[Ord. No. 3-2020, 9/14/2020]
The provisions of this chapter and rules and regulations of
the office of building inspection interpreting such provisions shall
become effective as hereinafter specified.
[Ord. No. 3-2020, 9/14/2020]
This chapter is hereby declared to be remedial and shall be
constructed to secure the beneficial interests and purposes thereof,
which are public safety, health and welfare, by providing a system
of specifications, regulations and licensing to ensure that the location
of waste dumpsters within a public right-of-way does not impede or
endanger the free flow of pedestrian or vehicular traffic within the
municipality; it is the intent and purpose to further protect the
health, safety and welfare of the general public of the municipality.
[Ord. No. 3-2020, 9/14/2020]
1.
Interchangeability. Words used in the present tense include the future;
words used in the masculine gender include the female and neuter;
and the singular number includes the plural and the plural the singular.
2.
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
3.
CARTWAY
CONSTRUCTION WASTE DUMPSTER
DUMPSTER
GARBAGE
NONCONSTRUCTION WASTE DUMPSTER
PERSON
PORTABLE STORAGE DEVICE
PUBLIC RIGHT-OF-WAY
RUBBISH
SIDEWALK
SIDEWALK AREA
TEMPORARY DUMPSTER
TREE LAWN
TREE LAWN AREA
Definitions. As used in this chapter, the following terms shall have
the meaning indicated:
That portion of the right-of-way designated for vehicular
use. This shall include both opened and unopened streets.
A unit designed for the deposit of waste materials at building
construction, repair or demolition sites, commonly located on a temporary
basis on a public right-of-way abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carry vehicle.
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 dumpsite; said term shall be inclusive of construction
and nonconstruction waste dumpters.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
A unit designed for the deposit of all types of rubbish materials,
excluding garbage, generated at sites other than building construction,
repair or demolition.
Any individual, firm or partnership, association, or corporation.
Any item placed in a street that is not a motor vehicle as
defined by the Pennsylvania Vehicle Code, or a temporary dumpster,
including, but not limited to, containers commonly known as "portable
storage devices" or "PODS®."
The width of a strip of land between property lines set aside
for public use or ownership as a street, alley, crosswalk, easement,
or other facility.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery, and similar
items.
That portion of the sidewalk area which is paved for pedestrian
use.
That area extending from the curbline to the property line
which is designated by the Municipal Engineer's office for pedestrian
use.
Any dumpster used or intended as a disposal facility for
construction, renovation, or demolition projects, special events,
seasonal use, or other purposes not permanent in nature.
That portion of the tree lawn area which is grass and/or
tree-lined.
That area extending from the curbline to the sidewalk area
which is designated by the Municipal Engineer's office for grass.
[Ord. No. 3-2020, 9/14/2020]
Regulations applicable to the permit requirements for the placement
of construction or nonconstruction waste dumpsters upon a public right-of-way
are as follows:
1.
It shall be unlawful for any person to place upon, cause to be placed
upon or permit to remain upon a public right-of-way a dumpster without
first obtaining a permit from the Wyoming Borough Manager or their
designee. 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 chapter.
2.
A permit shall be requested with the Borough Manager or their designee,
by the property owner or a licensed contractor employed in their respective
field by the property owner in connection with the placement of a
construction or nonconstruction waste dumpster.
3.
All permits issued shall cover only the work set forth in the permit
request; however, in the event that it is necessary to replace a dumpster
upon a public right-of-way prior to the completion of said work, additional
permits shall not be required.
4.
The placement of only one dumpster per job site upon a public right-of-way
shall be permitted at any one time.
5.
No permits shall be issued by the Borough management if, in their
opinion, the location and placement of this dumpster will create a
safety hazard to the use of the sidewalk area, tree lawn area or cartway
by pedestrians or vehicles.
6.
Upon the issuance of a dumpster permit by the Borough Manager, 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
copy.
7.
A permit for portable storage units is not required under this chapter.
[Ord. No. 3-2020, 9/14/2020]
A fee of $25 shall be paid for each dumpster permit issued by
the Borough management or their designee. All permits pursuant to
this chapter shall be valid for 30 days from the date of issue. If
a dumpster remains on the property past 30 days of the date of issuance
of the permit, a new permit must be obtained, or it shall be considered
in violation of the terms of this chapter.
