[Adopted 12-8-2005 by Ord. No. 457]
As used in this article, the following terms
shall have the meanings indicated:
A metal storage bin commonly used for the temporary storage
of municipal waste, construction debris and other solid waste prior
to disposal.
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.
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.
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.
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.
Any of the following items or any part thereof as well as
any likeness of these items:
Unofficial sign(s).
Unofficial pole(s).
Basketball net, backboard, pole or other stand.
Hockey net(s).
Soccer net(s).
Skateboard ramp, pole or other item designed
or used to test the skills of those using skateboards.
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.
Any item designed or intended to be used or
potentially used to restrict or save a parking space(s).
A.
It shall be unlawful for any person(s) to place or
construct any roadway obstruction as defined by this article into
or upon any roadway or right-of-way as defined by this article.
B.
It shall be unlawful for anyone age 18 or older and
who is the parent or legal guardian of any person under the age of
18 to knowingly allow or permit their child or a child to whom they
are the legal guardian to place or construct any roadway obstruction
as defined by this article into or upon any roadway or right-of-way
as defined by this article.
C.
It shall be unlawful for any person(s) to place into
any roadway or right-of-way any item designed or intended to be used,
or potentially used to restrict or save a parking spaces(s), except
those which have been authorized by the Elsmere Bureau of Police or
which has been placed for official purposes by the Special Services
Department of the Town of Elsmere.
D.
It shall be unlawful for any person(s) to place into
any roadway or right-of-way any dumpster or PODS, unless the person(s)
has first obtained a permit allowing the placement of these items
issued by the Code Enforcement Department of the Town of Elsmere.
E.
It shall be unlawful for any person(s), corporation or other business who or which sells, leases or rents dumpsters, PODS or similar devices to place such a device in or upon any roadway right-of-way at any location located within the corporate limits of the Town of Elsmere without first obtaining proof that a permit has been issued for the placement of the device. Failing to do so shall subject the person(s), corporation or other business to the same penalties as described in § 192-10 of this article.
A.
This article shall be enforced by 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.
B.
First offense.
(1)
Any enforcement officer observing a violation of this
article who is able to reasonably identify the owner or responsible
party shall order the responsible party or owner of the roadway obstruction
to cease and desist such activity immediately. Additionally, the enforcement
officer shall order that the roadway obstruction be removed from the
roadway or right-of-way immediately.
(2)
The enforcement officer shall then issue the responsible
party or owner of the roadway obstruction a written warning. If such
responsible party is a juvenile, a copy of the written warning shall
be delivered or mailed to the juvenile's parents or lawful guardians,
at their last known address.
(3)
Should the responsible party or owner of the roadway obstruction refuse to immediately remove the roadway obstruction or the enforcement officer observing a violation be unable to reasonably identify the owner or responsible party, the item shall be seized in accordance with § 192-8 of this article.
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.
A.
Any person may apply to the Code Enforcement Officer
for a permit for the temporary placement of a dumpster or PODS in
upon any roadway or right-of-way.
B.
A permit may only be issued by the Code Enforcement
Officer if he/she determines:
(1)
That it is impossible or impractical to place the
dumpster or PODS in a position which is totally on the property of
the applicant.
(2)
That the placing of the dumpster or PODS will not
create a traffic or pedestrian hazard.
(3)
The person requesting the permit will install adequate
warning devices if they are determined to be appropriate.
(4)
The placement of the dumpster or PODS will not create
an undue hardship for other residents in the area.
C.
The length of time for which the permit is valid shall
be determined by the Code Enforcement Officer and shall not exceed
the absolute minimum amount of time needed to accomplish the desired
task. Only in the case of an emergency shall any permit be valid for
a period of time exceeding seven days.
D.
The fee associated with a permit shall be $25 per
day.
E.
The Town Manager may waive any fee associated with
a permit.
F.
Any permit issued may be revoked and the dumpster
or PODS ordered to be removed immediately if the Code Enforcement
Officer determines that the site is not being maintained in a clean
and safe manner.
G.
While a permit will not be required for a portable-on-demand storage
device (PODS) to be placed on private property, no such device shall
remain on private property for a period of time which exceeds 30 days.
If the Code Enforcement Officer determines that an emergency or hardship
exists, the Code Enforcement Officer may extend the period of time.
[Added 4-11-2013 by Ord. No. 564]
H.
While a permit will not be required for a dumpster to be placed on
private property, no such dumpster shall remain on private property
for a period of time which exceeds 30 days. In any such case, dumpsters
which are full must be emptied or removed within 48 hours of becoming
full or such work requiring said dumpster has been completed. If the
Code Enforcement Officer determines that an emergency or hardship
exists, the Code Enforcement Officer may extend the period of time.
(1)
Any dumpster, whether in a public right-of-way pursuant to a permit
or on private property, may be ordered to be removed by the Code Enforcement
Officer if the officer determines that the dumpster is;
(a)
Creating a public nuisance due to offensive smell.
(b)
Is leaking any liquid from inside the dumpster to outside the
dumpster.
(c)
Contains trash or other municipal solid waste.
(d)
Is overflowing.
(e)
Is unsecured.
(f)
Is attracting rats and other rodents.
(g)
Is being used by those other than the person who rented the
dumpster to perform illegal dumping.
(2)
Any dumpster ordered to be removed by the Code Officer must be removed
within 48 hours of the time which the Code Officer ordered the removal.
(3)
Should the dumpster not be removed within 48 hours, both the person
who rented the dumpster and the owner of the dumpster shall pay a
fine of $50 per day until such time as the dumpster is removed.
A.
Any person having previously been issued a written warning under § 192-7B(2) of this article who is observed violating this article a second or subsequent time shall, upon conviction, forfeit and pay a fine of not less than $50 nor more than $100 plus court costs and Victim's Compensation Fund and other assessment if applicable.
B.
If such person is a juvenile, a copy of the charges
shall be delivered or mailed to such juvenile's parents or lawful
guardians at the parent's or guardian's last known address.
C.
The parents or legal guardian of a juvenile under
the age of 18 shall be responsible for the payment of any fine which
may be imposed for a violation of this article.
D.
Any person age 18 or older and who is the parent or legal guardian of any person under the age of 18 and who violates § 192-6B of this article shall be fined not less than $50 nor more than $100 for a first offense, and not less than $100 nor more than $500 for a second or subsequent offense, plus court costs as well as any Victim's Compensation Fund and other applicable assessments.
E.
Any person violating § 192-9 of this article shall be fined not less than $100 nor more than $500 for a first offense, and not less than $500 nor more than $1,000 for a second or subsequent offense, plus court costs as well as any Victim's Compensation Fund and other applicable assessments.
F.
Any person(s), corporation or other business who or which sells, leases or rents dumpsters or PODS devices who or which fails to obtain proof that a permit has been issued for the placement of the dumpster prior to placing the dumpster or PODS or who fails to follow an order by the Code Enforcement Officer to immediately remove a dumpster or PODS shall be subject to the same penalties as described in Subsection E of this section.