[Added 7-5-2005 by Ord. No. 1162, approved 7-5-2005]
As used in this article, the following terms
shall have the meanings indicated:
Any bulk container, construction container, trailer, box,
or any other receptacle of any kind used for the storage of construction
debris or refuse.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency or any other legal entity which
is recognized by law as the subject of rights and duties.
All solid waste materials which are discarded as useless.
Includes every sidewalk, street, road, way, alley, thoroughfare,
cartway, parking lot, parking stall, parking area or other area designated
for public pedestrian or vehicular traffic, passage or parking.
A.
No person shall place or locate, or cause to be placed
or located, any dumpster on any public right-of-way within East Stroudsburg
Borough unless said person has obtained a permit therefor, issued
by the East Stroudsburg Borough Manager or his/her designee after
payment of the applicable fee as set forth from time to time by resolution
of Borough Council.
B.
Prior to receiving said permit, the person applying
for the permit shall pay an advance deposit, in an amount set forth
from time to time by resolution of Borough Council, and shall advise
the Borough, in writing, of the type and capacity of the dumpster
intended to be used, the type and quantity of refuse to be stored,
the location where the dumpster will be placed, the length of time
the dumpster will remain at that location and the name, address and
telephone number of the person available 24 hours per day to receive
communication from East Stroudsburg Borough officials concerning the
dumpster and the activities related thereto.
C.
If the dumpster is to be located in a metered parking
place, or in any other parking place that ordinarily generates parking
revenue for East Stroudsburg Borough, then the person placing the
dumpster shall be charged a parking/service fee, in an amount set
forth from time to time by resolution of the Borough Council, for
each day, not to exceed 10 consecutive days, that the dumpster is
at the identified location. The daily parking/service charge will
be deducted from the advance deposit paid prior to issuance of the
permit.
D.
If the activities involving the dumpster require its
removal and replacement by another dumpster, that action may be taken
pursuant to the permit originally issued, subject to the provision
that the daily parking/service charge and all other proper charges
shall continue to accrue with respect to the replacement dumpster.
A.
The placement of any dumpster shall not block, obstruct,
or interfere with the passage of vehicular traffic or pedestrian traffic,
nor shall a dumpster be loaded in such a manner as to cause its contents
to spill onto the area of any public right-of-way.
B.
No dumpster, whether placed at a metered parking space
or anywhere within a public right-of-way, may remain in that space
for more than 10 calendar days. A permit may be renewed for every
additional 10 calendar days. Any person who maintains a dumpster,
including one or more replacement dumpsters, at a given location for
a period exceeding 10 calendar days shall be fined at the rate of
$10 per day, for each day exceeding 10 calendar days for which the
dumpster and all replacement dumpsters remain at that location, whether
or not said dumpster is located in a metered parking space, revenue-producing
parking lot, or anywhere within a public right-of-way. The use of
replacement dumpsters will not extend the ten-day period of use authorized
by the dumpster permit for that particular location. The interruption
of use, by removing all dumpsters and replacement dumpsters from the
permitted location for any period of time will not extend the total
ten-day continuous period authorized for use under the permit as issued.
C.
The provisions of Subsection A above shall not apply to any dumpster permanently maintained for the storage and periodic pickup of municipal waste, as defined in this chapter, at a business establishment, public facility or apartment building located in East Stroudsburg Borough, but all other provisions of this article shall apply to such dumpsters. This subsection does not authorize or permit any person to place or maintain a dumpster for the storage and periodic pickup of municipal waste on or within any public right-of-way or portion thereof.
D.
Placement, maintenance and use of the dumpster must
be in compliance with all other ordinances of East Stroudsburg Borough
and all laws, statutes, ordinances, regulations and rules of the government
of the United States of America, the Commonwealth of Pennsylvania,
and Monroe County, Pennsylvania.
E.
When a dumpster is filled to capacity, it must be
removed from East Stroudsburg Borough within 24 hours of that occurrence.
