[Adopted 5-4-2004 by Ord. No. 779, approved 5-4-2004]
As used in this article, the following terms
shall have the meanings indicated:
An organization of persons.
An association of persons created by law and existing as
an entity with powers and liabilities independent of those of its
members.
A storage receptacle used to temporarily store debris or
garbage and which is then emptied of its contents or removed with
its contents.
The name under which a company transacts business, a business
partnership of two or more persons.
Two or more persons contractually associated as joint principals
in a business.
A human being; an individual of either sex.
A.
No dumpster shall be permitted upon a Borough street
when use of off-street parking or yard space is practicable as determined
by persons charged with enforcement of this article.
B.
The following requirements shall apply to any dumpster
placed upon any street in the Borough:
(1)
Reflectors shall be placed upon all four sides of
the dumpster, each side containing a minimum of four reflectors, to
make the dumpster visible at night.
(2)
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 road surface in the Borough.
(3)
The dumpsters shall not extend more than eight feet
into the street from the curb and shall be no longer than 20 feet
in length.
(4)
There must not be any defect or faulty design in the
dumpster or container which would create a hazard to the general public.
(5)
The placement of the dumpster shall not block the
flow of vehicular traffic or pedestrian traffic and shall not be loaded
in such a manner as to cause its contents to spill onto the street
or sidewalk areas.
(6)
Dumpsters must be conspicuously marked with the name,
address and phone number of its owner.
(7)
The use of the dumpster must not create offensive
odors or a health hazard.
(8)
A permit for the placement of a dumpster must be secured
from the Borough of Shippensburg.
(9)
Prior to placement, notification must be made to the
Fire Departments and the Police Department of the Borough of Shippensburg.
(10)
It shall be the responsibility of the permit holder
to contact the dumpster owner to have a filled dumpster emptied by
the lessee in a timely manner, that is within two business days of
notification.
(11)
Upon removal of the dumpster, the area where the dumpster
was located must be free of all debris, which shall include flushing
or washing the area, if necessary.
(12)
Damage to street, sidewalks or other public property,
caused by the placement of the dumpster, shall be repaired by the
dumpster owner within 10 days of removal.
(13)
All placement locations shall be approved by the enforcement
officer(s). Where parking spaces are marked on the street the dumpster
must be within the width and length of the marked space. In no circumstance
shall a dumpster utilize more than two parking spaces. If two spaces
are utilized the permit fee will double.
(14)
No person shall cause or permit the placement of a
dumpster within 15 feet of any fire hydrant or building or structure
or within 30 feet of any crosswalk and/or intersection.
Enforcement of this article shall be by the
Sanitation Foreman, Code Enforcement Officer, Chief of Police or the
Borough Manager.
A.
The cost and duration of each permit shall be established,
from time to time, by resolution of the Borough Council of the Borough
of Shippensburg.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
B.
A permit may be renewed for up to two additional thirty-day
periods, not to exceed a total of 90 days. The time frame may be extended
by approval of the Shippensburg Borough Council. A written request,
for Council's consideration, from the permit holder must be addressed
to Council, stating the reason for the time extension.
C.
Upon the expiration of the permit, the permit holder
shall remove or cause to be removed the dumpster from the street,
highway, sidewalks or public rights-of-way.
D.
In the opinion of the enforcement officer, when a dumpster is overflowing, causing a sanitary condition, or has violated any provision under Article IV of Chapter 99, it may be ordered removed by the enforcement officer, with any and all costs associated with such action levied on the permit holder.
Should the Borough declare a state of emergency,
the Borough reserves the right to contact the dumpster owner to have
the dumpster removed from the street, at the expense of the permit
holder.
Any person, partnership or corporation violating
any provisions of this article shall, upon conviction in summary proceedings,
be sentenced to pay a fine of not less than $300 nor more than $1,000
per offense and, in default of the payment of such fine, may be imprisoned
for a period of not more than 90 days. Each day of violation shall
be considered a separate and distinct offense.
