[Ord. 8368, passed 4-8-2021]
This Ordinance shall be known as the "New Castle Dumpster Ordinance."
It is the purpose of this Ordinance to promote a safe, clean environment
throughout the City of New Castle and to reduce and/or eliminate the
risk of potential vehicular, pedestrian, fire, health or safety or
similar hazards through the regulating of containers and receptacles
used for the temporary collection and/or retention of non-hazardous
waste and similar materials.
[Ord. 8368, passed 4-8-2021]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
(a) CITY — The City of New Castle, Pennsylvania.
(b) CODE ENFORCEMENT — The City of New Castle Code Enforcement
Department.
(c) COMMON PERMIT — A permit issued for all purposes other than
a construction permit.
(d) CONSTRUCTION WASTE — Lumber, roofing material, sheathing, rubble,
broken concrete, macadam, plaster and brick, conduit, pipe, insulation,
and other material which results from a construction, demolition,
or remodeling and/or repair process.
(e) CONSTRUCTION PERMIT — A permit issued for a property site on
which a structure is being constructed, renovated or demolished and
for which work is commonly longer than 10 days.
(f) DEMOLITION WASTE — See "construction waste."
(g) DUMPSTER — Any storage container or receptacle, eight yards
or larger, which is temporarily placed, for a short duration of days,
and removed from a property and which is used for the deposit, collection
and/or retention of non-hazardous waste to be transported to an off-site
disposal location; commonly referred to as dumpsters and/or roll offs.
Containers or receptacles used for weekly municipal residential refuse
pick-up or commercial use dumpsters required of businesses and multi-tenant
buildings for the collection of refuse are not included in this definition
and are exempt from the provisions of this Ordinance.
(h) NON-HAZARDOUS WASTE — Any trash, refuse, garbage, rubbish,
solid waste, organic solid waste, scrap, debris, construction waste,
demolition waste and similar discarded or unused materials, items
or things.
(i) PERSON — Any individual or entity.
(j) STREET — Any road, street, lane, highway, alley, or right-of-way.
[Ord. 8368, passed 4-8-2021]
No person shall place or cause to be placed upon any street,
sidewalk, or public property within the City, any dumpster, without
first having obtained a permit from Code Enforcement. Failure to obtain
a permit and/or the placement of a dumpster in violation of this Ordinance
shall constitute a violation of this Ordinance.
[Ord. 8368, passed 4-8-2021]
A request for a permit shall be submitted to Code Enforcement
on a form provided by the City. Code Enforcement shall determine what
type of permit is required.
[Ord. 8368, passed 4-8-2021]
(a) Upon approval by Code Enforcement and payment of the applicable fee,
a permit shall be issued. Common permits shall be valid for 14 consecutive
days from date of issuance and construction permits shall be valid
for up to six consecutive months. Provided that the requirements of
this article and the permit issued hereunder are complied with, a
common permit may be renewed for an additional period of 10 consecutive
days and a construction permit may be renewed for up to an additional
90 consecutive days. The renewal of a permit shall be the discretion
of Code Enforcement and may only be renewed upon payment of the renewal
fee.
(b) The fee for a common permit shall be $10 and a renewal permit fee
shall be $5. The fee for a construction permit shall be $20 and a
renewal permit fee shall be $10.
(c) The fees set forth in this article may be amended from time to time
by resolution of the Council of the City.
[Ord. 8368, passed 4-8-2021]
Upon issuance of a permit as set forth herein, the permit holder
shall comply with the following requirements:
(a) Any dumpster for which a permit is issued shall bear reflectorized
or illuminated markings on all four sides in order to provide adequate
warning of the placement of such dumpster to pedestrians and motorists.
(b) Any dumpster is filled to capacity shall be removed or emptied within
three calendar days.
(c) No dumpster may be placed for a longer period of time than permitted
by this article and as noted on the permit.
(d) Any dumpster placed on any public street shall not be placed:
(1)
Within 50 feet of a stop sign.
(2)
Twenty-five feet of a cross walk.
(3)
Within 15 feet of a fire hydrant.
