[Ord. No. 837, 10/9/2018]
This Part shall be known and may be cited as the "Regulation
of Dumpsters and Similar Containers in the Borough of Beaver Ordinance."
[Ord. No. 837, 10/9/2018]
The following definitions shall apply in the interpretation,
administration, and enforcement of this Part:
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
solid waste materials.
All table, refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetables and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Any garbage, refuse or a combination thereof, as defined
in Act 97, which, because of its quantity, concentration, or its physical,
chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The Borough of Beaver, Beaver County, Pennsylvania.
A permit issued by the Borough authorizing the temporary
placement of a dumpster, portable storage facility or container in
or upon a public street or public grounds.
A person or legal entity that obtains or is required to obtain
a permit under this Part.
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
The Beaver Borough Police Department, Beaver, Pennsylvania.
A portable device or container of 20 cubic yards or more
in size and intended for the storage of personal property. This does
not include recreational or work-related trailers.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Pennsylvania
Solid Waste Management Act of 1980 (see 35 P.S. § 6018.101
et seq.) and which the county, the Beaver County Solid Waste Authority
or any contractor, by its ordinance or regulations, is willing to
accept at the plant; but excluding any liquid waste or sludge, all
wastes which are defined by existing or future federal or state law
or regulations as hazardous waste or industrial residual waste, any
waste which may be marketable and which is intentionally segregated
for purposes of recycling and materials specifically excluded under
applicable county ordinances.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare located within the Borough.
Any item placed in a street for a period in excess of 48
consecutive hours that is not a motor vehicle as defined by the Pennsylvania
Vehicle Code[1] or a dumpster, including, but not limited to, containers
commonly known as "portable storage devices," stones, mulch and yard
waste.
Beaver Borough Zoning Officer or designee
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Ord. No. 837, 10/9/2018]
1.
No person, other than agents or employees of the Borough, shall place,
maintain or use a dumpster or street storage anywhere on their property
or on public thoroughfares or Borough streets without first having
obtained a permit from the Borough by filing an application with the
Zoning Officer in a form to be hereafter prescribed. The application
fee for obtaining such a permit shall be established by Borough Council
by this Part as attached in the application form hereto[1] and shall from time to time by resolution change if Council
deems appropriate. If the dumpster or street storage is or will be
located on the street or within the cartway, the placement of the
dumpster or street storage must be approved by the Zoning Officer
or his/her designee.
A.
The permit application is considered complete when all required information
is provided on the permit application and any applicable fee is paid.
B.
The permit must be issued prior to the placement of the dumpster
or street storage by the applicant.
C.
All permits issued under this Part shall be valid for a period of
time for a maximum of four weeks from the date of placement of the
dumpster or street storage, as stated in the application. Applicant
must notify the Zoning Officer of delivery of dumpster or street storage.
If it becomes necessary to amend the date of placement of the dumpster
or street storage, the applicant shall notify the Borough authorities.
D.
Upon expiration of permit, the permittee may apply for one extension
which may be granted if the enforcement official deems the extension
necessary and reasonable. The applicant must apply for an extension
at least five business days before the expiration of the original
permit. Any extension request for permit, if granted, shall be limited
to an increment of no more than a two-week period.
E.
Permits issued pursuant to this section shall be nontransferable.
Permits may be used only by the permittee to whom originally issued
for the dumpster or street storage at the location for which originally
issued as stated on the permit application.
[1]
Editor's Note: Said application form is on file in the
Borough offices.
[Ord. No. 837, 10/9/2018]
1.
No dumpster or street storage device shall be placed on any portion
of a public pedestrian sidewalk or walkway in the Borough.
2.
The placement of a dumpster or street storage upon a street shall
not extend into the travel lane of traffic, and shall only be done
with the approval of the Zoning Officer.
3.
A dumpster or street storage placed upon a street shall be illuminated
with a warning light, light reflector or a reflectorized material
on the front and rear surfaces in such a manner to indicate the height
and width of it, and shall be visible for a distance of not less than
300 feet between the hours of sunset and sunrise.
4.
The location and utilization of a dumpster or street storage upon
a street shall not be in a manner which constitutes a safety hazard
to persons or property.
5.
The location and utilization of a dumpster or street storage upon
a street shall be in compliance with all federal, state and local
laws, rules and regulations applicable thereto, including but not
limited to any highway occupancy or other permit required by the Pennsylvania
Department of Transportation, in addition to the requirements of this
Part.
6.
The dumpster or street storage shall be kept at least 20 feet away
from any crosswalk and from any intersection and must be placed so
it does not block the view of any motorist pulling into a roadway.
7.
The dumpster or street storage shall be conspicuously marked with
the name, address and telephone number of its owner and a copy of
the current effective permit shall be visibly attached to it.
