[Adopted 2-6-1995 as Ord. No. 1995-2]
This Article may be cited as "The Waste Dumpster
Ordinance of the Municipality of Kingston," hereinafter referred to
as the "Dumpster Ordinance".
The provisions of the Dumpster Ordinance and
rules and regulations of the office of building inspection interpreting
such provisions shall become effective as hereinafter specified.
The Dumpster Ordinance is hereby declared to
be remedial and shall be constructed to secure the beneficial interests
and purposes thereof, which are public safety, health and welfare,
by providing a system of specifications, regulations and licensing
to ensure that the location of waste dumpsters within a public right-of-way
does not impede or endanger the free flow of pedestrian or vehicular
traffic within the municipality; it is the intent and purpose to further
protect the health, safety and welfare of the general public of the
municipality.
A.
Interchangeability. Words used in the present tense
include the future; words used in the masculine gender include the
female and neuter; and the singular number includes the plural and
the plural the singular.
B.
Terms not defined. Where terms are not defined through
the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies.
C.
CARTWAY
CONSTRUCTION WASTE DUMPSTER
GARBAGE
NONCONSTRUCTION WASTE DUMPSTER
PERSON
PUBLIC RIGHT-OF-WAY
RUBBISH
SIDEWALK
SIDEWALK AREA
TREELAWN
TREELAWN AREA
Definitions. As used in this Article, the following
terms shall have the meaning indicated:
That portion of the right-of-way designated for vehicular
use. This shall include both opened and unopened streets.
A unit designed for the deposit of waste materials at building
construction, repair or demolition sites, commonly located on a temporary
basis on a public right-of-way abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carry vehicle.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
A unit designed for the deposit of all types of rubbish materials,
excluding garbage, generated at sites other than building construction,
repair or demolition.
Any individual, firm or partnership, association or corporation.
The width of a strip of land between property lines set aside
for public use or ownership as a street, alley, crosswalk, easement
or other facility.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
items.
That portion of the sidewalk area which is paved for pedestrian
use.
That area extending from the curbline to the property line
which is designated by the Municipal Engineer's office for pedestrian
use.
That portion of the treelawn area which is grass and/or tree
lined.
That area extending from the curbline to the sidewalk area
which is designated by the Municipal Engineer's office for grass and/or
trees.
Regulations applicable to the permit requirements
for the placement of construction or nonconstruction waste dumpsters
upon a public right-of-way are as follows:
A.
It shall be unlawful for any person to place upon,
cause to be placed upon or permit to remain upon a public right-of-way
a construction or nonconstruction waste dumpster without first filing
with the Code Enforcement Officer an application, in writing, and
obtaining a formal permit. The duration of such permit shall be stated
thereon, and the continued validity of such permit shall be contingent
upon full compliance with the regulations set forth in this Article.
B.
An application for a permit shall be filed with the
Office of Code Enforcement by the property owner or a licensed contractor
employed in their respective field by the property owner in connection
with the placement of a construction or nonconstruction waste dumpster.
An application must be signed by the property owner and, in the case
of a permit being issued to a licensed contractor employed by the
property owner, an application permit must also be signed by the contractor.
C.
All permits issued shall cover only the work set forth
in the permit application; however, in the event that it is necessary
to replace a construction or nonconstruction waste dumpster upon a
public right-of-way prior to the completion of said work, additional
permits shall not be required.
D.
The placement of only one dumpster per job site upon
a public right-of-way shall be permitted at any one time.
E.
No permits shall be issued by the Code Enforcement
Officer if, in his opinion, the location and placement of this construction
or nonconstruction waste dumpster will create a safety hazard to the
use of the sidewalk area, treelawn area or cartway by pedestrians
or vehicles.
F.
Upon the issuance of a construction or nonconstruction
dumpster permit by the Code Enforcement Officer, the permit must be
displayed in a conspicuous place in front of the premises plainly
visible to passersby and kept there for the duration of the permit.
The applicant is responsible for the maintenance of this permit and,
should it be destroyed or removed, must immediately obtain another
copy.
A fee of $15 shall be paid for each construction
or nonconstruction waste dumpster permit issued by the Code Enforcement
Officer.
A construction waste dumpster shall be permitted
to be placed upon a public right-of-way for a maximum period of 10
days during building construction, repair or demolition projects for
which a building permit was secured from the Office of Code Enforcement.
The Code Enforcement Officer for cause shown (i.e. such as inclement
weather conditions which prohibit or delay work or other valid reasons
of similar nature) shall have the discretion to approve a time extension
for a construction waste dumpster; however, under no circumstances
shall a construction waste dumpster be permitted to be placed upon
a public right-of-way exceeding 45 days. Also, in no event shall a
full waste dumpster be allowed to remain in the public right-of-way,
notwithstanding the time period specified above, for more than 72
hours.
