[Adopted 1-12-2021 by Ord. No. 910]
In order to facilitate the primary purpose of public streets
for the use by vehicular and pedestrian traffic, Borough Council has
determined that reasonable regulation of the placement of dumpsters
or portable storage devices on public streets is necessary to protect
the health, safety and welfare of the general public.
For purpose of this article, the following definitions shall
apply:
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 (hereinafter referred to as "dumpster").
Any item placed in a street that is not a motor vehicle as
defined by the Pennsylvania Vehicle Code,[1] or a temporary dumpster, including, but not limited to,
containers commonly known as "portable storage devices" or "PODS®" (hereinafter referred
to as "PODs")
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 (hereinafter
referred to as "dumpster").
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
A permit from the Borough shall be required prior to the placement
and use of any dumpster or POD in a public right-of-way.
A.
Prior
to the issuance of any permit for any dumpster or POD, its location
and usage shall be reviewed and approved by the Borough.
B.
A permit
for a dumpster or POD shall be for an initial term of not more than
seven days. Provided the applicant is in compliance with all provisions
of this article and all other applicable Borough regulations, a renewal
permit may be approved and issued for an additional seven-day period
upon application and payment of a permit renewal fee. Thereafter,
another permit shall not be issued for the same location or job site
within the thirty-day window starting from the date the permit was
issued. The dumpster or POD shall be removed prior to the expiration
of any permit or permit extension.
The following requirements shall apply to any dumpster or POD
placed upon public streets or pedestrianways in the Borough:
A.
Sufficient
reflective tape shall be placed upon all four sides of the dumpster
or POD in such a manner as to make it visible at night.
B.
Each of
the dumpster or POD rollers or wheels (if any) must be placed upon
a wooden pad of at least six inches by six inches and at least 3/4
of an inch in thickness or on a similarly protective device in order
to prevent damage to the road surface.
C.
No dumpster
or POD shall be placed nearer than 15 feet to any fire hydrant within
the cartway or other area intended for firefighting equipment.
D.
The name,
address and telephone number of the dumpster or POD owner/operator
shall be conspicuously placed on at least two sides of the device.
E.
No dumpster
or POD shall be placed within the cartway of any street extending
a distance of more than nine feet from the curbline or edge of cartway.
F.
The location
of any dumpster or POD upon any public street shall not interfere
with any required clear sight distance across any intersection.
G.
The location
of any dumpster or POD upon any public street shall not obstruct any
pedestrian way or the travel lane of any public street.
H.
No dumpster
or POD shall be loaded in such a manner as to cause its contents to
spill onto any street, sidewalk, or other area intended for pedestrian
travel.
I.
No dumpster
or POD shall contain any hazardous waste unless pursuant to a permit
for such waste issued by the appropriate governmental entity.
J.
No materials
contained in a dumpster or POD shall emit any noxious or offensive
odor or otherwise create any hazard or risk to public health.
K.
No dumpster
or POD shall be placed in such a manner as to interfere with the operation
or maintenance of any public utility.
L.
The permit
shall be conspicuously placed in a location that permits it to be
identified from a public street.
M.
The placement
of any dumpster or POD shall be in accordance with all requirements
of the Commonwealth of Pennsylvania Motor Vehicle Code.
N.
If any
damage or injury to the cartway, curb or sidewalk shall be caused
or done by the use or occupancy of any street or road hereunder, the
party to whom such permit shall have been issued shall be responsible
and liable for the same and shall restore the cartway, curb and/or
sidewalk to its original condition. If the permittee refuses to properly
restore the cartway, curb and/or sidewalk to its original condition,
the Borough may do so and collect the cost of the same from the permittee.
Any person who violates any provision of this article shall
receive written notice of said violation, warning said party to take
action; if no action is taken within 24 hours, a summons may be issued.
Any person who violates any provision of this article shall, upon
conviction thereof, be punished by a fine not less than $100 nor more
than $1,000, plus court costs and reasonable attorneys fees incurred
by the Borough in enforcement proceedings. Upon judgment against any
person by summary conviction, or by proceedings by summons on default
of the payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not to exceeding 30 days. Each day that such violation
exists shall constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this article
in equity in the Court of Common Pleas of Montgomery County.
