[HISTORY: Adopted by the Borough Council
of the Borough of Monaca 8-22-2023 by Ord. No. 988. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Regulation
of Dumpsters and Portable Outdoor Storage Facilities in the Borough
of Monaca Ordinance."
The following definitions shall apply in the interpretation,
administration, and enforcement of this chapter:
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
solid waste materials.
All table, refuse, animal, and vegetable matter, offal from
meat, fish, fowls, fruits, vegetables 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.
Any garbage, refuse, or a combination thereof, as defined
by Pennsylvania law, which because of its quantity, concentration,
or its physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The Borough of Monaca, Beaver County, Pennsylvania.
A permit issued by the Borough authorizing the temporary
placement of a dumpster or portable outdoor storage facility in or
upon a public street, sidewalk or private property.
A person or legal entity that obtains or is required to obtain
a permit under this chapter.
Any natural person, firm, partnership, corporation, association,
limited-liability company, estate, trust or other legally recognized
entity.
The Monaca Borough Police Department, Monaca, Pennsylvania.
A portable device or container of 20 cubic yards or more
in size and intended for the storage of personal property. This does
not include recreational or work-related trailers.
Land, with or without a structure situated thereon, that
is owned, possessed, leased or otherwise under the physical or legal
control of a person.
A paved or unpaved footpath at the edge of a street for the
use of pedestrians.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Pennsylvania
Solid Waste Management Act of 1980 (see 35 P.S. § 6018.101
et seq.), as amended from time to time, and which Beaver County, the
Beaver County Solid Waste Authority or any contractor, by its ordinance
or regulation(s), is willing to accept at the plant; but excluding
any liquid waste or sludge; all wastes which are defined by existing
or future federal or state law or regulations as hazardous waste,
or industrial residual waste, any waste which may be marketable and
which is intentionally segregated for purposes of recycling and materials
specifically excluded under applicable county ordinances.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare located within the Borough.
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[1] or a dumpster, including, but not limited to, containers
commonly known as "portable storage devices," "stones," "mulch" and
"yard waste."
Monaca Borough Zoning Officer or Neighborhood Services Officer
or designee.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
No person, other than agents or employees of the Borough, shall
place, maintain, or use a dumpster or POD anywhere on their property
or on public throughfares or Borough streets without first having
obtained a permit from the Borough by filing an application with the
Zoning Officer or Neighborhood Services Officer, in a form to be hereafter
prescribed. The application fee for obtaining such a permit shall
be established by Borough Council by this chapter as set forth in
the application form[1] attached hereto and shall from time to time by resolution
change if Council deems appropriate. If the dumpster or POD is or
will be located on the street or within the cartway, the placement
of the dumpster or POD must be approved by the Zoning Officer or Neighborhood
Services Officer 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 dumpster
or POD by the applicant.
C.
All permits issued under this chapter shall be valid for a period
not to exceed a maximum of four weeks from the date of placement of
the dumpster or POD as stated in the application. The applicant must
notify the Zoning Officer or Neighborhood Services Officer of the
delivery of the dumpster or POD. If it becomes necessary to amend
the date of placement of the dumpster or POD, the applicant shall
notify the Zoning Officer or Neighborhood Services Officer.
D.
Upon expiration of the permit, the permittee may apply for one extension,
which may be granted if the aforesaid officer deems the extension
necessary and reasonable. The applicant must apply for an extension
at least five business days before the expiration of the original
permit. Any extension request for a permit, if granted, shall be limited
to an increment of no more than a two-week period.
E.
Permits issued pursuant to this section shall be nontransferable.
Permits may be used only by the permittee to whom originally issued
for the dumpster or POD at the location for which originally issued
as stated on the permit application.
[1]
Editor's Note: Said application form is included as an attachment to this chapter.
A.
No dumpster or POD shall be placed on any portion of a public pedestrian
sidewalk or walkway in the Borough.
B.
