Dumpsters and portable storage containers are a necessary part
of the residential and business community of the Borough of Palmyra.
If left unregulated, dumpsters and portable storage containers can
create problems which can have a detrimental impact on the health,
safety, and welfare of the community. Dumpsters and portable storage
containers can hinder pedestrian and vehicular traffic flow and create
dangerous conditions by obstructing sidewalks and streets and can
create an appearance of disorder and economic blight. Council has
determined that the regulation of dumpsters and portable storage containers
within the Borough will promote the health, safety, and welfare of
the community by preventing hazards associated with these devices,
by facilitating pedestrian and vehicular traffic flow and by eliminating
a nuisance that creates the appearance of inefficiency and economic
blight.
The following definitions shall apply in the interpretation,
administration, and enforcement of this article:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980, P.S.
380, No. 97, as now or hereafter amended.
GARBAGE
All table, refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetable and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
HAZARDOUS WASTE
Any garbage, refuse or a combination thereof, as defined
in Act 97, which because of its quantity, concentration, or its physical,
chemical or infectious characteristics, may:
A.Â
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
B.Â
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
PERMITTEE
A person who obtains or is required to obtain a permit under
this article.
PERSON
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
STREET
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Borough.
STREET STORAGE
Any item placed in a street for a period in excess of 48
consecutive hours that is not a motor vehicle as defined by the Pennsylvania
Vehicle Code or a waste dumpster, including, but not limited to, containers
commonly known as portable storage devices, stones, mulch, and yard
waste.
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 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, other than agents or employees of the Borough, shall
place, maintain or use a waste dumpster or street storage, on public
property, including public thoroughfares, without first having obtained
a permit from the Borough by filing an application with the Borough
in a form to be hereafter prescribed. Any application fee for obtaining
such a permit shall be established by ordinance or by resolution of
the Borough Council. If the waste dumpster or street storage is or
will be located on the street or within the cartway, the placement
of the waste dumpster or street storage must be approved by the Chief
of Police or his/her designee.
A. The permit application is considered complete when all required information
is provided on the permit application and any applicable fee is paid.
B. The permit must be issued prior to the placement of the waste dumpster
or street storage by the applicant.
C. All permits issued under this article shall be valid for a period
of 10 working days from the date of placement of the waste dumpster
or street storage, as stated in the application. If it becomes necessary
to amend the date of placement of the waste dumpster or street storage,
the applicant shall notify Borough authorities and the 10 days will
begin with the actual placement of the waste dumpster or street storage.
D. An applicant may apply for an extension of the ten-working-day period,
to be granted by the enforcement official in increments of 10 working
days, if the enforcement official deems the extension necessary and
reasonable. The applicant must apply for an extension at least three
days before the expiration of the original permit.
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 article or any material false statement or omission made in
connection with the application for a permit shall be grounds for
revocation by the Borough Manager, the Borough Chief of Police or
their designee of the permit issued pursuant to this article.
The Borough may at the expense of the owner or lessee of the
property or the permittee remove or 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 article 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 article. Each
provision of this article 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 imprisonment for not more than 30
days.
In addition to or in lieu of the penalties provided in §Â
314-52 hereof, any violations of the provisions of this article may be abated or enforced by proceedings seeking equitable relief against the violator.
[Added 5-8-2018 by Ord.
No. 784]
A. No person shall place or allow to be placed any item within the public street right-of-way, including but not limited to garbage, refuse, furniture, or merchandise. This prohibition shall not apply to the placement of refuse and recyclable materials for collection in accordance with Chapter
305, Solid Waste, and also shall not include the temporary obstruction of a street or sidewalk to facilitate loading or unloading of personal property, goods, wares or merchandise.
B. The owner of each property abutting a public street right-of-way shall maintain vegetation so that hedges, shrubs, or other plant matter does not extend into the right-of-way in a manner which obstructs sidewalks, alleys, or cartways. This prohibition shall not apply to trees maintained in accordance with Chapter
337.