A nonconstruction waste dumpster shall be permitted
to be placed upon a public right-of-way for a maximum of five consecutive
days. The Code Enforcement Officer for cause shown (i.e. such as inclement
weather conditions which prohibit or delay work or other valid reasons
of similar nature) shall have the discretion to approve a time extension
for a nonconstruction waste dumpster; however, under no circumstances
shall a nonconstruction waste dumpster be permitted to be placed upon
a public right-of-way exceeding 30 days. Also, in no event shall a
full nonconstruction waste dumpster be allowed to remain in the public
right-of-way, notwithstanding the time period specified above, for
more than 72 hours.
Regulations applicable to the placement of construction
or nonconstruction waste dumpsters upon a public right-of-way are
as follows:
A.
The placement of a construction or nonconstruction
waste dumpster upon a public right-of-way must be temporary in nature
and must be one that can be readily removed from the right-of-way.
B.
A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall not extend into a cartway, nor impede
or endanger the free flow of pedestrian or vehicular traffic.
C.
A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall not be placed within 20 feet of a
crosswalk at an intersection.
D.
A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall not be placed within 15 feet of a
fire hydrant.
E.
A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall bear the owner's name and telephone
number displayed in a conspicuous place plainly visible to passersby
and kept there for the duration of the permit.
F.
A construction or nonconstruction waste dumpster placed
upon a public right-of-way shall bear reflective markings in sufficient
positions and with sufficient reflective capacity to provide reasonable
warning to approaching nighttime traffic of its location, and a standard
barricade light shall be placed in operation on the dumpster side
nearest the travel lane of the public right-of-way from sunset to
sunrise.
G.
No public right-of-way shall be closed for the purpose
of location or utilization of a construction or nonconstruction waste
dumpster.
H.
The location and utilization of a construction or
nonconstruction waste dumpster upon a public right-of-way shall not
be such as to constitute a safety hazard to person or property.
I.
The placement of a construction or nonconstruction
waste dumpster shall not extend into the sidewalk area any more than
one-third (1/3) the width of the sidewalk area, but in no case more
than three feet.
J.
The placement of a construction or nonconstruction
waste dumpster shall not extend into the treelawn area unless approved
by the Code Enforcement Officer.
K.
Where a construction or nonconstruction waste dumpster
is placed upon a portion of public right-of-way within a parking meter
zone, authorization from the Kingston Police Department to bag the
meter or meters must be secured for all affected meters, at a fee
of $5 per day, Monday through Saturday, per meter.
L.
The location and utilization of a construction or
nonconstruction waste dumpster placed upon a public right-of-way shall
be in compliance with all other federal, state and local statutes,
rules and regulations applicable thereto.
A nonconstruction waste dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in § 103-31C of this Article.
A.
Every person engaged in the business of construction
and/or nonconstruction waste dumpsters shall before engaging in such
operation obtain a license therefor from the Office of Code Enforcement
after submission of the following documents:
(1)
A certificate of insurance, naming the Municipality
of Kingston as certificate holder, establishing that said hauling
contractor is currently covered by a reputable insurance company acceptable
to the Office of Code Enforcement and the Municipality of Kingston
covering said hauling contractor in the amount of not less than $300,000
being single limit or split limit for bodily injury and property damage.
Said certificate shall be for continuous coverage. In the event that
the insurance is canceled, the Office of Code Enforcement shall be
notified, in writing, within 30 working days by said insurance company;
(2)
A certificate of worker's compensation insurance,
naming the Municipality of Kingston as certificate holder. In the
event that a hauling contractor is not obligated to maintain worker's
compensation insurance, he shall be required to file a contractor
affidavit form with the Office of Code Enforcement, affirming under
oath that he is not obligated to maintain worker's compensation insurance;
(3)
Their federal or state employer identification number;
and
(4)
An indemnity agreement in a form acceptable by the
Municipal Solicitor, promising to indemnify, save harmless and defend
the Municipality of Kingston, its officials, agents, servants and
employees and each of them against, and hold it and them harmless
from, any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and reasonable attorney's fees, for
or on account of any injury, or any damage to any property, which
may arise or which may be alleged to have risen out of or in connection
with the placement or utilization of the waste dumpster in the public
right-of-way. A license shall not be transferable or assignable. Every
person licensed under this Article shall give immediate notice of
any change in his home or business address.
B.
Every person engaged in the business of construction
and/or nonconstruction waste dumpsters shall before engaging in such
occupation pay an annual license fee of $100. Said license shall be
valid from January 1 through December 31 of each year. The license
fee shall not be prorated.
C.
All construction and/or nonconstruction waste dumpster
hauling contractor licenses shall be issued solely by the Code Enforcement
Officer and shall be valid for one licensing year and renewed annually.
