[Adopted 8-1-2022 by Ord. No. 548-2022]
The following terms shall have the meanings as indicated:
HIGHWAY
Any public street, avenue, alley or other thoroughfare within the Borough of Kittanning.
PERMITTEE
A person who obtains or is required to obtain a permit under this article.
PERSON
Any natural person, firm, partnership, corporation, association or similar entity.
WASTE DUMPSTER
A unit designed for the deposit of waste materials at a building, commonly located on a temporary basis on a highway abutting the site and transportable to and from the site for the purposes of disposal of its contents by means of a carrying vehicle.
No person shall place upon, cause to be placed upon or permit to remain on a highway a waste dumpster without first obtaining a permit therefor from the Borough Manager, or Borough Police Department, as responsibility may be from time to time delegated by Borough Council. The duration of such permit shall be 14 days, and continued validity of such permit shall be contingent upon full compliance with the regulations set forth below.
A. 
The fee for a permit pursuant to this article is $25.
B. 
In addition to the fee for the issuance of a permit, an additional fee of $15 is required for every parking meter space taken up by a dumpster.
C. 
If the permittee requires additional time beyond the fourteen-day permit period, a second permit may be obtained for up to two weeks and a second permit fee of $25 must be paid.
D. 
No more than two consecutive permits shall be issued by the Borough for a dumpster placed upon a Borough highway without a fourteen-day period in between.
E. 
After the expiration of the second permit, the dumpster shall be removed from the permitted premises.
A. 
A waste dumpster placed upon a highway shall not extend into the travel lane.
B. 
A waste dumpster placed upon a highway shall bear reflective markings in sufficient positions and with sufficient capacity to provide reasonable warning to approaching nighttime traffic of its location.
C. 
No highway shall be closed for the purpose of location or utilization of a waste dumpster.
D. 
Location and utilization of a waste dumpster upon a highway shall not be such as to constitute a safety hazard to person or property.
E. 
Where a waste dumpster is placed upon a portion of a highway within a parking meter zone, the Borough Police Department must approve the location.
F. 
Location and utilization of a waste dumpster upon a highway shall be in compliance with all other federal, state and local statutes, rules and regulations applicable thereto.
G. 
Each of the dumpster rollers or wheels (if any) must be placed upon a wood pad at least 3/4 of an inch in thickness so as not to damage the highway surface.
H. 
The permittee shall provide a copy of the waste hauler's certificate of insurance listing the Borough as an additional insured, as well as proof of their own liability insurance (homeowner's insurance) in a minimum amount of $300,000.
I. 
As a part of the permit application, the permittee shall execute an indemnity agreement, in a form reasonably acceptable to the Borough, pursuant to which the permittee shall promise and agree to indemnify, save harmless and defend the Borough, its officials, agents, servants, and employees and each of them against and hold the Borough and its above-named personnel harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the placement or utilization of the waste dumpster on the highway.
J. 
Waste dumpsters shall be clearly marked with the owner's name, address and telephone number.
Without limitation as to utilization of any other remedy or action available to the Borough, at law or in equity, civil or criminal, noncompliance with any of the regulations set forth in this article shall be grounds for revocation by the Borough Manager or the Borough Police Department of the permit issued pursuant to this article, as shall any material false statement or omission made in connection with the application for the permit.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $300 and costs of prosecution for each and every offense and, in default of payments of such fine and costs, provided that each day's violation of any of the provisions of this article constitutes a separate offense.