[Adopted 6-10-2004 by Ord. No. 2004-05]
This article shall be known as and may be cited as "Borough Large Vehicle and Dumpster Ordinance."
This article shall apply uniformly to all persons, business organizations, nonprofit organizations, and all other legal entities, and it shall apply uniformly to all property owners within the Borough.
A. 
Unless otherwise specifically defined below, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give the ordinance its most reasonable application consistent with its intent.
B. 
The word "shall" is always mandatory and not merely directory.
C. 
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Walnutport.
COUNCIL
The existing elected or appointed members of the Borough Council.
DUMPSTER
A metal storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents to a dump site. Dumpsters shall include any and all containers that are referred to as "PODS®."
[Amended 3-14-2013 by Ord. No. 2013-04]
LARGE VEHICLES
Includes but is not limited to the following terms as defined in 75 Pa.C.S.A. § 102: all-terrain vehicles, articulated bus, boats, boat trailers, combination, construction truck, driveaway-towaway operation, farm equipment, full trailer, house trailer, limousine (capable of carrying 10 or more passengers), maxicube vehicle, mobile home, motor carrier vehicle, motor home, pickup campers, recreational trailer, semitrailer, snowmobiles, stinger-steered automobile or boat transporter, tent trailer, tow dolly, trailer, truck, truck-camper, truck tractor, utility trailer and wrecker. The definition shall also include but not be limited to box trucks, tow trucks and rollbacks.
[Amended 4-8-2010 by Ord. No. 2010-03]
PARK or PARKING
The halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaging in loading or unloading property or passengers.
STREET
Any street, road, lane, court, cul-de-sac, alley, path, public way and public square within the Borough.
No person shall park, cause to be parked or permit to be parked any large vehicle on any street within the Borough.
This article shall not apply to emergency vehicles, such as fire trucks, ambulances, etc.
A. 
No persons shall place a dumpster within the Borough without first obtaining from the Borough Code Enforcement Officer an application for a permit and paying the fee established. Before permit is issued and dumpster is placed, review of the location by Borough will be required. The initial fee shall be $25 per dumpster and may be increased from time to time by resolution of Council, which shall be for the use of the Borough. Permit will be approved or rejected within five working days of application.
B. 
The initial permit shall be valid for a seven-day period. If the applicant requires additional time, a second permit can be obtained for up to seven days and a second permit fee paid in the amount of $50 per dumpster. After the expiration of the second permit, the dumpster shall be removed from the Borough street.
The following requirements shall apply to any dumpsters placed upon streets in the Borough:
A. 
Reflectors shall be placed upon all four sides of the dumpster, each side containing a minimum of four reflectors, to make the dumpster visible at night.
B. 
Each of the dumpster rollers or wheels (if any) must be placed upon a wood pad at least 3/4 of an inch thick so as not to damage the road surface.
C. 
Size of the dumpster will be determined by the contractor or property owner with the approval of the Borough.
D. 
The property owner shall implement all safety precautions that the Borough Code Enforcement Officer, in his sole and absolute discretion, shall deem necessary to protect the interests of the public.
[Added 3-14-2013 by Ord. No. 2013-04]
[Added 3-14-2013 by Ord. No. 2013-04[1]]
Any Borough property owner who desires to store a dumpster on private property in accordance with the terms and conditions of this article must submit a permit application to the Borough Code Enforcement Officer or the designee of the Borough Code Enforcement Officer. A private property dumpster permit shall be secured from the Borough Code Enforcement Officer prior to placing the dumpster on private property. The Borough Code Enforcement Officer shall require that the permit application for a dumpster shall contain all information necessary to enable the Code Enforcement Officer to ascertain whether the proposed dumpster complies with the provisions of this article, and is located and marked in a manner to preserve the public safety. The permit request shall be granted or denied within five days receipt of the written application. The fee to be paid for the dumpster permit shall be $25 for each time a permit or a renewal thereof is applied for. If a permit is granted, the dumpster shall be stored on private property for a period defined in the dumpster permit at a location acceptable to the Borough Code Enforcement Officer. For any dumpster on private property, the dumpster can only be stored on the property for a period of 30 days unless the permit is renewed and extended for an additional thirty-day period by application to the Code Enforcement Officer and payment made of the permit fee.
[1]
Editor’s Note: This ordinance also redesignated former § 390-38 as § 390-41.
[Added 3-14-2013 by Ord. No. 2013-04]
In the event the Borough Code Enforcement Officer shall deny the property owner's request for a permit, the property owner shall have the right to appeal the denial of the dumpster permit to the Borough Council by filing an appeal in writing within five days from receipt of the Borough Code Enforcement Officer's denial. The Borough Council shall hear the property owner's appeal within 30 days of receipt of the appeal. The property owner may appeal any adverse ruling by the Borough Council within 15 days from the date the written decision by the Borough Council is received by the property owner to the Northampton County Court of Common Pleas as an appeal of a final decision of a governmental agency.
[Added 3-14-2013 by Ord. No. 2013-04]
Whenever a condition constituting a violation of this article is permitted or maintained, the Borough shall cause written notice to be served upon the owner in one of the following manners:
A. 
By making personal delivery of the notice to owners; or
B. 
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but, if no adult member of the family is found, then to an adult person in charge of such residence; or
C. 
By fixing a copy of the notice to the door at the entrance of the premises in violation; or
D. 
By mailing a copy of the notice to the last known address of the owner by certified mail.
[Amended 4-8-2010 by Ord. No. 2010-03; 6-14-2012 by Ord. No. 2012-08]
A. 
Any person, including the registered owner of any vehicle, who violates any provision of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $600, plus costs, and, in default of payment of such fine and costs, imprisonment for a term not exceeding 30 days.
B. 
Each day that a violation of this article continues shall constitute a separate offense.
C. 
When a law enforcement officer and/or a Code Enforcement Officer or his or her designee shall determine that a dumpster as defined in § 390-33 is being maintained on public or private property in violation of the terms of this section of this article, said law enforcement officer and/or Code Enforcement Officer or the respective Code Enforcement Officer designee shall notify the owner of the subject property according to sections of this article directing the owner to correct the violation and come into full compliance with the terms of this article within 10 days of receipt of notification that the dumpster has remained on public or private property in excess of the duration in the permit. In the event no action is taken, the Borough Law Enforcement Officer and/or Code Enforcement Officer or his or her designee shall be permitted to remove the dumpster. The Borough Council may direct the removal of the dumpster as the case may be and to certify the costs thereof to the Borough Solicitor. The Borough shall send notice of the cost to the property owner who shall pay said invoice within 10 days of receipt. In the event of failure to pay, pursuant to 53 P.S. 48401 the cost of such removal, repair or alterations shall be a lien upon such premises from the time of such removal, which date shall be determined by the certificate of the person doing such work, filed with the Borough. The Borough shall also have the right pursuant to 53 P.S. 48401 to pursue any other civil and/or equitable remedies permitted by law to obtain repayment of any and all costs incurred in enforcing this article.
[Added 3-14-2013 by Ord. No. 2013-04]