[Ord. 2002-9, 10/7/2002]
1. 
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.
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. 
Definitions. As used in this Part, the following terms shall have the meaning indicated:
CARTWAY
Portion of the right-of-way designated for vehicular use. This shall include both opened and unopened streets.
COMMERCIAL USE DUMPSTER
Dumpster used in connection with a wholesale, retail, manufacturing, and food service oriented businesses.
CONSTRUCTION WASTE DUMPSTER
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.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
NONCONSTRUCTION WASTE DUMPSTER
A unit designed for the deposit of all types of rubbish materials, excluding garbage. Generated at sites other than building construction, repair or demolition.
PERSON
Any individual, firm or partnership, association or corporation.
PUBLIC RIGHT-OF-WAY
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.
RUBBISH
Nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, wrappings, cigarettes, cardboard, yard clippings, wood bedding, crockery and similar items.
SIDEWALK AREA
Area from the curb lines to the property lines which is designated by the Borough Engineer's office for pedestrian use.
SIDEWALKS
Portion of the walk area, which is paved for pedestrian use.
TREE LAWN
Portion of the tree lawn area, which is grass and/or tree, lined.
TREE LAWN AREA
Area extending from the curb line to the sidewalk area, which is designated by the Borough Engineer's office for grass or trees.
[Ord. 2002-9, 10/7/2002]
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 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 Part.
2. 
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. In the case of a permit being issued to a licensed contractor employed by the property owner, the contractor must also sign an application.
3. 
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 completion of said work, additional permits shall not be required.
4. 
The placement of only one dumpster per job site upon a right-of-way shall be permitted at any one time. Except in the event of an emergency concerning the public welfare.
5. 
No permits shall be issued by the Code Enforcement Officer if, in his opinion, the location and placement of the construction or nonconstruction waste dumpster will create a safety hazard to the use of the sidewalk area, tree lawn area or cartway by pedestrians or vehicles.
6. 
Upon the issuance of a construction or nonconstruction waste 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 permit.
[Ord. 2002-9, 10/7/2002; as amended by Ord. 2009-8, 12/7/2009]
A fee, in an amount as established from time to time by resolution of Borough Council, shall be paid for each construction or nonconstruction waste dumpster permit issued by the Code Enforcement Officer.
[Ord. 2002-9, 10/7/2002]
A construction waste dumpster shall be permitted to be placed upon a public right-of-way for maximum period of 15 days during building construction, repair or demolition projects for which a building permit was secured from the Code Enforcement Officer. 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. In no event shall a full waste dumpster be allowed to remain in the public right-of-way, notwithstanding the time specified above, for more than 72 hours.
[Ord. 2002-9, 10/7/2002]
A nonconstruction waste dumpster shall be permitted to be placed upon a public right-of-way for a maximum seven 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 is a nonconstruction waste dumpster permitted to be placed upon a public right-of-way exceeding 30 days. In no event shall a full nonconstruction waste dumpster be allowed to remain in a public right-of-way, notwithstanding the time period specified above, for more than 72 hours.
[Ord. 2002-9, 10/7/2002; as amended by Ord. 2009-8, 12/7/2009]
1. 
Regulations to the placement of construction and nonconstruction waste dumpsters upon a public right-of-way are as follows:
A. 
The placement of a construction/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/nonconstruction waste dumpster placed upon a right-of-way shall not extend into a cartway, nor impede or endanger the free flow of pedestrian or vehicular traffic.
C. 
A construction/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/nonconstruction waste dumpster placed upon a public right-of-way shall not be placed within 20 feet of a fire hydrant.
E. 
A construction/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 passerby and kept there for the duration of the permit.
F. 
A construction/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.
G. 
No public right-of-way shall be closed for the purpose of location or utilization of a construction/nonconstruction waste dumpster.
H. 
The location and utilization of a construction/nonconstruction waste dumpster upon a public or private right-of-way shall not be such as to constitute a safety hazard to person or property.
I. 
The placement of a construction/nonconstruction waste dumpster shall not extend onto the sidewalk.
J. 
The placement of a construction/nonconstruction waste dumpster shall not extend into the tree lawn area, unless approved by the Code Enforcement Officer.
K. 
The placement of a construction/nonconstruction waste dumpster shall not be permitted on the side of any public right-of-way, street, alley, road, drive, etc., that is posted as "no parking this side" of street.
L. 
The placement of a construction/nonconstruction waste dumpster shall not be permitted on any public right-of-way posted as an "emergency snow route" during the first day of November through to the last day of February.
M. 
The placement of a construction/nonconstruction waste dumpster shall have a standard barricade light placed in continuous operation on the dumpster side nearest the travel lane of the public right-of-way.
N. 
The placement of a construction/nonconstruction waste dumpster upon Wyoming Avenue, also known as Route 11, shall have the following restrictions in addition to all previous placement regulations:
(1) 
All other public or private locations have been considered prior to requesting use of Wyoming Avenue location.
(2) 
The Code Enforcement Officer may refuse placement of a construction/nonconstruction waste dumpster on Wyoming Avenue.
O. 
The location and utilization of a construction/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.
P. 
