[Ord. 808, 4/6/2015]
For the purposes of this Ordinance, the following terms shall
be defined as follows:
A large, high capacity bag, generally of woven polypropylene,
used as a trash receptacle for disposal of refuse, and which is collected
by a specially equipped waste hauling vehicle, or any similar device.
A large trash receptacle for disposal of refuse to be temporarily
located on a property, and designed to be hoisted onto a specially
equipped truck for emptying or hauling away of refuse contained therein,
or any similar device.
A transportable, standardized, reusable vessel or container,
or receptacle that is originally and specifically designed for or
is used in stowing, packing, shipping, moving, or transporting freight,
articles, goods or commodities, and is designed for or is capable
of being mounted or moved on a truck, and is located at site for temporary
storage of personal property or any similar device, and is more commonly
known as a "Pack Rat" or "POD".
Any Bagster, Dumpster, or Temporary Portable Storage Unit.
[Ord. 808, 4/6/2015]
The provisions of this ordinance pertaining to permitting, duration,
time limitations, time extensions, and number of Units allowed on
a property shall not apply to work performed under demolition permits
and/or construction permits. Such Units, however, shall be removed
from the property when the work being done pursuant to a demolition
permit or construction permit is completed.
[Ord. 808, 4/6/2015]
1.
Before
placing a Unit on a property, the property owner must submit an application
for the placement of a Unit on the applicant's property and receive
a permit from the Borough Code Enforcement Department.
2.
An application
for a permit shall, at minimum, include the name and address of the
applicant, identification number of the Unit, size, company providing
the Unit, telephone number of the company providing the Unit, expected
date of placement, and expected date of removal.
3.
There
shall be no fee for obtaining an initial permit. Any future changes
of this permit fee amount shall occur from time to time by Resolution
of Borough Council.
[Ord. 808, 4/6/2015]
1.
A Unit
shall be located at the applicant's address for a maximum of 30 days,
including the days of delivery and removal.
2.
At the
expiration of the thirty-day period, the applicant may request to
extend their permit for not more than two additional thirty-day periods
by requesting an extension for cause from the Borough Code Enforcement
Officer. A fee of $15 shall be charged for each requested thirty-day
permit extension, payable at the time of application for an extension.
Any future changes of this permit extension fee amount shall occur
from time to time by Resolution of Borough Council.
[Ord. 808, 4/6/2015]
1.
A Unit
shall be placed on the applicant's property and then only on a paved,
gravel or stoned driveway or parking area. With proper cause, this
requirement may be waived by the Code Enforcement Officer.
2.
The placement
of a Unit shall not be in a manner which constitutes a safety hazard
to persons or property.
3.
The placement
of a Unit shall not encroach into drainage areas/easements or landscaping
buffers, or the right-of-way, and shall not be placed so that so a
person lawfully using the sidewalk must detour into the street in
order to go around the Unit.
4.
The placement
of a Unit must be at least 20 feet away from any crosswalk and from
any intersection so that it does not block the view of any motorist
pulling onto a roadway.
[Ord. 808, 4/6/2015]
The Unit shall be conspicuously marked with the name, address,
and phone number of the applicant and a copy of the current effective
permit shall be visibly attached to the Unit.
[Ord. 808, 4/6/2015]
Only one Unit per property, which for the purposes of this Ordinance
shall include the street abutting the property, will be permitted
at any time.
[Ord. 808, 4/6/2015]
1.
During
all times the Unit is in place and in use, a tarpaulin or other suitable
weather resistant cover shall be placed over it in order to protect
the contents from being displaced and/or causing litter on public
or a private premises or creating dust, offensive odors, or other
health hazards.
2.
At all
times the Unit shall, when necessary, be provided with adequate restraints
to prevent inadvertent movement from its original location and protected
from high winds or severe weather conditions.
3.
There
shall be no defect or faulty design in the Unit which might create
a hazard to the general public, interfere with its operation, or inhibit
the purpose for which it is to be used.
4.
No overflow
of any material shall be permitted from the Unit, nor shall any accumulation
of any material next to the Unit be permitted.
[Ord. 808, 4/6/2015]
No Unit shall be used to store solid waste, recyclable materials,
business inventory, commercial goods for sale, or any illegal or hazardous
material. Upon reasonable notice, the Borough may inspect the contents
of any Unit at any reasonable time to ensure that it is not being
used to store such materials.
[Ord. 808, 4/6/2015]
1.
The applicant
shall assume all risk of damage, and the Borough shall not be liable
for any damage to the Unit when the Borough is plowing snow, performing
street cleaning, maintaining the street or other facilities, or performing
other public functions.
2.
The applicant
shall be liable to the Borough for any amounts paid or incurred by
the Borough consequent from claims, judgment, or settlements, and
for all reasonable investigation costs and attorneys fees, resulting
from the applicant's noncompliance with this Ordinance.
3.
The applicant
shall be responsible for all damages to Borough property which may
occur as a result of the placement or use of the Unit.
[Ord. 808, 4/6/2015]
Noncompliance with any of the requirements or provisions set
forth in this Ordinance or any material false statement or omission
made in connection with the application for a permit shall be grounds
for revocation by the Borough of the permit issued pursuant to this
Ordinance.
[Ord. 808, 4/6/2015]
Any person who violates or fails to comply with any provision
of this Ordinance shall, upon conviction, be sentenced to pay a fine
of not more than $50 per day for each day the violation or noncompliance
exists, plus costs for each such violation. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this Ordinance. Each provision of this Ordinance which is violated
shall be considered a separate violation of this Ordinance. Such fine
shall be in addition to any other fine which may be imposed under
the provisions of any other Ordinances of the Borough, Pennsylvania
law, or Federal law.
[Ord. 808, 4/6/2015]
The rights and remedies of the Borough as prescribed by this
Ordinance or otherwise by law with respect to the units, and the criminal
sanctions herein provided, shall be cumulative, and the pursuit of
one shall in no way preclude simultaneous or subsequent pursuit of
another.
[Ord. 808, 4/6/2015]
If any section, subsection, paragraph, sentence, clause, or
phrase of this Ordinance shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the Ordinance, which shall remain in full force and effect, and
for this purpose the provisions of this Ordinance are hereby declared
severable.
