[Added 10-27-2014 by Ord. No. 1436-2014[1]]
Whereas leaking, filthy, and poorly maintained dumpsters attract rats and other vermin, and spilled and overflowing garbage and refuse as well as rats and other vermin attracted thereby pose a hazard to the health, safety, and well-being of the residents of, and visitors to, the City of Coatesville (the "City"), the City, pursuant to authority vested under its Home Rule Charter, the Third Class City Code codified at 53 P.S. § 37403(6) [and neither preempted by the Municipal Waste Planning, Recycling, and Waste Reduction Act (Act 101) at 53 P.S. § 4000.101 et seq., nor the Solid Waste Management Act at 35 P.S. § 6018.101 et seq.] the City hereby regulates dumpsters within the City boundaries as more specifically set forth in this Article IV.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 190-24 as § 190-24.1.
The placement of bulk containers (dumpsters) and/or construction containers upon any private property, sidewalk, street or highway within the City of Coatesville by persons other than agents or employees of the City is hereby prohibited unless:
A. 
The dumpster and/or construction container must be properly illuminated by a least one reflector on each side, such reflector to be at least six inches in diameter so as to be visible at night.
B. 
There must not be any defect or faulty design in the dumpster or container which would create a hazard to the general public.
C. 
The placement of the dumpster and/or construction container 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.
D. 
No overflow of ashes, rubbish or other refuse from the dumpster or container or accumulation of ashes, rubbish or other refuse next to a dumpster or container is permitted.
E. 
The dumpster and/or container must be conspicuously marked with the name and address of its owner.
F. 
The use of the dumpster or container must be used so as not to create offensive odors or a health hazard.
G. 
A permit for the placement of a dumpster and/or container must be secured from the City for the placement on any street, highway, sidewalk or public open space. Prior to placement, notification must be made to all departments of emergency services in the City of Coatesville.
H. 
The dumpster placed on private property must be a minimum of 15 feet from any structure where distance allows such placement. All locations that do not have the available distance shall be determined by the Codes Department.
[Added 7-10-2000 by Ord. No. 1133-2000; amended 7-10-2000 by Ord. No. 1134-2000]
A. 
The fee payable for a permit pursuant to this Part 2 shall be for each bulk container (dumpster) or construction container as per fee so designated under Chapter 108 of the City Code.
B. 
No permit shall be granted for a term longer than seven days. A permit may be renewed for every additional seven-day period.
C. 
Upon the expiration of the permit, the permit holder shall remove or cause to be removed the dumpster and/or construction container from the street, highway, sidewalk or public right-of-way.
D. 
The City Code Official or SWEEP Officer shall patrol the City routinely and shall inspect all dumpsters to confirm compliance with the standards set forth in § 190-24.1A through H as part of his official duties.
[Added 10-27-2014 by Ord. No. 1436-2014]
E. 
In the opinion of the Code Official or SWEEP Officer, when a dumpster is overflowing, causing an unsanitary condition, or has violated any provision under § 190-24.1, it may be ordered removed by the Code Official or SWEEP Officer, with any and all costs associated with such action levied on the property owner.
[Added 2-12-2001 by Ord. No. 1155-2001; amended 8-22-2011 by Ord. No. 1358-2011; 10-27-2014 by Ord. No. 1436-2014]
Any permit granted pursuant to this Part 2 may be revoked by the Codes Department if:
A. 
The permit holder has made a false statement in his application.
B. 
The permit holder fails to conform to the provisions of this chapter.
[Amended 2-12-2001 by Ord. No. 1155-2001]
No person shall cause or permit the placing of any materials, structures, shrubs, fences or bulk containers (dumpsters) within 15 feet of a fire hydrant. No person shall cause or permit the placement of any dumpster within 15 feet of any building or structure.
A. 
Any person, partnership or corporation violating any provision of this Part 2 shall, upon conviction in summary proceedings, be sentenced to pay a fine of not less than $300 nor more than $1,000 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.
B. 
Alternative citation process.
[Added 10-28-2013 by Ord. No. 1418-2013]
(1) 
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $25 to be paid within 10 days.
(2) 
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $50 to be paid after 10 days but within 20 days.
(3) 
Any violation of the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $75 to be paid after 20 days, but before citation.
(4) 
Failure to respond by the payment of the fines as aforesaid shall, after 28 days, result in the issuance of a citation to the defendant. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure, and upon conviction for the offense, the defendant shall be ordered to pay the maximum fine prescribed by law, together with the costs of prosecution, and/or to be incarcerated in the county prison for not more than five days.