As used in this article, the following terms
shall have the meanings indicated:
DUMPSTER
A metal storage bin commonly used for the temporary storage
of municipal waste, construction debris and other solid waste prior
to disposal.
PODS
A commercially marketed "portable on-demand storage" container
or similar device intended to store personal items at an off-site
location for short- or long-term storage or transportation from one
point to another.
ENFORCEMENT OFFICER
Any duly authorized law enforcement officer, any Code Enforcement
Officer of the Town of Elsmere and any full-time employee of the Town's
Special Services Department.
RIGHT-OF-WAY
Any strip of land located beginning at the end of the roadway
curbing closest to any structure, or the edge of a roadway if no curb
is present and running perpendicular to the curbing or road edge for
a distance of 10 feet, including any grass, sidewalk or driveway.
ROADWAY
The entire width between boundary lines of every way or place
of whatever nature open to the use of the public as a matter of right
for the purpose of vehicular travel, including any curb, but does
not include a road or driveway upon grounds owned by private persons,
colleges, universities or other institutions.
ROADWAY OBSTRUCTION
Any of the following items or any part thereof as well as
any likeness of these items:
C.
Basketball net, backboard, pole or other stand.
F.
Skateboard ramp, pole or other item designed
or used to test the skills of those using skateboards.
G.
Any item determined by an enforcement officer,
as defined by this article, to be a hazard or obstruction to the free
and unrestricted passage of the public.
H.
Any item designed or intended to be used or
potentially used to restrict or save a parking space(s).
The Special Services Department shall remove
or cause to be removed any item placed in violation of this article.
A. If the owner of an item which has been seized can
be determined, the notice of the seizure shall be sent to the owner
of the roadway obstruction via United States mail or personal delivery
to the owner's last known address.
B. The notice shall advise the owner that his/her property
has been seized in accordance with this article and is being stored
at the Special Services Department. The notice shall advise the owner
that he/she has 30 days to make arrangements to recover the property
at his/her expense and pay to the Town any reasonable cost incurred
by the Town in the seizing of the item.
C. The notice shall further advise the owner that if
the property is not claimed by the owner within thirty (30) days it
will be disposed of.
D. After the expiration of 30 days from the date on which
the notification letter was mailed to the owner, the property shall
be disposed of in any manner the Town Manager deems appropriate.
E. Should the Town be unable to determine the owner of
a roadway obstruction which has been seized, the item shall be maintained
by the Special Services Department for 30 days. After the expiration
of 30 days from the date in which the item was seized, the property
shall be disposed of in any manner the Town Manager deems appropriate.