[Adopted 3-2-1982 as Ch. XX, Part 1, of the 1982 Code of Ordinances; amended 2-4-1997 by Ord. No. 1091; 3-28-2016 by Ord. No. 1249]
Editor's Note: This ordinance also changed the title of this Art. I from "Dumpsters and Refuse Recyclables" to its current title.
As used in this article, the following terms shall have the meanings indicated:
- The Borough of Brentwood, County of Allegheny, Commonwealth of Pennsylvania.
- CODE DEPARTMENT
- A building inspector, code enforcement officer, or any other employee of the Borough charged with enforcing building and property maintenance codes.
- Any metal or plastic container, roll-off box, trailer, plastic or woven bag, or receptacle of any kind with a capacity greater than 96 gallons that is used for the storage of refuse.
- A natural person, partnership, corporation, association, institution, cooperative enterprise, trust, or other entity classified as a person under Pennsylvania law.
- PORTABLE STORAGE CONTAINER
- Any boxlike transportable container with dimensions greater than three feet in length by three feet in width by three feet in height designed for the temporary storage of building materials, household goods, and personal property.
- A section of a recorded public right-of-way designed for vehicular access.
No person shall place any dumpster or portable storage container on any street within the Borough until said person has obtained a permit from the Code Department. No permit shall be issued for the placement of a dumpster or portable storage container on any street owned and maintained by the County of Allegheny or Commonwealth of Pennsylvania unless written approval is received from the same.
The person applying for said permit shall complete a written application form that lists the type and capacity of the dumpster or portable storage container, the name and phone number of the vendor, the location at which the dumpster or portable storage container will be placed, the length of time that the dumpster or portable storage container shall remain in said location, and the telephone number of a person available 24 hours per day to receive communication from the Borough related to placement as described hereto. The fee for said permit shall be established by resolution of Brentwood Borough Council.
If a dumpster or portable storage container is to be located in a parking space controlled by a parking meter, then the person making application shall be charged a service fee, which shall be equal to the fee for storage of a motor vehicle in said space for the duration of the permit. The fee for parking in a metered space shall be established by resolution of Brentwood Borough Council.
Any permit issued by the Code Department shall authorize the placement of one dumpster or portable storage container on a street. At no time shall there be more than one active permit for any individual parcel.
No dumpster or portable storage container, whether placed on a street or private property, shall remain in such location in excess of 10 days. The interruption of use, whether by temporary removal from such location or by replacement with a similar dumpster or portable storage container, shall not extend the authorized ten-day placement period.
No dumpster or portable storage container with a width in excess of six feet may be placed on any street having a width of 25 feet or less. No dumpster or portable storage container with a width in excess of eight feet may be placed on any street.
No dumpster or portable storage container may be placed in any location in which motor vehicle parking is prohibited.
Except as prohibited under § 174-3D, any dumpster or portable storage container placed on the street shall be located on the same side of the street as the property from which the materials to be placed in said dumpster or portable storage container are generated.
At no time shall more than one dumpster or portable storage container be placed on a single block of any street, unless parking is permitted on both sides of said street, in such case a maximum of two dumpsters or portable storage containers may be placed in said block.
Any dumpster or portable storage container placed on the street shall be located at least 30 feet from any intersection or crosswalk.
Any dumpster or portable storage container placed on a street shall be positioned so that the side with the greatest length is parallel with said street. The dumpster or portable storage container shall be placed so that it is located no more than eight inches from the curb or limit of the street surface.
Any dumpster or portable storage container placed on a street shall be illuminated with reflective material on all four sides that shall be visible at a distance of not less than 300 feet between sunrise and sunset. A cone, barrel, barricade, or similar reflective traffic control device shall be placed both in front of and behind said dumpster or portable storage container.
The wheels or rollers of any dumpster or portable storage container located on the street shall be placed upon a wooden pad at least 3/4 of an inch in thickness.
No dumpster or portable storage container may be placed on any sidewalk, walkway, or any other section of a public or private right-of-way other than a street.
Any dumpster or portable storage container placed on private property must be located in an off-street parking stall.
Except during times in which the dumpster is actively being loaded, said dumpster shall be covered with a tarpaulin or other suitable all-weather covering.
When a dumpster is filled to capacity, it must be removed from the Borough within 24 hours of such occurrence. A 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 the dumpster.
If the responsible person receives notice from the Code Department that the dumpster is full or that the permit has expired, the dumpster or portable storage container shall be removed from the Borough within 24 hours of receipt of such notice.
Any dumpster or portable storage container must be maintained in a manner that persons occupying structures adjacent to said dumpster or portable storage container will not be subjected to noxious odors, noise, or airborne pollutants.
After the dumpster or portable storage container has been removed, the person placing the dumpster or portable storage container shall clean and restore the location to the fullest extent reasonably possible to the condition of that location as existed prior to placement of the dumpster or portable storage container.
If said location is not cleaned and restored within 24 hours of removal, then the Borough shall cause the area to be cleaned and restored and shall recover the cost of such cleaning and restoration, plus a ten-percent surcharge on the total amount, from the person placing the dumpster or portable storage container.
If the responsible person does not satisfy in full the cost of cleaning and restoration within 10 days of receipt of an invoice for the same, the Borough shall issue a notice of intent to assess counsel fees in the form of a municipal lien, and, if payment is not received pursuant to this notice, shall file a municipal lien upon the real property from which the materials placed in said dumpster or portable storage container were generated.
Any person who violates any provision of this article shall, upon conviction thereof before a District Justice or other court, be sentenced to pay a fine of not less than $500 and not more than $1,000, plus the costs of prosecution. Each day of continuing violation shall constitute a separate offense.