[Adopted 3-19-2008 by Ord. No. 3-2008;
amended in its entirety 5-21-2008 by Ord. No. 4-2008]
The following terms in this article shall be
defined as follows:
The City of Monessen, Westmoreland County, Pennsylvania.
A container designed to be emptied by elevation into the
air and turning so that the contents may be deposited into a garbage
truck for disposal, and includes any container which must be lifted
onto the back of a truck for removal from its location. A dumpster
shall not be used for the collection, holding or disposal of solid
waste.
Any natural person, partnership, association, firm or corporation.
Garbage, refuse, rubbish, ashes and grass clippings,
including, but not limited to, all table and kitchen offal and waste,
including cans or containers, broken dishes, glass and chinaware,
together with all paper containers in which such material may be wrapped.
The terms "rubbish, refuse and ashes" shall consist of any and all
items normally found around the household. Also, any household furniture
and appliances and other miscellaneous household fixtures and items
collected by the City's contracted trash collector, including Christmas
trees during routine weekly pickups or at other times.
"Solid waste" shall also include the definitions
of that term in:
"Solid waste" does not include: stone, block
or brick, lumber or plaster, leaf waste, remodeling and construction
materials, paving material, cement, stones, sand, dirt, broken concrete
and automobile parts.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
No person shall place, cause to be placed or
use a dumpster or similar container on any City street, roadway or
sidewalk or upon any public property within the City without first
obtaining a permit from the Office of Code Enforcement. A separate
permit must be obtained for each individual dumpster placed or used.
A.
No dumpster may be placed on a City street, roadway
or sidewalk so as to block or obstruct passage completely on said
street, roadway or sidewalk. No permit will be issued if the Code
Enforcement Officer determines that such condition is likely to occur.
B.
A dumpster placed on a City street or roadway shall
be adequately reflectorized or equipped with flashing lights in working
order to ensure the safety of pedestrian and/or vehicular traffic.
A dumpster shall have both front and rear surfaces reflectorized or
lit so as to indicate the height and width of same and shall be visible
from 500 feet by auto headlights.
C.
There shall be no defect or faulty design in a dumpster
which creates a substantial risk of hazard to the general public.
D.
When a dumpster with a capacity of 10 cubic yards
or more will be used, the applicant shall provide adequate protection
to the roadway surface if the City Engineer so recommends.
E.
The Code Enforcement Officer shall determine whether
a suitable cover shall be placed over the dumpster in order to prevent
the contents from being displaced and/or causing litter on public
or private property or creating dust, offensive odors or health hazards.
When necessary, as determined by the Office of Code Enforcement, a
dumpster shall have adequate restraints to prevent inadvertent movement
from its location.
F.
The dumpster shall be conspicuously marked with the
name and address of its owner and have thereto affixed a copy of the
currently effective permit.
A.
No person shall use, cause to be used or permit the
use of a dumpster for the collection and disposal of solid waste,
as defined or referenced herein, or items designated by the Mon Valley
Refuse Disposal Authority to be recycled from all residential, institutional,
business and commercial establishments in the City.
B.
Council, from time to time as necessary, may, by resolution,
modify the exclusions from which a dumpster may be used, based on
changes in the law or the City's contractual obligations for refuse
disposal.
A.
An applicant for a dumpster permit shall provide such
information as required by the Office of Code Enforcement.
B.
The Office of Code Enforcement shall obtain approval
of the City Police Department and the Fire Department before any permit
may be issued.
C.
Upon a showing that the within standards have been
met and payment of the required fee, the Office of Code Enforcement
shall issue the permit.
Each application for dumpster use in connection
with nonresidential real property shall be accompanied by a certificate
or certificates of insurance in a form approved by the City Clerk
and issued by one or more insurance companies authorized to do business
in 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 City:
A.
Comprehensive general liability, naming the City as
one of the insured. The policy shall be written to cover bodily injury
(including death) for not less than $100,000 per person and $300,000
per occurrence and property damage for not less than $100,000 in the
aggregate.
B.
A policy which will protect the City in the sum of
at least $20,000 from loss due to damage caused to any street, sidewalk
or other public property by reason of the placement, maintenance or
use of the dumpster.
Each permit shall be valid for 30 calendar days
from the date of issuance.
A permit fee of $20 shall be assessed for the
issuance of a permit for the use of each dumpster to be placed on
any City street, roadway or sidewalk, or public property. Fees collected
may be used for the City's general purposes. From time to time, City
Council may, by resolution, modify the amount of the permit fee.
No person shall place or permit the placing
of any dumpster 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 the removal of the dumpster. The
permit holder is responsible for cleanup of the area where the dumpster
was located. The Code Enforcement Officer is responsible for determining
compliance with this requirement.
No person who has obtained a permit under this
article shall continue to utilize said dumpster, or permit it to remain
upon any City street, roadway, sidewalk or public property, after
the permit has expired, unless an extension or new permit has been
issued.
Violation of any terms and conditions of this
article by the applicant, his agents, employees or any contractor
hired by the applicant shall be reason for immediate revocation of
the permit by the Code Enforcement Office, whereupon the applicant
shall remove the dumpster from public property within 24 hours of
notice from the Office of Code Enforcement. Such action shall be in
addition to any other penalties authorized to be assessed under this
article.
Any person who violates or fails to comply with
any provision of this article shall, upon conviction thereof in a
summary proceeding before any Magisterial District Justice having
jurisdiction over such offense, be sentenced to pay a fine of no less
than $50, and no more than $300, or to undergo imprisonment for a
period not exceeding 90 days, or both. Each day's violation or failure
to comply with any provision of this article shall constitute a separate
offense.
A.
The permit fee stated herein shall not apply to: any
contractor conducting business with or for the City of Monessen; the
demolition of a residential structure within the City of Monessen.
The issuance of a permit is required.
B.
Private property. Sections 331-15 through 331-27 of this article shall not apply to, nor be construed to prohibit, the placement and use of a dumpster on private property, if such placement will not violate any other provision of the City Code. However, the following conditions apply to the placement or use of a dumpster on private property:
(1)
No dumpster may remain on private property in excess
of 30 days unless the real property is located within a Planned Light
or Heavy Industrial District (M1 or M2).
(2)
No dumpster shall be placed in the front yard of private
property unless specifically approved and noted, in writing, on the
issuance of a permit by the Office of Code Enforcement.
(3)
Placement of the dumpster shall be in such location
and used so as not to constitute a public nuisance or to interfere
with neighbors' usual and customary use and enjoyment of their property.
Any expense incurred by the City in enforcing
this article, including the removal of a dumpster from public or private
property, may be subject to the filing of a municipal claim against
the record owner of the property where the dumpster is placed or the
property intended to be serviced by the dumpster.
