[HISTORY: Adopted by the Borough Council of the Borough of Ridley Park 4-13-1993 by Ord. No. 1052. Amendments noted where applicable.]
Unless otherwise expressly stated, the following terms, whenever used in this chapter, shall be respectively deemed to mean:
- Ridley Park.
- Any container used in the normal course of demolition, construction, renovation or nonorganic rubbish removal for the purpose of storing, containing and/or carrying debris. This chapter does not pertain to those dumpsters used for regular trash removal.
- ENFORCEMENT OFFICIAL
- Includes representatives of the Board of Health, Code Enforcement Committee, Police Department or Borough Office.
- Any individual or individuals or corporation, partnership or voluntary association.
- PUBLIC PROPERTY
- Any property owned, leased or controlled by the Borough of Ridley Park.
No person, other than agents or employees of the Borough of Ridley Park, shall place, maintain or use a dumpster, trash bin or storage bin or similar container on public thoroughfares or other public property without first having obtained a permit to do so.
The person to whom the permit is issued shall be responsible for the following:
The trash bin, dumpster or storage bin shall be properly reflectorized with flashing signal lights, illuminated barricades or six inch reflectors as may be required by the Borough Police Department in order to ensure the safety of pedestrian and/or vehicular traffic. Each dumpster shall have both the front and rear surfaces reflectorized for night safety in such a manner as to indicate the height and width of same with visibility of 500 feet by auto headlights.
There shall be no defect or faulty design in the trash bin, dumpster or storage bin which might create a hazard to the general public, interfere with its operation or inhibit the purpose for which it is to be used.
The placement of the trash bin, dumpster or storage bin shall not block the flow of vehicular traffic or pedestrian traffic. When any dumpster having a capacity of 10 cubic yards or more is used, the contractor shall provide adequate protection to the roadway surface as determined by the Borough Engineer.
During all times when the dumpster is in use, a tarpaulin or other suitable tight cover shall be placed over the dumpster in order to protect the contents from being displaced and/or causing litter on public or private property or creating dust, offensive odors or health hazards. In all instances, the container shall, where necessary, be provided with adequate restraints to prevent inadvertent movement from original location. The need for restraints is to be determined by the Borough Police Department.
The trash bin, dumpster or storage bin is conspicuously marked with the name and address of its owners and has affixed a copy of the currently effective permit for the same.
This chapter shall not be construed to prohibit the placement of the trash bin, dumpster or storage bin on private property when such placement would not otherwise violate provisions of the Code of the Borough of Ridley Park.
Such containers shall not be placed on the lawn or front yard of the property except by issuance of a special permit, at no fee.
Placement of such container in a rear or side yard shall be in such location and used so as not to constitute a public nuisance or to interfere with neighbors' usual and customary use of their property.
All permits required by this chapter shall be issued by the Borough Manager and/or Borough Secretary following written application. This application shall address the need for such a container and reasons why it is not practical to locate the container on private property. Prior to the issuance of the permit, the Borough Manager and/or Borough Secretary shall consult with a representative of the Police Department to determine that the proposed use and location of the container shall not constitute a traffic and/or safety hazard.
Application for a permit shall include but not be limited to the following information:
The name and address of the applicant and, if applicable, the name and address of the lessor of the trash bin, dumpster or storage bin.
A description or diagram of the location where the container will be located.
A description of the container which the applicant proposes to use, including the name of the manufacturer, its capacity and a description of the reflectors as required by § 94-3.
The circumstances necessitating the use of the trash bin, dumpster or storage bin and the reasons for placing the same on a sidewalk, street or public place of the Borough.
The length of time the applicant plans to utilize the trash bin, dumpster or storage bin, which shall not exceed 10 working days, except as further stated in this chapter. An applicant may apply for extension of the permit subject to the additional fees as outlined in this chapter.
Each application for a permit hereunder shall be accompanied by a certificate or certificates of insurance in a form approved by the Borough Secretary/Manager and issued by one or more insurance companies authorized to do business within the State of Pennsylvania certifying that said company or companies have issued or have written the following policies, which shall not be cancelable except on 15 days' written notice to the Borough:
Comprehensive general liability, naming the Borough as one of the insured. This policy shall be written to cover bodily injury (including death) for not less than $1,000,000 per person and $3,000,000 per occurrence and property damage for not less than $100,000 in the aggregate.
A policy which will protect the Borough in the sum of at least $20,000 against any loss due to damage caused to any street or other public property owned by the Borough by reason of the placement, maintenance or use of the dumpster, trash bin or storage bin pursuant to any permit issued hereunder.
The application shall be accompanied by a minimum fee of $25, plus $10 per day for each day or fraction thereof that said trash bin, dumpster or storage bin shall remain on public property beyond 10 working days.
Reimbursement shall be made to the Borough for daily parking fees accrued for a dumpster parked in one or more metered spaces.
No permit shall be issued until the appropriate fee has been submitted to the Borough. If an advance payment is submitted to cover permit fees for dumpsters remaining on public property beyond 10 working days and the amount of time is less than originally anticipated, the appropriate refund will be made by the Borough.
No person shall cause or permit the placing of any trash bin, dumpster or storage bin or loose debris within 15 feet of any fire hydrant.
On or before the expiration of the permit, the permit holder shall remove or cause to be removed the trash bin, dumpster or storage bin. The permit holder is responsible for cleanup of the area where the dumpster was located. The Code Enforcement Officer is responsible for approving compliance with this requirement.
Violation of any terms and conditions of this chapter by the applicant, his agents, employees or any contractor hired by the applicant shall be reason for immediate revocation of the permit. The container shall be removed from public property immediately upon revocation. Such action shall be in addition to the penalties provided in § 94-12.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.