[Adopted 11-11-1916 by Ord. No. 165; amended in its entirety 12-13-2021 by Ord. No. 3256]
The making of any fire on any street, road or alley in the Township of Whitehall, regardless of whether such street, road or alley shall be paved or unpaved, is hereby prohibited.
A. 
The emptying, depositing, placing or permitting of any waste from any source or any waste from any boiler, engine room or heating system, or any mud or debris or landscaping materials, any fluids from vehicles or other sources, any oil or grease from any food source, recycling or dumpster container, or any waste whatsoever in or upon any street or highway in the Township of Whitehall, is hereby prohibited.
B. 
Any discharge to a municipal storm sewer that is not comprised entirely of stormwater is prohibited. This includes but is not limited to dumping/leaking of motor vehicle fluids, household hazardous wastes, grass clippings, leaf litter, animal wastes, unauthorized discharges of sewage, industrial waste, restaurant wastes, landscaping materials, saw cutting water waste, all whether accidental or intentional.
C. 
Any discharges into the street that result in a violation of the above provisions will result in the immediate issuance of citations pursuant to the litter provisions of the codified ordinances of the Township and the required removal and cleanup of the materials. If the required cleanup is not performed upon notice by violator, the Township will perform the necessary remediation and bill the violator and/or property owner for these costs. Administrative and penalty fees will be applied, and property liened for said costs and fees.
A. 
Definitions. 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:
BREAKAWAY MAILBOX
A mailbox approved by the U.S. Postal Service and used for the curbside delivery of mail, which is supported by a wood post no greater in cross-section than four inches square or by a post with a strength no greater than a two-inch diameter steel pipe. Two such posts may be used to support a cluster of four or more mailboxes.
NEWSPAPER DELIVERY RECEPTACLE
A device for receiving and containing newspapers delivered for and at the request of a subscriber to the newspaper.
PUBLIC PROPERTY
Any street, highway, avenue, alley, sidewalk, skywalk bridge, public place, or other real property or right-of-way owned or controlled by the Township.
B. 
Regulations. No mailbox or newspaper delivery receptacle shall be erected within any right-of-way or other public property which is not a breakaway mailbox.
C. 
Damages. Any injury or damage to persons or property occurring in consequence of the construction, use or maintenance of any of the encroachments described in this article or because of any defect therein shall be paid by the person using or maintaining such encroachment. After August 11, 2004, the responsibility for damage to a mailbox upon public property by the Township, its officers, employees, and agents shall be limited to replacement of the damaged mailbox by the Township with a breakaway mailbox of a standard design and color selected by the Township. The owner of any mailbox remaining upon public property after August 11, 2004, shall be deemed to have agreed to this limitation as a condition of the owner's continued use of the public right-of-way. Any mailbox which is not a breakaway mailbox, when replaced or damaged in any way, shall be replaced with a breakaway mailbox pursuant to these regulations.
D. 
Inspections. The Mayor or his or her authorized agent is authorized to inspect, at any time, the different encroachments mentioned in this article.
No person shall place or cause to be placed any dumpster, storage container, pod or any other similar container within the right-of-way area of any Township street, except upon having first obtained the necessary dumpster permit, issued by the Whitehall Township Police Department and Bureau of Public Works. In addition, all such dumpsters shall conform to the following regulations (for the purposes of this section the term 'dumpster' includes all such containers listed herein):
A. 
No dumpster permit shall be issued to a property where off street parking or driveway exists.
B. 
The dumpster must be one that can be readily removed from the right-of-way area.
C. 
The dumpster cannot extend into the sidewalk area and cannot be a hazard to the public using the sidewalk.
D. 
All dumpsters in the cartway shall be clearly marked with reflective tape and flashing caution lights. For the purposes of this section, the cartway is defined as the area between curbs.
E. 
Plans and site location of the proposed dumpster shall be submitted along with the application for dumpster permit and must be approved prior to placement of the dumpster.
F. 
No dumpster permit shall be issued if, in the opinion of the Whitehall Township Police Department, such issuance will create a safety hazard to the use of the sidewalk area or cartway by pedestrians or vehicles.
G. 
No dumpster to be located in the cartway shall be wider than eight feet.
H. 
Once issued, the maximum duration of a permit for a dumpster shall be 30 continuous days unless otherwise approved by the Township.
I. 
All waste must be emptied from the dumpster on a regular basis. At no time shall the waste be permitted to overflow the dumpster.
J. 
No dumpster permit shall be issued for the placement of same in a cartway with a width of less than 30 feet; nor shall such a permit be issued for a cartway with parking restrictions established thereon.
K. 
Fees for dumpster permits shall be as set forth in the Whitehall Township Fee Schedule.
L. 
All dumpsters shall display on them the name of the owner/supplier of same. Emergency contact information must be displayed on the container for twenty-four-hour emergency response.
M. 
All dumpsters must be covered when not in active use.
N. 
There shall be no leakage of any fluids from dumpster and no windblown debris from same.
O. 
The property owner shall keep all areas cleaned of debris around dumpster at all times.
P. 
Dumpster must be placed in front of property that is serving, and must not block adjacent properties. If property is not wide enough to allow for dumpster, it cannot be permitted without written permission of abutting property owner.
Q. 
No dumpster may constitute an obstruction to a traffic pedestrian or vehicular path, an accessible path or constitute a vision obstruction.
R. 
Form of permit. The dumpster permit shall contain, at a minimum, the following information:
(1) 
Name, telephone and address of property owner for which the dumpster is being placed.
(2) 
Name, telephone and address of dumpster supplier.
(3) 
Name and telephone number of dumpster company representative, this representative shall be available 24 hours a day in case of emergency.
(4) 
Date that dumpster is to be placed and expected removal date.
(5) 
Size of dumpster.
(6) 
Location map for dumpster location.
(7) 
Proof of liability insurance coverage for the dumpster.
Any person, firm, corporation, association, or organization who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs or prosecution, or in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
The imposition of any penalty under this article shall not preclude the Township or other injured party from recovery of damages incurred as a result of any violation of this Article II.