Prior to renewing a license, a hauling contractor must submit the
following documents to the Office of Code Enforcement:
(1)
A certificate of insurance, naming the Municipality
of Kingston as certificate holder, establishing that said hauling
contractor is currently covered by a reputable insurance company acceptable
to the Office of Building and the Municipality of Kingston covering
said hauling contractor in the amount of not less than $300,000 being
single limit or split limit for bodily injury and property damage.
Said certificate shall be for continuous coverage. In the event that
the insurance is canceled, the Office of Code Enforcement shall be
notified, in writing, within 30 working days by said insurance company;
(2)
A certificate of worker's compensation insurance,
naming the Municipality of Kingston as certificate holder. In the
event that a hauling contractor is not obligated to maintain worker's
compensation insurance, he shall be required to file a contractor
affidavit form with the Office of Code Enforcement, affirming under
oath that he is not obligated to maintain worker's compensation insurance;
and
(3)
Their federal or state employer identification number.
D.
In the event that a licensed construction and/or nonconstruction
waste dumpster hauling contractor fails to renew his license within
20 municipal business days after the date the license has expired,
the hauling contractor will be required to apply for a new license
in order to operate under this Article.
E.
Any construction and/or nonconstruction waste dumpster
hauling contractor's license issued to any person may be suspended
by the Code Enforcement Officer if, after a thorough and proper investigation,
it is determined that:
(1)
Said license was partially or wholly procured by or
through nondisclosure, misstatement or misrepresentation;
(2)
A previous imposed penalty shall not have met with
full compliance; or
(3)
The holder of said license has repeatedly and/or willfully
violated any of the provisions of this Article. "Repeated violation"
is hereby defined as a minimum of three separate offenses within a
period of five years under this Article for which the licensee or
offender has either pleaded guilty or has been found guilty by a District
Justice or other Court of competent jurisdiction.
(4)
The Code Enforcement Officer, prior to invoking a
suspension of a license, shall first cause to be served upon said
licensee, by certified or registered mail, a written notice of suspension
or revocation of license, as the case may be, setting forth in specific
terms and language the nature of the repeated violations, the times
thereof and places of occurrence.
(5)
On a first offense, a hauling contractor's license
shall be suspended for a period of one to three months. On a second
offense, a hauling contractor's license shall be suspended for a mandatory
six months. A third offense shall constitute an immediate revocation
of a hauling contractor's license.
(6)
Any person aggrieved by the suspension of such license may take an appeal to the Board of Appeals hereinafter defined within 10 municipal working days from the date notice of license suspension is mailed. The Board of Appeals shall convene a hearing as prescribed in § 103-41 of this Article.
(7)
If, during the time of suspension, a hauling contractor's license is eligible for renewal, said contractor will be exempt from meeting the license renewal provisions as defined in Subsection B above for the entire time period said license is suspended. Within 30 working days from the date the suspension is removed by the Code Enforcement Officer, the license renewal provisions as defined in Subsection C above shall apply. In the event that the hauling contractor fails to renew his license within 30 working days from the date the suspension was removed, the provisions outlined in subsection D shall apply.
F.
Revocation of license. Any construction and/or nonconstruction
waste dumpster hauling contractors license issued to any person may
be immediately revoked by the Code Enforcement Officer if, after a
thorough and proper investigation, it is determined that:
(1)
The holder of said license has willfully or negligently
damaged or caused to be damaged the municipality's public right-of-way.
(2)
The holder of said license has willfully or negligently
placed a construction waste dumpster in a public right-of-way which
has created a dangerous or unsafe condition which poses a threat to
the safety and welfare of pedestrian and/or vehicular traffic.
(3)
The holder of said license has repeatedly and/or willfully
ignored stop-work order(s) issued by the Code Enforcement Officer.
(4)
Any hauling contractor's license which has been revoked
by the Code Enforcement Officer shall not be reactivated.
G.
Use of license by another prohibited. No person licensed
under these provisions shall allow a permit to be issued in his or
its own name for use by a person not licensed as required herein to
place construction or nonconstruction waste dumpsters within the municipality's
public right-of-way, under penalty of forfeiture of his or its license.
A.
Whenever the placement of a construction or nonconstruction
waste dumpster shall have been declared a safety hazard to the use
of the sidewalk area, treelawn area or cartway by pedestrians or vehicles
by the Building Inspector or his designee, the Code Enforcement Officer
or his designee shall serve or cause to be served upon the owner or
other person who may have a vested or contingent interest in said
waste dumpster a written notice describing the unsafe or hazardous
condition and ordering that the same be made safe and secure or removed
within 48 hours after notice has been issued relative to the unsafe
or hazardous condition.
