[Ord. No. 6-2020, 9/8/2020]
1. 
Interchangeability. Words used in the present tense include the future; words used in the masculine gender include the female and neuter.
2. 
Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings as the context implies.
3. 
Definitions. As used in this Part, the following terms shall have the meaning indicated:
CARTWAY
Portion of the right-of-way designated for vehicular travel.
PERSON
Any individual, firm or partnership, association, corporation or other legal entity.
PUBLIC RIGHT-OF-WAY
The width of a strip of land between the property lines set aside for public use or ownership as a street, alley, crosswalk, easement or other facility.
SIDEWALKS
Portion of the walk area which is used for pedestrian travel.
SIDEWALK AREA
Area from the curblines to the property lines which is designated for pedestrian use.
STORAGE CONTAINER
A portable container designed to be transported by vehicle, unloaded onto the ground for loading and/or unloading of its contents and used for storage of goods.
TREE LAWN
Portion of the tree lawn area which is grass- and/or tree-lined.
TREE LAWN AREA
Area extending from the curbline to the sidewalk area which is designated for grass or trees.
[Ord. No. 6-2020, 9/8/2020]
1. 
It shall be unlawful for any person to place upon, cause to be placed upon or to permit to remain upon a public right-of-way a portable storage container without first filing with the Code Enforcement Officer an application, in writing, and obtaining a formal permit. The duration of such permit shall be stated thereon, and the continued validity of such permit shall be contingent upon full compliance with the regulations set forth in this Part.
2. 
An application for a permit shall be filed with the office of Code Enforcement by the property owner or occupant. An application must be signed by the property owner or occupant.
3. 
The placement of only one storage container per property upon a right-of-way shall be permitted at any one time, except in the event of an emergency concerning the public welfare.
4. 
No permits shall be issued by the Code Enforcement Officer if, in his or her opinion, the location and placement of the portable storage container will create a safety hazard to the use of the sidewalk area, tree lawn area or cartway by pedestrians or vehicles.
5. 
Upon the issuance of a portable storage container permit by the Code Enforcement Officer, the permit must be displayed in a conspicuous place in front of the premises plainly visible to passersby and kept there for the duration of the permit. The applicant is responsible for the maintenance of this permit and, should it be destroyed or removed, must immediately obtain another permit.
6. 
Permits will be issued only if the supplier of the portable storage container has registered with the Office of Code Enforcement and has provided the following documents:
A. 
A certificate of insurance, naming the Borough of Forty Fort as certificate holder, establishing that said contractor is currently covered by a reputable insurance company acceptable to the Office of Code Enforcement and the Borough of Forty Fort. The insurance shall cover said contractor in the amount of not less than $300,000 for general liability purposes. Said certificate shall be for continuous coverage. In the event that the insurance is canceled, the Office of Code Enforcement shall be notified, in writing, within 30 working days by said insurance company.
B. 
A certificate of workers' compensation insurance, naming the Borough of Forty Fort as certificate holder. In the event that a contractor is not obligated to maintain workers' compensation insurance, he shall be required to file a contractor affidavit form with the Office of Code Enforcement, affirming under oath that he is not obligated to maintain workers' compensation insurance.
C. 
An indemnity agreement in a form acceptable to the Borough of Forty Fort Solicitor, promising to save harmless and defend the Borough of Forty Fort, its officials, agents, servants and employees and each of them against, and hold it and them harmless from, any and all lawsuits.
[Ord. No. 6-2020, 9/8/2020]
A fee, in an amount as established from time to time by resolution of Borough Council, shall be paid for each portable storage container permit issued by the Code Enforcement Officer. The initial permit fee shall be $35 per container.
[Ord. No. 6-2020, 9/8/2020]
A fee, in an amount as established from time to time by resolution of Borough Council, shall be paid for registration of each portable storage container supplier. The initial registration fee shall be $50.
[Ord. No. 6-2020, 9/8/2020]
A portable storage container shall be permitted to be placed upon a public right-of-way for a maximum 15 consecutive days. The Code Enforcement Officer, for cause shown (i.e., such as inclement weather conditions which prohibit or delay work or other valid reasons of similar nature), shall have the discretion to approve a time extension for a portable storage container. However, under no circumstances is a portable storage container permitted to be placed upon a public right-of-way exceeding 30 days.