8.
In all instances the container shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from the
original location. The need for restraints shall be determined by
Borough officials at the time the permit is issued.
9.
At all times, including those times when work is not being performed
at the dumpster, the dumpster and its refuse contents must be maintained
in a manner to assure that the contents of the dumpster may not be
invaded or removed by animals, vermin, vandals, scavengers or trespassers
and in a manner to assure further that persons occupying residences
or other buildings or structures contiguous to, or adjacent to, the
dumpster location will not be annoyed by noxious odors, noise, airborne
pollutants or other elements or characteristics of the dumpster.
10.
When a dumpster is filled to capacity, it must be removed from the
Borough street within 24 hours of that occurrence. The dumpster shall
be deemed to be filled to capacity when its contents extend above
the top edge of any wall of the dumpster or beyond the edges of any
door, hatch or other opening in the roof of any wall of the dumpster.
No overflow of any material shall be permitted from the dumpster or
street storage, nor shall any accumulation of any material next to
the dumpster or street storage be permitted.
11.
Hazardous waste and garbage shall not be stored in a dumpster or
street storage.
12.
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough, promising to indemnify, save harmless and defend the
Borough, its officials, agents, servants and employees and each of
them, against and hold it and them 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 to any person 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 a dumpster or street storage on any
street.
13.
Only one dumpster or street storage per property will be permitted
on any street in the Borough.
14.
If a chute or similar device or object is to be used with a dumpster,
it must be deemed structurally sound by the Borough.
15.
The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage to the dumpster when the Borough is plowing
snow, maintaining the street or other facilities within the street
or performing other public functions. Should a snow emergency be declared
by the Borough, permittee shall immediately have the dumpster removed
from the street.
16.
The permittee shall be responsible for all damages to Borough property
which may occur as a result of the placement or use of the dumpster
or street storage. If the permittee does not promptly repair any damage
after notice to do so from the Borough, the Borough may repair such
damage and recover the cost from the permittee.
17.
After the dumpster or street storage has been removed, the permittee
placing the dumpster or causing its placement in the Borough shall
clean and restore the dumpster location to the fullest extent reasonably
possible to the condition of that location and its surrounding area
as exists prior to placement of the dumpster. If the location area
is not cleaned and restored within 24 hours of removal of the dumpster,
then Borough officials shall cause the area to be cleaned and restored
and shall recover the total costs of such cleaning and restoration,
plus a 10% surcharge on the total amount, from the permittee.
[Ord. No. 837, 10/9/2018]
1.
Without limitation as to the utilization of any other legal or equitable
remedy or action available to the Borough, civil or criminal, noncompliance
with any of the requirements or provisions set forth in this Part
or any material false statement or omission made in connection with
the application for a permit shall be grounds for revocation by the
Zoning Officer, the Borough Chief of Police, or their designee of
the permit issued.
2.
The Borough reserves the right to revoke any permit issued for a
dumpster or street storage if any conditions of approval are not met
or maintained by the permittee. Upon notice of revocation, the permittee
shall remove the dumpster or street storage within 24 hours of notice
unless the Zoning Officer, the Borough Chief of Police, or their designee
determines that, because of health and safety concerns, immediate
removal of the offending dumpster or street storage is required which,
in that case, the permittee shall immediately remove the dumpster
or street storage.
[Ord. No. 837, 10/9/2018]
All dumpsters or street storage placed within the Borough without
a permit or upon expiration of a permit shall be removed immediately
upon notice issued by the Borough. The Borough may at the expense
of the owner or lessee of the property or the permittee remove or
cause the removal of a dumpster or street storage.
[Ord. No. 837, 10/9/2018]
Any person who or which violates or fails to comply with any
provision of this Part shall, upon conviction, be sentenced to pay
a fine of not less than $300 and not more than $1,000, plus costs
for each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this Part. Each
provision of this Part which is violated shall be considered a separate
violation. 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. In default of payment of
any fine, such person shall be imprisoned for not more than 30 days.
[Ord. No. 837, 10/9/2018]
In addition to or in lieu of the penalties provided in § 9-107 hereof, any violations of the provisions of this Part may be abated or enforced by proceedings seeking equitable relief against the violator.
[Ord. No. 837, 10/9/2018]
If any provision of this Part shall be determined to be unlawful,
invalid, void or unenforceable, then that provision shall be considered
severable from the remaining provisions which shall continue in full
force and effect.
[Ord. No. 837, 10/9/2018]
Any ordinance or part of ordinance conflicting with such provisions
of this Part is hereby repealed to the extent of such conflict.
[Ord. No. 837, 10/9/2018]
This Part shall be in full force and effect immediately upon
and after its final passage.
