[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 203, Art. III, of the 1995 Code]
Unless otherwise expressly stated, the following terms, whenever used in this article, shall respectively be deemed to have the meanings indicated:
DUMPSTER/CONSTRUCTION CONTAINER
Any container used in the normal course of demolition or construction for the purpose of storing, containing and/or carting debris.
HAZLETON CITY AUTHORITY
The Hazleton City Authority Industrial Division.
[Added 3-9-2011 by Ord. No. 2011-1]
PERSON
An individual or individuals or corporation, partnership or voluntary association.
A. 
The placement of a dumpster and/or construction container upon a sidewalk, street or highway within the City of Hazleton by persons other than agents or employees of the City is hereby prohibited unless:
(1) 
The dumpster and/or construction container is properly illuminated by at least one reflector on each side, such reflector to be at least six inches in diameter so that it is visible at night.
(2) 
There is no defect or faulty design in the dumpster and/or construction container which would create a hazard to the general public. Dumpsters and/or construction containers must be self-supporting. Dumpsters to be used at restaurants and other eating and drinking establishments must have lids which close properly.
(3) 
The placement of the dumpster and/or construction container does not block the flow of vehicular traffic or pedestrian traffic and it is not loaded in such a manner as to cause its contents to spill onto the street or sidewalk areas.
(4) 
The dumpster and/or construction container is conspicuously marked with the name and telephone number of its owner.
(5) 
The use of the dumpster and/or construction container will not create offensive odors or a health, safety or fire hazard.
B. 
It shall be the responsibility of the lessee to contact the lessor to have a filled dumpster and/or construction container emptied by the lessor in a timely manner; that is, within three days.
C. 
Upon removal of the dumpster and/or construction container, the area where the dumpster/container was located must be free of all debris, which shall include flushing or washing of the area if necessary.
D. 
Damage to streets, sidewalks or other public property caused by the placement of the dumpster shall be repaired by the dumpster owner within 10 days of removal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A permit for the right to place dumpsters and/or construction containers in the City shall be obtained by the person or entity that desires to place a dumpster or construction container in the City. The Code Enforcement Officer shall review and approve issuance of a permit, and such approval shall not be unreasonably withheld. No permits shall be issued until a fee in the amount set forth in the fee schedule is paid to the City of Hazleton.
If a dumpster and/or construction container is placed in an area where the City regulates parking with parking meters, the owner shall pay the cost of locating the container in that space, as determined by applicable meter rates, in addition to the annual fee required in § 404-17.
A. 
Any permit granted pursuant to this article by the City and/or the Hazleton City Authority may be revoked by the Code Enforcement Officer of the City of Hazleton if:
[Amended 3-9-2011 by Ord. No. 2011-1]
(1) 
The permit holder has made any false statements in his application for a permit; or
(2) 
The permit holder fails to conform to the provisions of this article.
B. 
After three violations, the permit will be revoked for one year or with an aggregate of five violations, the permit will be revoked permanently.
C. 
A decision by the Hazleton City Authority or the Code Enforcement Officer of the City of Hazleton to revoke any permit issued pursuant to this article shall be in writing and transmitted to the permit holder either in person or by certified mail. Such decision shall clearly state the grounds for the revocation.
[Amended 3-9-2011 by Ord. No. 2011-1]