[Ord. 901, 10/12/1995, § 1]
The Borough Council finds:
That certain public streets and sidewalks in the Borough are subject to periodic obstruction by the placement thereon of dumpsters as herein defined.
That reasonable regulation of congestion and obstructions on public streets and sidewalks in the Borough is necessary to protect the safety of persons or property.
[Ord. 901, 10/12/1995, § 2]
- The Borough of Shillington, Berks County, Pennsylvania.
- Any container used for the purpose of temporarily holding materials. Garbage or any other form of plant matter are excluded from the terms of this Part.
- A property owner or agent thereof who leases a dumpster.
- One who rents a dumpster or dumpsters to another.
- One who owns a dumpster or dumpsters.
- Any individual, firm, partnership, association, corporation or similar entity.
- PUBLIC STREET
- A street which is a part of the general road and street system of the Borough.
- A sidewalk parallel to a street forming a part of the public road or street system of the Borough.
[Ord. 901, 10/12/1995, § 3]
Dumpsters shall be of a size not wider than eight feet nor longer than 23 feet. All dumpsters shall be well painted, be in a good state of repair and shall be clean and free of offensive odors. The dumpster owner and/or lessor shall place and maintain on the outside of each dumpster flashing devices, or reflectors or reflective tape, of sufficient size and location to warn vehicular and pedestrian traffic of the location of such dumpster. Further, the dumpster owner and/or lessor shall place and maintain on the outside of each dumpster, in legible letters not less than one inch in height, its name or logo, telephone number and the current Borough dumpster permit number.
[Ord. 901, 10/12/1995, § 4]
No person shall put, place, maintain, erect, or cause or allow it to be put, placed or erected any dumpster upon the public streets and/or sidewalks in the borough, except that dumpsters incidental to construction, rehabilitation or demolition work may be put, placed or erected upon any public street or sidewalk; provided, that a hold harmless agreement is executed and that adequate proof of liability insurance is established as required in § 21-606 of this Part; and, provided that the location of such dumpster is approved by the Code Enforcement Officer of the Borough who shall issue a permit for a period of time not to exceed 30 consecutive days.
[Ord. 901, 10/12/1995, § 5; as amended by Ord. 1025, 10/14/2004]
The price for a Borough dumpster permit shall be in an amount as established from time to time by resolution of Borough Council. Permits may be renewed for thirty day increments at the sole discretion of the Code Enforcement Officer of the Borough if, in his opinion, the work has not been completed or abandoned or if it is deemed to be in the best interests of the public. The cost of a renewed dumpster permit shall be equal to the cost of the initial dumpster permit.
[Ord. 901, 10/12/1995, § 6]
Prior to the issuance by the Borough of any permit or other authority to put, place or erect a dumpster upon a public street or public sidewalk in the Borough, the dumpster owner and/or lessor shall execute a hold harmless agreement in such form as the Borough shall provide, guaranteeing to defend, protect and compensate the Borough as the result of any cause of action which may be brought or perfected against the Borough in connection therewith; or shall deposit with the office of the Manager of the Borough a certificate of insurance acceptable to the Borough Solicitor covering such owner and/or lessor of the dumpster.
[Ord. 901, 10/12/1995, § 7; as amended by Ord. 1025, 10/14/2004]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay 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 shall constitute a separate offense.