[Ord. No. 6-2020, 9/8/2020]
1.
Interchangeability. Words used in the present tense include the future;
words used in the masculine gender include the female and neuter.
2.
Terms Not Defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings as the context implies.
3.
CARTWAY
PERSON
PUBLIC RIGHT-OF-WAY
SIDEWALKS
SIDEWALK AREA
STORAGE CONTAINER
TREE LAWN
TREE LAWN AREA
Definitions. As used in this Part, the following terms shall have
the meaning indicated:
Portion of the right-of-way designated for vehicular travel.
Any individual, firm or partnership, association, corporation
or other legal entity.
The width of a strip of land between the property lines set
aside for public use or ownership as a street, alley, crosswalk, easement
or other facility.
Portion of the walk area which is used for pedestrian travel.
Area from the curblines to the property lines which is designated
for pedestrian use.
A portable container designed to be transported by vehicle,
unloaded onto the ground for loading and/or unloading of its contents
and used for storage of goods.
Portion of the tree lawn area which is grass- and/or tree-lined.
Area extending from the curbline to the sidewalk area which
is designated for grass or trees.
[Ord. No. 6-2020, 9/8/2020]
1.
It shall be unlawful for any person to place upon, cause to be placed
upon or to permit to remain upon a public right-of-way a portable
storage container 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 Part.
2.
An application for a permit shall be filed with the office of Code
Enforcement by the property owner or occupant. An application must
be signed by the property owner or occupant.
3.
The placement of only one storage container per property upon a right-of-way
shall be permitted at any one time, except in the event of an emergency
concerning the public welfare.
4.
No permits shall be issued by the Code Enforcement Officer if, in
his or her opinion, the location and placement of the portable storage
container will create a safety hazard to the use of the sidewalk area,
tree lawn area or cartway by pedestrians or vehicles.
5.
Upon the issuance of a portable storage container 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 permit.
6.
Permits will be issued only if the supplier of the portable storage
container has registered with the Office of Code Enforcement and has
provided the following documents:
A.
A certificate of insurance, naming the Borough of Forty Fort as certificate
holder, establishing that said contractor is currently covered by
a reputable insurance company acceptable to the Office of Code Enforcement
and the Borough of Forty Fort. The insurance shall cover said contractor
in the amount of not less than $300,000 for general liability purposes.
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.
B.
A certificate of workers' compensation insurance, naming the
Borough of Forty Fort as certificate holder. In the event that a contractor
is not obligated to maintain workers' 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 workers' compensation insurance.
C.
An indemnity agreement in a form acceptable to the Borough of Forty
Fort Solicitor, promising to save harmless and defend the Borough
of Forty Fort, its officials, agents, servants and employees and each
of them against, and hold it and them harmless from, any and all lawsuits.
[Ord. No. 6-2020, 9/8/2020]
A fee, in an amount as established from time to time by resolution
of Borough Council, shall be paid for each portable storage container
permit issued by the Code Enforcement Officer. The initial permit
fee shall be $35 per container.
[Ord. No. 6-2020, 9/8/2020]
A fee, in an amount as established from time to time by resolution
of Borough Council, shall be paid for registration of each portable
storage container supplier. The initial registration fee shall be
$50.
[Ord. No. 6-2020, 9/8/2020]
A portable storage container shall be permitted to be placed
upon a public right-of-way for a maximum 15 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 portable storage container. However, under no circumstances
is a portable storage container permitted to be placed upon a public
right-of-way exceeding 30 days.
[Ord. No. 6-2020, 9/8/2020]
1.
Regulations for the placement of portable storage containers upon
a public right-of-way are as follows:
A.
The placement of a portable storage container 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 portable storage container placed upon a right-of-way shall not
extend into a cartway in such a manner so as to impede the safe and
free flow of vehicular or pedestrian traffic.
C.
A portable storage container placed upon a public right-of-way shall
not be placed within 20 feet of a crosswalk at an intersection.
D.
A portable storage container placed upon a public right-of-way shall
not be placed within 20 feet of a fire hydrant.
E.
A portable storage container 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 portable storage container 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.
G.
No public right-of-way shall be closed for the purpose of location
or utilization of a portable storage container.
H.
The location and utilization of a portable storage container upon
a public or private right-of-way shall not be such as to constitute
a safety hazard to persons or property.
I.
The placement of a portable storage container shall not extend onto
the sidewalk.
J.
The placement of a portable storage container shall not extend into
the tree lawn area, unless approved by the Code Enforcement Officer.
K.
The placement of a portable storage container shall not be permitted
on the side of any public right-of-way, street, alley, road, drive,
etc., where parking is prohibited.
L.
The placement of a portable storage container shall not be permitted
on any public right-of-way, street, or road designated as a snow emergency
route from November 1 through March 31 each year.
M.
The placement of a portable storage container shall have a standard
barricade light placed in continuous operation on the container side
nearest the travel lane of the public right-of-way.
N.
The placement of a portable storage container upon Wyoming Avenue,
also known as Route 11, shall have the following restrictions in addition
to all previous placement regulations:
O.
The location and utilization of a portable storage container placed
upon a public right-of-way shall be in compliance with all other federal,
state, and local statutes, rules and regulations applicable thereto.
P.
The placement of a portable storage container upon a public right-of-way
or private property shall not be placed within 10 feet of any structure.
Q.
Damages to the public right-of-way that are caused by the placement,
position, or removal of a portable storage container shall be repaired
by the owner of the portable storage container. Repair of damage to
the right-of-way must be completed within 10 days of removal of portable
storage container. The cost of repairs shall be the owner's responsibility.
[Ord. No. 6-2020, 9/8/2020]
1.
Whenever the placement of a portable storage container shall be found
in violation of the placement regulations of this Part, the Code Enforcement
Officer shall notify the permit holder and/or the owner of the portable
storage container, in writing, describing the unsafe condition and
ordering the same be corrected within 24 hours.
2.
Whenever the placement of a portable storage container shall have
been declared a safety hazard to the use of the sidewalk area, tree
lawn area or cartway by pedestrians or vehicles by the Code Enforcement
Officer or his designee, the permit holder and/or the owner of the
container shall be notified to move the container to a location where
it will not create a safety hazard. Such notification may be verbal
or in writing.
3.
If the person served with a notice to make safe and secure or remove
the portable storage container should fail, within the time frame
specified by the Code Enforcement Officer or his designee, to comply
with the requirements thereof, or if the permit holder or container
owner cannot be contacted, the Code Enforcement Officer or his designee,
when authorized by the Borough Mayor or Council President, may have
said portable storage container removed from the public right-of-way.
Any costs incurred by the Borough shall be paid out of the general
fund on certification by the Code Enforcement Officer or his designee.
4.
The Borough Solicitor or other prosecuting authority shall institute
proper actions against the owner of the portable storage container
for the recovery of costs incurred by the Borough in the performance
of having said portable storage container removed or moved to be made
safe.
[Ord. No. 6-2020, 9/8/2020]
Any person, firm or corporation who shall violate any provision
of this Part, or knowingly aiding, abetting or assisting in the violation
hereof, upon conviction thereof, shall be sentenced to a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense. Violations of this Part are eligible for handling under Forty
Fort Borough Ticketing Ordinance.