The dumpster shall be deemed to be filled to capacity when its contents
extend above the top edge of any wall of the dumpster or beyond the
edges of any door, hatch or other opening in the roof or any wall
of the dumpster.
F.
At all times, including those times when work is not
being performed at the dumpster, the dumpster and its refuse contents
must be maintained in a manner to assure that the contents of the
dumpster may not be invaded or removed by animals, vermin, vandals,
scavengers or trespassers and in a manner to assure further that persons
occupying residences or other buildings or structures contiguous to,
or adjacent to, the dumpster location will not be annoyed by noxious
odors, noise, airborne pollutants or other elements or characteristics
of the dumpster.
G.
If the person responsible for placement and maintenance
of the dumpster receives notice from the Borough Manager or his/her
designee that the dumpster is full, that dumpster shall be removed
from East Stroudsburg Borough within 24 hours of receipt of such notice.
H.
The person or persons responsible for placement and
maintenance of the dumpster shall have signs, reflectors or reflective
tape, or barricades placed to advise oncoming vehicle operators and/or
pedestrians of the placement of the dumpster within the public right-of-way.
(1)
If signs are used, one or more signs shall be placed
on the dumpster. Each sign shall be rectangular, with no side less
than three feet in length, and shall be located, constructed and arranged
in a manner to assure that the sign is visible and legible, day and
night, from a distance of at least 100 feet by vehicle operators and
pedestrians approaching the dumpster. Such sign shall be illuminated
for nighttime visibility and legibility and shall contain and state
explicitly the word "CAUTION" in a conspicuous manner.
(2)
If reflectors are used, reflectors shall be a minimum
of three inches in diameter, and a minimum of three shall be affixed
to both ends, and a minimum of four shall be affixed on the sides.
If reflective tape is used, the tape shall be a minimum of three feet
in length on both ends and the sides.
(3)
If barricades are used, at least one barricade shall
be placed on the ground in advance of the dumpster and shall be illuminated
by a warning light operating 24 hours per day.
I.
After the dumpster has been removed, the person placing
the dumpster or causing its placement in East Stroudsburg Borough
shall clean and restore the dumpster location to the fullest extent
reasonably possible to the condition of that location and its surrounding
area as existed prior to placement of the dumpster. If the dumpster
location area is not cleaned and restored within 24 hours of removal
of the dumpster, then the East Stroudsburg Borough Manager or his/her
designee shall cause the area to be cleaned and restored and shall
recover the total cost of such cleaning and restoration, plus a ten-percent
surcharge on the total amount, from the person or persons placing
or causing the dumpster to be placed in East Stroudsburg Borough.
Any person, as defined in § 134-25 above, who violates any provision of this article shall, upon conviction thereof before a District Justice or other tribunal or court, be sentenced to pay a fine of not less than $300 nor more than 1,000, plus costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Unless expressly and specifically provided elsewhere in this article, each day of continuing violation shall constitute a separate offense.
[Added 2-5-2019 by Ord.
No. 1335, approved 2-5-2019; amended 6-18-2019 by Ord. No. 1348, approved 6-18-2019]
A.
Upon the discovery of any violation under the terms of this chapter,
the Borough shall, through its authorized agents, issue a ticket and
assess a fine to the owner of a violation hereunder, either by personal
delivery to such owner, by United States mail directed to the last-known
address of such person or persons, as shown in the real estate registry
records of the municipality, or by posting the same on the premises
where such violation occurs.
B.
If such person shall, within seven days after the delivery, mailing or posting of such notice, pay to the Treasurer of the municipality the sum of $15 for the initial violation, the same will constitute full satisfaction for the violation noted in said notice. The fine will be increased to $50 for each subsequent violation of this section. The failure of such person to make payment, as aforesaid, within seven days shall render such owner and/or occupant subject to the penalties as provided for in § 134-28 above.