The placement of a construction/nonconstruction waste dumpster 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 is caused by the placement, position, or removal of a construction/nonconstruction waste dumpster shall be repaired by the owner of the waste dumpster. Repair of damage to the right-of-way must be completed within 10 days of removal of waste dumpster. The cost of repairs shall be the owner's responsibility.
[Ord. 2002-9, 10/7/2002]
A nonconstruction waste dumpster shall not be permitted to be placed on a public right-of-way for the disposal of garbage as defined in this Part.
[Ord. 2002-9, 10/7/2002]
1. 
Whenever the placement of a construction/nonconstruction waste dumpster shall have been declared a safety hazard to the use of the sidewalk area, tree lawn area or cart way by pedestrians or vehicles by 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 the same be made safe and secure or removed within 24 hours after notice has been issued.
2. 
If the person to whom such notice and order is addressed cannot be found after diligent search. 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/nonconstruction waste dumpster to which it relates. Such mailing and posting shall be deemed adequate service.
3. 
If the person served with a notice to make safe and secure or remove the construction/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 Borough Council or Council President, whichever is deemed appropriate, may have said waste dumpster 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 construction/nonconstruction waste dumpster. For the recovery of costs incurred by the Borough in the performance of having said dumpster removed or moved to be made safe.
[Ord. 2002-9, 10/7/2002; as amended by Ord. 2009-8, 12/7/2009]
1. 
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.
A. 
A certificate of insurance, naming the Borough of Forty Fort 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 Borough of Forty Fort. Covering said hauling contractor in the amount of not less than $300,000. Being of single 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.
B. 
A certificate of workers' compensation insurance, naming the Borough of Forty Fort 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 workers' compensation insurance.
C. 
Their federal or state employer identification number.
D. 
An indemnity agreement in a form acceptable by the Borough of Forty Fort Solicitor promising to indemnify, 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, 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 Part shall give immediate notice of any change in his home or business address.
2. 
Every person engaged in the business of construction and/or nonconstruction waste dumpsters shall before engaging in such occupation pay an annual license fee, in an amount as established from time to time by resolution of Borough Council. Said license shall be valid from January 1 through December 31 of each year. The license fee shall not be prorated.
3. 
All construction and/or nonconstruction waste dumpster hauling contractor licenses shall be issued by the Code Enforcement Officer. The license 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.
A. 
A certificate of insurance, naming the Borough of Forty Fort 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 Borough of Forty Fort. Covering said hauling contractor in the amount of not less than $300,000. Being of single 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.
B. 
A certificate of workers' compensation insurance, naming the Borough of Forty Fort 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.
C. 
Their federal or state employer identification number.
4. 
In the event that a licensed construction and/or nonconstruction waste dumpster hauling contractor fails to renew his license within 20 Borough 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 Part.
5. 
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:
A. 
Said license was partially or wholly procured by or through nondisclosure, misstatement of misrepresentation.
B. 
A previous imposed penalty shall not have met with full compliance.
C. 
The holder of said license has repeatedly and/or willfully violated any of the provisions of this Part. "Repeated violation" is hereby defined as a minimum of three separate offenses within a period of five years under this Part for which the licensee of offender has either pleaded guilty or has been found guilty by a magisterial district judge or other court of competent jurisdiction.
D. 
The Code Enforcement Officer, prior to invoking a suspension of a license, shall first cause to be served upon said license, 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.
E. 
On a first offense, a hauling contractor's license shall be suspended for a period 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.
F. 
Any person aggrieved by the suspension of such license may take an appeal to the Borough of Forty Fort Council, members of the Law and Ordinance Committee. In writing, within 10 days from the date notice of license suspension is mailed.
G. 
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 for the entire time period said license is suspended. After suspension is removed by the Code Enforcement Officer, the license renewal provisions shall apply.
6. 
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:
A. 
The holder of said license has willfully or negligently damaged or caused to be damaged the Borough's public right-of-way.
B. 
The holder of said license has willfully or negligently placed a construction/nonconstruction 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.
C. 
The holder of said license has repeatedly and/or willfully ignored stop-work order(s) issued by the Code Enforcement Officer or his designee.
D. 
Any hauling contractor's license, which has been revoked by the Code Enforcement Officer, shall not be reactivated.
E. 
Any person aggrieved by the revocation of such license may take an appeal to the Law and Ordinance Committee. In writing within 10 days of notice of suspension or revocation is mailed.
F. 
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/nonconstruction waste dumpsters within the Borough's public right-of-way, under penalty of forfeiture of his or its license.
[Ord. 2002-9, 10/7/2002]
1. 
All commercial use dumpsters located in or near a residential zoning district shall be subject to the following:
A. 
Screening may be required at the discretion of the Code Enforcement Officer.
B. 
The dumpster shall be located at a convenient point furthest away from neighboring residential properties as possible.
C. 
It is required that odor control deodorants be used.
D. 
The area around the commercial dumpster be maintained in a neat and orderly fashion.
E. 
In the event of a conflict between a resident and the owner of the commercial establishment using a commercial use dumpster the issues may be mediated by the Zoning Code Enforcement Officer and the decision shall be reviewed and finalized by the members of the Forty Fort Council.
F. 
Hours of pick up shall be between 8:00 a.m. and 8:00 p.m. Monday through Saturday.