[Ord. No. 3-2020, 9/14/2020]
A construction dumpster shall be permitted to be placed upon
a public right-of-way for a maximum period of 30 days during building
construction, repair or demolition projects for which a building permit
was secured from the Borough Manager or their designee. The Borough
management or the Chief of Police 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 dumpster; however, under no circumstances shall a dumpster be
permitted to be placed upon a public right-of-way exceeding 30 days.
Also, in no event shall a full dumpster be allowed to remain in the
public right-of-way, notwithstanding the time period specified above,
for more than 24 hours.
[Ord. No. 3-2020, 9/14/2020]
A nonconstruction waste dumpster shall be permitted to be placed
upon a public right-of-way for a maximum of 30 consecutive days. The
Borough management or Chief of Police 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 nonconstruction waste dumpster; however, under
no circumstances shall a nonconstruction waste dumpster be permitted
to be placed upon a public right-of-way exceeding 30 days. Also, in
no event shall a full nonconstruction waste dumpster be allowed to
remain in the public right-of-way, notwithstanding the time period
specified above, for more than six hours.
[Ord. No. 3-2020, 9/14/2020]
A portable storage unit shall be permitted to be placed upon
a public right-of-way for a maximum of 30 consecutive days. The Borough
management or Chief of Police 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 unit; however, under no circumstances shall
a portable storage unit be permitted to be placed upon a public right-of-way
exceeding 30 days.
[Ord. No. 3-2020, 9/14/2020]
Regulations applicable to the placement of construction or nonconstruction
waste dumpsters upon a public right-of-way are as follows:
1.
The placement of a portable storage unit, a construction or nonconstruction
waste dumpster 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.
2.
A portable storage unit, construction or nonconstruction waste dumpster
placed upon a public right-of-way shall not extend into a cartway,
nor impede or endanger the free flow of pedestrian or vehicular traffic.
3.
A portable storage unit, construction or nonconstruction waste dumpster
placed upon a public right-of-way shall not be placed within 15 feet
of a crosswalk at an intersection.
4.
A portable storage unit, construction or nonconstruction waste dumpster
placed upon a public right-of-way shall not be placed within 15 feet
of a fire hydrant.
5.
A portable storage unit, construction or nonconstruction waste dumpster
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.
6.
A portable storage unit, construction or nonconstruction waste dumpster
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,
and a standard barricade light shall be placed in operation on the
dumpster side nearest the travel lane of the public right-of-way from
sunset to sunrise.
7.
No public right-of-way shall be closed for the purpose of location
or utilization of a portable storage unit, construction, or nonconstruction
waste dumpster.
8.
The location and utilization of a portable storage unit, construction
or nonconstruction waste dumpster upon a public right-of-way shall
not be such as to constitute a safety hazard to person or property.
9.
The placement of a portable storage unit, construction or nonconstruction
waste dumpster shall not extend into the sidewalk area any more than
1/3 the width of the sidewalk area, but in no case more than three
feet.
10.
The placement of a portable storage unit, construction or nonconstruction
waste dumpster shall not extend into the tree lawn area unless approved
by the Borough management or Chief of Police.
11.
Where a portable storage unit, construction or nonconstruction waste
dumpster is placed upon a portion of public right-of-way within a
parking meter zone, authorization from the Wyoming Police Department
to bag the meter or meters must be secured for all affected meters,
at a fee of $10 per day, Monday through Saturday, per meter.
12.
The location and utilization of a portable storage unit, construction
or nonconstruction waste dumpster placed upon a public right-of-way
shall follow all other federal, state, and local statutes, rules,
and regulations applicable thereto.
[Ord. No. 3-2020, 9/14/2020]
Neither a portable storage unit, nor a dumpster shall not be
permitted to be placed upon a public right-of-way for the disposal
of garbage as defined in this chapter.
[Ord. No. 3-2020, 9/14/2020]
1.
Whenever the placement of a portable storage unit, dumpster or portable
storage unit 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 Borough management, Chief of Police, or their designees, shall
serve or cause to be served upon the owner or other person who may
have a vested or contingent interest in said waste dumpster a written
notice describing the unsafe or hazardous condition and ordering that
the same be made safe and secure or removed within 48 hours after
notice has been issued relative to the unsafe or hazardous condition.
2.
If the person to whom such notice and order is addressed cannot be
found after diligent search, then such notice and order shall be sent
by registered mail to the last known address of such person; and a
copy of such notice shall be posted in a conspicuous place on the
portable storage unit, or dumpster to which it relates. Such mailing
and posting shall be deemed adequate service.
3.
