[Ord. No. 1-2023, 1/3/2023]
As used in this Part 3, certain terms are defined as follows:
CARTWAY
That portion of the public right-of-way that is dedicated to vehicular traffic
CURBLINE
The line in the right-of-way, constructed or proposed, that separates the portion of the right-of-way dedicated to vehicular traffic from that dedicated to pedestrian traffic.
DUMPSTER
Any container used for the purpose of temporarily holding debris, trash, junk, or any other item of personal property intended for waste removal, including building rubbish and building construction or reconstruction rubbish, stones, street refuse, industrial refuse, dead animals, dilapidated large machinery and/or appliances, home furnishings or other such waste materials as are not commonly produced in homes, stores and institutions, or which cannot be enclosed within an approved refuse receptacle or container. Debris shall not include materials that are recyclable and have been separated and properly stored for recycling purposes in an approved receptacle or container.
LESSOR
One who rents dumpsters to another (that is, a licensed commercial waste hauler).
OBSTRUCTION
Any structure or other object whatsoever that in any manner impedes, obstructs or otherwise limits or prevents the full and unrestricted use whatsoever by the public on any right-of-way.
OWNER/LESSEE
A property owner or agent thereof who owns or leases a dumpster as defined herein.
PASSABLE
Free of any impediment or obstruction, whatsoever, that would hinder the travel of the public.
PERSON
An individual, firm, partnership, association, corporation or similar entity. For the purposes of this Part 3, this definition includes the dumpster owner and the dumpster lessee.
PUBLIC RIGHT-OF-WAY
The area between property lines (for purposes of this Part 3) set aside for public use or ownership as a street, road, alley, crosswalk, easement or other similar facility.
SIDEWALK
That portion of the sidewalk area for which paving is required under the Codified Ordinances of the Township of Jackson.
SIDEWALK AREA
That portion of the right-of-way occurring between the curbline and the property line (for the purpose of this Part 3).
STREET PROPERTY LINE
The line is that coincident to and identical with the line marking the extremity of the Township's right-of-way.
TEMPORARY DUMPSTER
Any dumpster not permanently affixed, intended to be used for a specified period of time for the purpose of construction, demolition or rehabilitation or other waste-generating activity.
[Ord. No. 1-2023, 1/3/2023]
This Part 3 shall be enforced under the jurisdiction and auspices of the Township of Jackson Road Foreman and crew.
[Ord. No. 1-2023, 1/3/2023]
1. 
All standards established in this Part 3 are to be interpreted as the minimum standards required. Nothing herein shall be construed to prohibit or prevent the use of higher standards. In interpreting and applying the provisions of this Part 3, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
2. 
When in the administration of this Part 3 the Pennsylvania Motor Vehicle Code, Township of Jackson Code of Ordinances and the Zoning Code impose greater restrictions than this Part 3, the stricter law shall take precedent.
[Ord. No. 1-2023, 1/3/2023]
1. 
Dumpsters shall be allowed to be erected or placed on a public right-of-way when no reasonable alternative trash storage method is available. A path that is 1/2 of the width of the sidewalk and/or sidewalk area shall be kept clear for pedestrian travel. Property owners or dumpster lessees shall be responsible for the debris in and around the dumpster and shall maintain sanitary conditions as required by Township ordinances and state law. All dumpster units shall be well painted, leakproof and in good repair and clean and free of offensive odors. The dumpster lessor shall place and maintain on the outside of each dumpster, in legible letters not less than one inch in height, its name or company logo, telephone number and current Greater Lebanon Refuse Authority hauler permit number. Each dumpster shall be fully covered at all times by a clean, leakproof, proper fitting and functioning cover. A property owner leasing a dumpster may only use an approved hauler that is licensed by the Greater Lebanon Refuse Authority. If the dumpster is owned by the property owner, it shall be maintained by the owner and trash within it shall be dumped in a licensed landfill.
2. 
No person shall put, place, maintain, erect, or cause or allow to be put, placed, maintained or erected any dumpster in the public right-of-way, except as hereinafter allowed and provided for; provided, however, that no such dumpster shall violate any other section of the Codified Ordinances of the Township of Jackson unless specifically exempted herein:
A. 