[Ord. No. 6-2020, 9/8/2020]
1. 
Regulations for the placement of portable storage containers upon a public right-of-way are as follows:
A. 
The placement of a portable storage container upon a public right-of-way must be temporary in nature and must be one that can be readily removed from the right-of-way.
B. 
A portable storage container placed upon a right-of-way shall not extend into a cartway in such a manner so as to impede the safe and free flow of vehicular or pedestrian traffic.
C. 
A portable storage container placed upon a public right-of-way shall not be placed within 20 feet of a crosswalk at an intersection.
D. 
A portable storage container placed upon a public right-of-way shall not be placed within 20 feet of a fire hydrant.
E. 
A portable storage container placed upon a public right-of-way shall bear the owner's name and telephone number displayed in a conspicuous place plainly visible to passersby and kept there for the duration of the permit.
F. 
A portable storage container placed upon a public right-of-way shall bear reflective markings in sufficient positions and with sufficient reflective capacity to provide reasonable warning to approaching nighttime traffic of its location.
G. 
No public right-of-way shall be closed for the purpose of location or utilization of a portable storage container.
H. 
The location and utilization of a portable storage container upon a public or private right-of-way shall not be such as to constitute a safety hazard to persons or property.
I. 
The placement of a portable storage container shall not extend onto the sidewalk.
J. 
The placement of a portable storage container shall not extend into the tree lawn area, unless approved by the Code Enforcement Officer.
K. 
The placement of a portable storage container shall not be permitted on the side of any public right-of-way, street, alley, road, drive, etc., where parking is prohibited.
L. 
The placement of a portable storage container shall not be permitted on any public right-of-way, street, or road designated as a snow emergency route from November 1 through March 31 each year.
M. 
The placement of a portable storage container shall have a standard barricade light placed in continuous operation on the container side nearest the travel lane of the public right-of-way.
N. 
The placement of a portable storage container upon Wyoming Avenue, also known as Route 11, shall have the following restrictions in addition to all previous placement regulations:
(1) 
All other public or private locations have been considered prior to requesting use of the Wyoming Avenue location.
(2) 
The Code Enforcement Officer may refuse placement of a portable storage container on Wyoming Avenue.
O. 
The location and utilization of a portable storage container placed upon a public right-of-way shall be in compliance with all other federal, state, and local statutes, rules and regulations applicable thereto.
P. 
The placement of a portable storage container upon a public right-of-way or private property shall not be placed within 10 feet of any structure.
Q. 
Damages to the public right-of-way that are caused by the placement, position, or removal of a portable storage container shall be repaired by the owner of the portable storage container. Repair of damage to the right-of-way must be completed within 10 days of removal of portable storage container. The cost of repairs shall be the owner's responsibility.
[Ord. No. 6-2020, 9/8/2020]
1. 
Whenever the placement of a portable storage container shall be found in violation of the placement regulations of this Part, the Code Enforcement Officer shall notify the permit holder and/or the owner of the portable storage container, in writing, describing the unsafe condition and ordering the same be corrected within 24 hours.
2. 
Whenever the placement of a portable storage container shall have been declared a safety hazard to the use of the sidewalk area, tree lawn area or cartway by pedestrians or vehicles by the Code Enforcement Officer or his designee, the permit holder and/or the owner of the container shall be notified to move the container to a location where it will not create a safety hazard. Such notification may be verbal or in writing.
3. 
If the person served with a notice to make safe and secure or remove the portable storage container should fail, within the time frame specified by the Code Enforcement Officer or his designee, to comply with the requirements thereof, or if the permit holder or container owner cannot be contacted, the Code Enforcement Officer or his designee, when authorized by the Borough Mayor or Council President, may have said portable storage container removed from the public right-of-way. Any costs incurred by the Borough shall be paid out of the general fund on certification by the Code Enforcement Officer or his designee.
4. 
The Borough Solicitor or other prosecuting authority shall institute proper actions against the owner of the portable storage container for the recovery of costs incurred by the Borough in the performance of having said portable storage container removed or moved to be made safe.
[Ord. No. 6-2020, 9/8/2020]
Any person, firm or corporation who shall violate any provision of this Part, or knowingly aiding, abetting or assisting in the violation hereof, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. Violations of this Part are eligible for handling under Forty Fort Borough Ticketing Ordinance.