If the person served with a notice to make safe and secure or remove
the construction or nonconstruction waste dumpster should fail, within
the time frame specified by The Borough management or Chief of Police,
or their designees, to comply with the requirements thereof, The Borough
management or Chief of Police, or their designees, when authorized
by the Mayor, the Mayor's designee or Wyoming Town Council, whichever
is deemed appropriate, may have said waste dumpster removed from the
public right-of-way. Any costs incurred shall be paid by the Borough
of Wyoming.
4.
The Municipal Solicitor or other prosecuting authority shall institute
proper actions against the owner of the construction or nonconstruction
waste dumpster for the recovery of costs incurred by the municipality
in the performance of having said waste dumpster removed from the
public right-of-way.
5.
Any person aggrieved by the actions of the the Borough management,
Chief of Police, or their designees, may take an appeal to the Board
of Appeals within 10 municipal working days from the date notice to
make safe and secure or remove the waste dumpster is mailed. The Board
of Appeals shall convene a hearing as prescribed in this chapter.
[Ord. No. 3-2020, 9/14/2020]
1.
Any person who shall violate any of the provisions of this chapter
shall after having been served written notice shall be liable to a
fine of not less than $200 for each offense, and not more than $600
for each offense. Each day that said violation of unsafe condition
shall continue shall constitute a separate offense.
2.
The owner of a building, structure or premises where the violation
of this chapter shall be placed or shall exist, and the contractor
employed in connection therewith and who may have assisted in the
commission of such violation, shall each be guilty of a separate offense
and, upon conviction thereof, shall be liable to a fine of not less
than $200 per each offense and not more than $600 for each offense.
Each day that said violation or unsafe condition shall continue shall
constitute a separate offense.
[Ord. No. 3-2020, 9/14/2020]
1.
There is hereby established an Appeals Hearing Board to hear all
appeals provided for under this chapter. The initial appointment of
the Hearing Board Officers shall commence the term of service and
shall continue until December 31 of the year following the appointment.
Thereafter, all appointments shall be from January 1 through December
31. The Appeals Board shall be comprised of the following:
A.
One individual of the administrative branch of the municipal government
to be designated by the Mayor;
B.
One member of the legislative branch; a Council member, to be designated
by the Town Council; and
C.
One resident of the Borough of Wyoming, who is not a member of the
legislative or administrative branch of the municipal government of
Wyoming. This person shall be appointed to serve by the Mayor, with
the approval of Council.
2.
All appeals under this chapter must be made in writing to the Board
of Appeals and directed to them, care of the Municipal Secretary,
addressed to the municipal building. Such appeals shall be made in
writing and received by the Board of Appeals as indicated above no
later than the 10th municipal business day from the date the notice
of license suspension or revocation is mailed. Said written appeal
must specify the decision that is being appealed and state the reason
or reasons thereof and specify any facts in support of said appeal.
This written appeal must be accompanied by an affidavit. Also, the
appeal must be accompanied by a fee of $250, payable in advance to
the Borough of Wyoming for each appeal to be taken to cover the costs
of the notices of hearing, the hearing and in particular, the cost
of a stenographic record of the hearing. This fee shall be refundable
to the appellant in such instances where the Board of Appeals reverses
the decision of the Borough management, Chief of Police, or their
designees.
3.
The Board of Appeals shall schedule, within 30 days after a notice
of appeal has been filed as stated above, a hearing. The appellant
or his representative shall have the right to appear and be heard.
Any member of the Hearing Board shall have the authority to administer
oaths to any person who is to give testimony at any hearing before
the Board. A stenographic record of the hearing shall be made by the
Hearing Board. A written decision shall be made by the Appeals Board
within 20 municipal business days after the conclusion of said hearing.
The decision of the Appeals Board on such appeals shall be in writing
and contain findings of fact and conclusions of law. Said decision
shall be served on the appellant and The Borough management. Service
of said decision can be made by personally handing a copy to the individuals
or by regular mail, postage prepaid.
4.
Appeals from the Board can be taken within 30 days of the date of
the decision of the Board to the Court of Common Pleas of Luzerne
County. Said appeal to the Court of Common Pleas will be limited to
the Court reviewing the record made at the hearing given by the Appeals
Board, and the scope of review shall be limited to whether or not
the Appeals Board abused its discretion in rendering its decision.
The Appeals Board can only be reversed by the Court of Common Pleas
of Luzerne County if it is determined by said Court that the Appeals
Board had in fact abused its discretion. Appeals beyond the Court
of Common Pleas of Luzerne County shall be governed by the applicable
rules and laws pertaining to the same.
