[HISTORY: Adopted by the Borough Council of the Borough of
Oakmont 3-8-2010 by Ord. No. O12-2010. Amendments noted where applicable.]
The following definitions shall apply in the interpretation,
administration and enforcement of this chapter:
A person who obtains or is required to obtain a permit under
this chapter.
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough of Oakmont.
Any item placed in a street or property within a residential
street for a period in excess of 24 consecutive hours that is not
a motor vehicle, as defined by the Pennsylvania Vehicle Code, or a
waste dumpster.
A unit designed for the deposit of waste materials at or
near a building or other structure, commonly located on a temporary
basis on a street or similar property abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carrying vehicle.
No person shall place upon, cause to be placed upon or permit
to remain upon a street or his private property within a residential
district a waste dumpster or street storage without first obtaining
a permit therefor from the Oakmont Borough office and paying the applicable
permit fee. The duration of such permit shall be 30 days, and the
continued validity of such permit shall be contingent upon full compliance
with the regulations and requirements set forth in this chapter. If
the waste dumpster or street storage is or will be located on the
roadway or within the cartway, the placement of the waste dumpster
or street storage must be approved by the Chief of Police or his or
her designee. Street storage for periods less than seven days in any
cycle of 365 days must meet all requirements of this chapter except
obtaining a permit.
The permit fee for waste dumpsters or street storage shall be
established by resolution or motion of Borough Council. One thirty-day
extension of a permit may be granted without additional fees. Permit
renewal may be denied for inactivity.
A.Â
The permittee must place the waste dumpster or street storage unit
in his driveway. In cases where a permittee does not have a driveway,
the placement of a waste dumpster or street storage unit upon a street
shall not extend into the travel lane of traffic.
B.Â
A waste dumpster or street storage placed upon a street shall bear
reflective markings in sufficient positions and with sufficient reflective
capacity to provide reasonable warning to approaching traffic in both
directions of its location. These warnings must be accomplished by
dumpster markings, cones or barrels with flashers and must be approved
by the Chief of Police or his or her designee.
C.Â
No street shall be closed for the purpose of location or utilization
of waste dumpster or street storage without Pennsylvania Department
of Transportation, if applicable, and Borough Council temporary road
closure authorization.
D.Â
The location and utilization of a waste dumpster or street storage
shall not be in a manner which constitutes a safety hazard to persons
or property.
E.Â
The location and utilization of a waste dumpster or street storage
shall be in compliance with all federal, state and local laws, rules
and regulations applicable thereto, including but not limited to any
highway occupancy or other permit required by the Pennsylvania Department
of Transportation, in addition to the requirements of this chapter.
F.Â
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough of Oakmont, promising to indemnify, save harmless and
defend the Borough, 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 attorneys' fees for or on account
of any injury to any person or any damage to any property which may
arise or which may be alleged to have arisen out of or in connection
with the placement or utilization of a waste dumpster or street storage
on any street.
G.Â
Only one waste dumpster per property will be permitted in the Borough
of Oakmont.
H.Â
If a chute or similar device or object is to be used with a waste
dumpster, it must be deemed structurally sound by the Borough or its
designee.
I.Â
The permittee shall assume all risk of damage.
Without limitation as to the utilization of any other legal
or equitable remedy or action available to the Borough, civil or criminal,
noncompliance with any of the requirements or provisions set forth
in this chapter or any material false statement or omission made in
connection with the application for a permit shall be grounds for
revocation of the permit by the Borough Manager, the Oakmont Borough
Chief of Police, the Oakmont Zoning Officer or their designee issued
pursuant to this chapter.
The Borough may, at the expense of the owner or lessee of the
property or the permittee, cause the removal of a waste dumpster or
street storage.
Any person who or which violates or fails to comply with any
provision of this chapter shall, upon conviction, be sentenced to
pay a fine of not less than $200 and not more than $600 plus costs
for each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this chapter. Each
provision of this chapter which is violated shall be considered a
separate violation. Such fine shall be in addition to any other fine
which may be imposed under the provisions of any other ordinances
of the Borough, Pennsylvania law, or federal law. In default of payment
of any fine, such person shall be liable to imprisonment for not more
than 30 days.
In addition to or in lieu of the penalties provided in § 91-7 hereof, any violations of the provisions of this chapter may be abated or enforced by proceedings seeking equitable relief against the violator.
