All temporary waste dumpsters must be removed from the Borough within 24 hours of reaching full capacity. A temporary waste dumpster is considered filled to capacity when its contents extend to the top edge of any wall of the temporary waste dumpster or beyond the edges of any doors, hatch, or other opening in the roof or any wall of the dumpster.
G. 
After any temporary waste dumpster or street storage is removed, the applicant shall reasonably clean and restore the temporary waste dumpster or street storage location to the condition as it existed prior to the placement of the unit. Such restoration must be completed within 24 hours of removal of the temporary waste dumpster or street storage. If the temporary waste dumpster or street storage area is not cleaned and restored within 24 hours of removal, Borough officials shall cause the area to be cleaned and restored. Such reasonable costs and expenditures incurred by the Borough shall constitute a municipal claim and shall be the responsibility of the applicant, in addition to applicable fines and penalties.
H. 
The temporary waste dumpster or street storage owner and/or contractor shall be responsible for any and all damage to streets, sidewalks, curbs, public rights-of-way or other public improvement which results from the placement, service, operation, use or removal of the temporary waste dumpster or street storage.
I. 
The permittee shall assume all risk of damage, and the Borough shall not be liable for any damage, to the temporary waste dumpster or street storage caused by Borough performed or contracted street plowing, street sweeping, or other public function.
J. 
The Borough reserves the right to limit and/or deny a permit or extension of a permit for a temporary waste dumpster or street storage for good cause, such as snow removal, street cleaning, public safety concerns or other municipal purpose. In such a case that the Borough requires the immediate removal of a temporary waste dumpster or street storage, notice will be provided to the applicant. The applicant will remove the temporary waste dumpster or street storage within 24 hours. If the temporary waste dumpster or street storage area is not removed within 24 hours of notice, Borough officials shall cause the area to be cleaned and restored. Such reasonable costs and expenditures incurred by the Borough shall constitute a municipal claim and shall be the responsibility of the applicant, in addition to applicable fines and penalties.
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County. Additionally, the Borough may remove the temporary waste dumpster or street storage at the expense of the permittee.