B.
If the person to whom such notice and order is addressed
cannot be found after diligent search, then such notice and order
shall be sent by registered mail to the last known address of such
person; and a copy of such notice shall be posted in a conspicuous
place on the construction or nonconstruction waste dumpster to which
it relates. Such mailing and posting shall be deemed adequate service.
C.
If the person served with a notice to make safe and
secure or remove the construction or nonconstruction waste dumpster
should fail, within the time frame specified by the Code Enforcement
Officer or his designee, to comply with the requirements thereof,
the Code Enforcement Officer or his designee, when authorized by the
Mayor, the Mayor's designee or Kingston Town Council, whichever is
deemed appropriate, may have said waste dumpster removed from the
public right-of-way. Any costs incurred shall be paid out of the Municipal
Treasury on certification by the Code Enforcement Officer or his designee.
D.
The Municipal Solicitor or other prosecuting authority
shall institute proper actions against the owner of the construction
or nonconstruction waste dumpster for the recovery of costs incurred
by the municipality in the performance of having said waste dumpster
removed from the public right-of-way.
E.
Any person aggrieved by the actions of the Code Enforcement Officer may take an appeal to the Board of Appeals within 10 municipal working days from the date notice to make safe and secure or remove the waste dumpster is mailed. The Board of Appeals shall convene a hearing as prescribed in § 103-41 of this Article.
A.
Any person who shall violate any of the provisions
of this Article shall after having been served written notice shall
be liable to a fine of not less than $300 for each offense, and not
more than $1,000 for each offense. Each day that said violation of
unsafe condition shall continue shall constitute a separate offense.
B.
The owner of a building, structure or premises where
the violation of this Article shall be placed or shall exist, and
the contractor employed in connection therewith and who may have assisted
in the commission of such violation, and the owner of the waste dumpster
who may have assisted in the commission of such violation, shall each
be guilty of a separate offense and, upon conviction thereof, shall
be liable to a fine of not less than $300 per each offense and not
more than $1,000 for each offense. Each day that said violation or
unsafe condition shall continue shall constitute a separate offense.
A.
There is hereby established an Appeals Hearing Board
to hear all appeals provided for under this Article. The Appeals Board
shall be comprised of one individual of the administrative branch
of the municipal government to be designated by the Mayor; one member
of the legislative branch; a Council member, to be designated by the
Town Council; one resident of the Municipality of Kingston, who is
not a member of the legislative or administrative branch of the municipal
government of Kingston. This person shall be appointed to serve by
the Mayor, with the approval of Council, for a term which will run
from January 1 through December 31 of each year.
B.
All appeals under this Article must be made in writing
to the Board of Appeals and directed to them, care of the Municipal
Secretary, addressed to the municipal building. Such appeals shall
be made in writing and received by the Board of Appeals as indicated
above no later than the 10th municipal business day from the date
the notice of license suspension or revocation is mailed. Said written
appeal must specify the decision that is being appealed and state
the reason or reasons thereof and specify any facts in support of
said appeal. This written appeal must be accompanied by a sworn affidavit.
Also, the appeal must be accompanied by a fee of $150, payable in
advance to the Municipality of Kingston for each appeal to be taken
to cover the costs of the notices of hearing, the hearing and, in
particular, the cost of a stenographic record of the hearing. This
fee shall be refundable to the appellant in such instances where the
Board of Appeals reverses the decision of the Code Enforcement Officer.
C.
The Board of Appeals shall schedule, within 30 days
after a notice of appeal has been filed as stated above, a hearing.
The appellant or his representative shall have the right to appear
and be heard. Any member of the Hearing Board shall have the authority
to administer oaths to any person who is to give testimony at any
hearing before the Board. A stenographic record of the hearing shall
be made by the Hearing Board. A written decision shall be made by
the Appeals Board within 20 municipal business days after the conclusion
of said hearing. The decision of the Appeals Board on such appeals
shall be in writing and contain findings of fact and conclusions of
law. Said decision shall be served on the appellant and the Code Enforcement
Officer. Service of said decision can be made by personally handing
a copy to the individuals or by regular mail, postage prepaid.
D.
Appeals from the Board can be taken within 30 days
of the date of the decision of the Board to the Court of Common Pleas
of Luzerne County. Said appeal to the Court of Common Pleas will be
limited to the Court reviewing the record made at the hearing given
by the Appeals Board, and the scope of review shall be limited to
whether or not the Appeals Board abused its discretion in rendering
its decision. The Appeals Board can only be reversed by the Court
of Common Pleas of Luzerne County if it is determined by said Court
that the Appeals Board had in fact abused its discretion. Appeals
beyond the Court of Common Pleas of Luzerne County shall be governed
by the applicable rules and laws pertaining to the same.
