[Adopted 11-11-2013 by Ord. No. 1034 (Ch. 144, Art. VI, of the 1998 Township
Code)]
The following words when used in this article shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
That portion of the public right-of-way as shown on the Township
Map.
The line in the right-of-way, constructed or proposed, that
separates the portion of the right-of-way dedicated to vehicular traffic
from that dedicated to pedestrian traffic.
Any container used for the purpose of temporarily holding
debris.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetable and parts thereof and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Any garbage, refuse or a combination thereof, as defined
in Act 97[1] which because of its quantity, concentration or its physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
One who rents dumpsters to another (that is, a licensed,
commercial waste hauler).
Any structure or other object whatsoever that impedes, obstructs,
or otherwise limits or prevents the full and unrestricted use, whatsoever,
by the public on any right-of-way.
A property owner or agent thereof who owns or leases a dumpster
as defined herein.
An individual, firm, partnership, association, corporation
or similar entity. For the purpose of this article, this definition
includes the dumpster owner and the dumpster lessee.
For the purpose of this article, the area between property
lines that is set aside for public use or ownership as a street, alley,
crosswalk, easement, or other similar facility.
That portion of the sidewalk area for which paving is currently
installed or may be installed in the future.
The line that is coincident to and identical with the line
marking the extremity of the right-of-way as shown on the Township
Map.
Any dumpster not permanently affixed intended to be used
for a specified period of time for the purpose of construction, demolition,
or rehabilitation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
This article shall be enforced under the jurisdiction and auspices
of the Wilkins Township Board of Commissioners.
A.
All standards established in this article are to be interpreted as
the minimum standards required. Nothing herein shall be construed
to prohibit or prevent the use of higher standards. In interpreting
and applying the provisions of this article, they shall be held to
be the minimum requirements for the promotion of the public health,
safety, comfort, convenience, and general welfare.
A.
No person shall put, place, maintain, erect or cause or allow to
be put, placed, maintained, or erected any dumpster in the public
right-of-way, except as hereinafter allowed and provided for; provided,
however, that no such dumpster shall violate any other provision of
the ordinances of the Township of Wilkins.
B.
Dumpsters shall be allowed to be placed on a public right-of-way
when no reasonable alternative trash storage method is available.
Dumpsters shall not be placed within the public right-of-way if a
driveway is available. A path that is 1/2 of the width of the sidewalk
and/or sidewalk area shall be kept clear for pedestrian travel.
D.
All dumpster units shall be painted, leakproof, in good repair and
free of offensive odors. The dumpster lessor shall place and maintain
on the outside of each dumpster, in legible letters not less than
one inch in height, his name or company logo and telephone number.
E.
Each dumpster shall be fully covered at all times by a clean, leakproof,
properly fitting and functioning cover.
F.
No person shall put, place, maintain, erect, or cause or allow to
be put, placed, maintained, or erected any dumpster in excess of eight
feet wide on any cartway.
(1)
Dumpsters placed in the cartway shall be illuminated with a warning
light, light reflector or reflector material on the front and rear
surfaces and in the direction traffic is flowing in such a manner
as to indicate the height and width of it and shall be visible for
a distance of not less than 300 feet between sunset and sunrise.
(2)
Traffic control devices shall be positioned around the dumpster when
it is in the public right-of-way in a manner that provides for a smooth
and gradual transition of traffic around the dumpster. Traffic control
devices shall be properly maintained during the time they are in place.
(3)
Dumpsters shall not be permitted to be placed in any area that a
motor vehicle would be prohibited from stopping, standing or parking
by either ordinance or statute. The dumpster shall be kept at least
20 feet from a crosswalk and from any intersection and must be placed
so it does not block the view of any motorist pulling into a roadway.
G.
Hazardous waste and garbage as defined in this article shall not
be stored in a dumpster.
A.
Permits shall be required for each dumpster in any public right-of-way
in the Township. The owner/lessee shall provide to the Township, upon
request, a copy of the lease agreement, if applicable, and the agreement
with the hauler with schedule of pickups.
B.
The dumpster owner/lessee or an agent thereof may apply to the Township
for the permit. The permit shall be displayed on the premises in a
conspicuous location.
C.
The cost of a permit shall be in such amount as established from
time to time by resolution of the Board of Commissioners. The Chief
of Police or designated representative shall issue a permit for a
period of time not to exceed 15 calendar days. Permits may be renewed
for fifteen-day increments at the sole discretion of the Chief of
Police or his designated representative if in his opinion the work
has not been completed or abandoned, or if it is deemed to be in the
best interest of the public. Applications for renewal permits must
be filed at least three days before the expiration of the original
permit. The cost of each renewal permit shall be in such amount as
established from time to time by resolution of the Board of Commissioners.
Any person who has placed, places or causes to be placed any
dumpster in the public right-of-way without obtaining the proper permit
authorized in this article shall immediately remove such dumpster
and shall be subject to the penalty as prescribed by this article.
The failure of the trash hauler to remove the dumpster, upon notice
by the lessee or by Wilkins Township to do so shall be a violation
of this article and subject to penalties herein.
Prior to the issuance by the Township of any permit or other authority to erect a dumpster in the public right-of-way in conformity with § 379-29, the lessor and/or owner must execute a hold harmless agreement in such form as the Township shall provide, guaranteeing to defend, protect, and compensate Wilkins Township as a result of any cause of action which may be brought or perfected against Wilkins Township in connection herewith. The lessor and/or owner shall provide the Township with a certificate of insurance covering such general liability insurance on an occurrence basis with a combined single limit of no less than $500,000 and naming Wilkins Township as an additional insured. Said certificate, shall be for continuous coverage unless canceled by the insurance company at which time the Township shall be notified, in writing, by such insurance company.
The Chief of Police or a designated representative may promulgate
such regulations as are necessary for the proper administration and
enforcement of this article.
A.
Without limitation as to the utilization of any other legal or equitable
remedy or action available to the Township, civil or criminal, noncompliance
with any of the requirements or provisions set forth in this article
or any material false statement or omission made in connection with
the application for a permit shall be grounds for revocation of the
permit issued pursuant to this article.
B.
Any person, firm, or corporation who shall violate any provision
of this article, upon conviction thereof, shall be sentenced to pay
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 article continues shall constitute
a separate offense.