(4)
Within 50 feet of a railroad crossing.
(5)
Upon any bridge or elevated structure.
(6)
Opposite any street excavation.
(7)
On parking/handicap spaces.
(e) Clear view of the dumpster must be visible from a distance of 200
feet.
(f) The permit must be displayed conspicuously on the dumpster at all
times.
[Ord. 8368, passed 4-8-2021]
(a) Any permit issued or renewed by the City as provided herein may be
immediately revoke by the City for any of the following reasons:
(1)
Failure to comply with any provision of this article or any
requirement set forth in the permit.
(2)
The emission of any foul or noxious odor from material contained
in the dumpster, regardless of whether the dumpster is filled to capacity
or not.
(3)
The presence of any vehicular, pedestrian, fire, health or safety
hazard or potential hazard arising after issuance or renewal of a
permit.
(b) Failure to remove any dumpster for which a permit has been revoked
shall constitute a violation of this article.
[Ord. 8368, passed 4-8-2021]
(a) No person shall place or cause to be placed upon any private property,
any dumpster, in the City for more than 14 consecutive days.
(b) No permit shall be required for a dumpster placed on private property
for less than 14 consecutive days. If a dumpster is or will be placed
on private property for more than 14 consecutive days, a permit must
be obtained from Code Enforcement.
(c) Dumpsters placed on private property must comply with the provisions,
conditions, restrictions, prohibitions and requirements of this Ordinance
whether or not a permit is required or has been issued.
[Ord. 8368, passed 4-8-2021]
(a) No hazardous waste, residual waste, unsterilized or unprocessed infectious
or pathological waste, chemotherapeutic waste, gas cylinders, explosives
and ordinance materials, liquid waste (i.e. containing less than 20%
solids by weight or flowable), radioactive materials, automotive parts,
electronics, appliances, paints, solvents, pesticides, oil, gas, recyclables,
light bulbs, batteries, tires, glue, or any hazardous materials shall
be placed in a dumpster.
(b) A dumpster not currently in use for the deposit, collection and/or
retention of non-hazardous waste, shall not be placed and/or stored
on any street and/or public or private lot in the City.
[Ord. 8368, passed 4-8-2021]
It is the intention of the City that the provisions of this
Ordinance be construed, enforced and interpreted in such a manner
as will cause the least possible infringement of the constitutional
rights of free speech, free expression, due process, equal protection
or other fundamental rights consistent with the purposes of this Ordinance.
Should a court of competent jurisdiction determine that any part of
this article, or any application or enforcement of it is excessively
restrictive of such rights or liberties, then such portion of the
Ordinance, or specific application of this Ordinance, shall be severed
from the remainder, which shall continue in full force and effect.
[Ord. 8368, passed 4-8-2021]
All ordinances or parts of ordinances conflicting with any of
the provisions of this Ordinance are hereby repealed insofar as the
same affect this Ordinance. Notwithstanding the foregoing, this Ordinance
shall not be interpreted to repeal or amend Article 950, City of New
Castle Municipal Solid Waste, of the Codified Ordinances of the City
of New Castle.
[Ord. 8368, passed 4-8-2021]
This Ordinance shall become effective immediately and as provided
by law.
[Ord. 8368, passed 4-8-2021]
Any person that violates the provisions of this Ordinance shall
be guilty of a summary offense and, upon conviction thereof, shall
be punished as follows:
(a) Any person that violates the provisions of this Ordinance shall be
guilty of a summary offense and, upon conviction thereof, shall be
punished as follows:
(1)
First violation - by a fine not less than $25 and not more than
$50 recoverable with costs; and
(2)
Second violation - by a fine not less than $50 and not more
than $100 recoverable with costs; and
(3)
Third and each subsequent violation — by a fine of not
less than $300 and not more than $1,000 recoverable with costs, or
with imprisonment for not more than 30 days or both a fine and imprisonment.
(b) In addition to any other remedy provided in this article, the City
may institute proceedings to restrain any violation of, or to require
compliance with, this Ordinance. Each day any violation continues
is a separate offense.