Dumpsters incidental to construction, rehabilitation or demolition work, provided that a hold harmless agreement is executed and that adequate proof of liability insurance is established, and provided that their location is approved by the Road Foreman or his designated representative.
3. 
No person shall put, place, maintain, erect or cause or allow to be put, placed, maintained or erected any dumpster in excess of eight feet wide in any cartway. Dumpsters placed in the cartway shall have blinking night lights installed in the direction traffic is flowing.
[Ord. No. 1-2023, 1/3/2023]
1. 
Permits shall be required for each dumpster in any public right-of-way in the Township. The owner/lessee shall provide to the Township of Jackson, upon request, a copy of the lease agreement, if applicable, and the agreement with the hauler with schedule of pickup.
2. 
In the event the Township of Jackson incurs costs described herein, an accounting of such expenses shall be billed by the Township of Jackson to the owner/lessee and shall be due and payable. This shall have no effect on other action the Township of Jackson may take, such as issuing citations for noncompliance.
3. 
The dumpster owner/lessee or an agent thereof may apply to the Township of Jackson Department of Public Works for the permit. The permit shall be displayed on the premises in a conspicuous location.
4. 
The Township, with approval of the Road Foreman or his/her designated representative, shall issue a permit for a period of time not to exceed 30 calendar days. Permits may be renewed for thirty-day increments at the sole discretion of the Township and Road Foreman or his/her designated representative if, in his/her opinion, the work has not been completed or abandoned or if it is deemed to be in the best interest of the public. The cost of the permit shall be set by resolution of the Township Board of Supervisors. A permit fee must be paid for each thirty-day renewal.
[Ord. No. 1-2023, 1/3/2023]
Any person who has placed, places, or causes to be placed any dumpster in the public right-of-way without obtaining the proper permit authorized by this Part 3 shall immediately remove such dumpster and shall be subject to penalties as prescribed by this Part 3. The failure of the trash hauler to remove the dumpster, upon notice by lessee or by the Township of Jackson to do so, shall be a violation of this Part 3 and subject to penalties herein.
[Ord. No. 1-2023, 1/3/2023]
Prior to the issuance by the Township of any permit or other authority to erect a dumpster in the public right-of-way in conformity with this Part 3, the lessor and/or owner shall execute a hold harmless agreement in such form as the Township shall provide, guaranteeing to defend, protect and compensate the Township of Jackson as a result of any cause of action which may be brought or perfected against the Township of Jackson in connection herewith. The lessor and/or owner shall provide the Road Foreman with a certificate of insurance acceptance for the insurance consultant covering such lessor and/or owner for bodily injury and property damage through comprehensive general liability insurance on an occurrence basis with a combined single limit of no less than $500,000 and naming the Township of Jackson as an additional insured. Said certificate shall be for continuous coverage unless canceled by the insurance company, at which time the Road Foreman shall be notified, in writing, by such insurance company.
[Ord. No. 1-2023, 1/3/2023]
If any section, paragraph, regulation, rule, sentence, clause or phrase of this Part 3 is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this Part 3. The Board of Supervisors hereby declares that it would have passed this Part 3, and each section, paragraph, regulation, rule, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, regulations, rules, sentences, clauses or phrases be declared invalid.
[Ord. No. 1-2023, 1/3/2023]
Whoever violates any provision of this Part 3 shall, upon conviction thereof, in a summary proceeding, be fined not less than $100 and not more than $600 for each and every offense, to be collected as other fines and costs are by law collectible, and, in default of payment thereof, shall be imprisoned for not more than 30 days. Each day during which any person violates any provision of this Part 3 shall constitute a separate offense. Any person so penalized shall be responsible for all costs of prosecution, including reasonable attorney fees.
[Ord. No. 1-2023, 1/3/2023]
Any Township ordinance inconsistent with the provisions of this Part 3 shall be hereby deemed to be repealed. Other than as specifically repealed hereby, all other ordinances of the Township shall remain in full force and effect.