The placement of a dumpster or POD upon a street shall not extend
into the travel lane of traffic and shall only be done with the approval
of the Zoning Officer or Neighborhood Services Officer.
C.
A dumpster or POD placed upon a street shall be illuminated with
a warning light, light reflector or a reflectorized material on the
front and rear surfaces in such a manner as to indicate the height
and width of it and shall be visible for a distance of not less than
300 feet between the hours of sunset and sunrise.
D.
The location and utilization of a dumpster or POD upon a street shall
not be in a manner which constitutes a safety hazard to persons or
property.
E.
The location and utilization of a dumpster or POD upon a street shall
be in compliance with all federal, state and local laws, rules and
regulations applicable thereto, including but not limited to any highway
occupancy or other permit required by the Pennsylvania Department
of Transportation, in addition to the requirements of this chapter.
F.
The dumpster or POD shall be kept at least 20 feet away from any
crosswalk and from any intersection and must be placed so it does
not block the view of any motorist pulling into or from a street or
roadway.
G.
The dumpster or POD shall be conspicuously marked with the name,
address and telephone number of its owner and a copy of the current
effective permit shall be visibly attached to it.
H.
In all instances the dumpster or POD shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from the
original location. The need for restraints shall be determined by
Borough officials at the time the permit is issued.
I.
At all times, including those times when work is not being performed
in or at a dumpster, whether the same is placed on private property
or public property, the dumpster and its refuse contents must be maintained
in a manner to assure that the contents of the dumpster may not be
invaded or removed by animals, vermin, vandals, scavengers or trespassers
and in a manner to assure further that persons occupying residences
or other buildings or structures contiguous to, or adjacent to, the
dumpster location will not be annoyed by noxious odors, noise, airborne
pollutants or other elements or characteristics of the dumpster.
J.
When a dumpster is filled to capacity, it must be removed from the
Borough street or private property within 24 hours of that occurrence.
The dumpster shall be deemed to be filled to capacity when its contents
extend above the top edge of any wall of the dumpster or beyond the
edges of any door, hatch or other opening in the roof of any wall
of the dumpster. No overflow of any material shall be permitted from
the dumpster or POD, nor shall any accumulation of any material next
to the dumpster or POD be permitted. In addition, the Borough may
in its discretion require the placement of orange safety cones (18
inches to 24 inches high) at the comer of each dumpster or POD.
K.
Hazardous waste and garbage shall not be stored in a dumpster or
POD.
L.
The permittee shall execute an indemnity agreement, in a form acceptable
to the Borough, promising to indemnify, save harmless and defend the
Borough, its officials, agents, servants, and employees and each of
them, against and hold it and them harmless from any and all lawsuits,
claims, demands, liabilities, losses and expenses, including court
costs and reasonable attorney's fees for or on account of any
injury to any person or any damage to any property which may arise
or which may be alleged to have arisen out of or in connection with
the placement or utilization of a dumpster or street storage device
or portable outdoor storage facility on any street.
M.
Only one dumpster or POD per application will be permitted on any
street in the Borough.
N.
If a chute or similar device or object is to be used with a dumpster,
it must be reviewed and inspected by the Borough prior to its use.
O.
The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage to the dumpster or POD when the Borough
is plowing snow, maintaining the street or other facilities within
the street or performing other public functions. Should a snow emergency
be declared by the Borough, permittees shall immediately have the
dumpster or POD removed from the street.
P.
When placed upon a street a dumpster or POD must have a protective
barrier underneath its entire width and length that is, at a minimum,
1/2 inch thick.
Q.
The permittee shall be responsible for all damage to Borough property
which may occur as a result of the placement or use of the dumpster
or POD. If the permittee does not promptly repair any damage after
notice to do so from the Borough, the Borough may repair such damage
and recover the cost of doing so from the permittee.
R.
After the dumpster or POD has been removed, the permittee placing,
or causing to be placed, the dumpster or POD in the Borough shall
clean and restore the dumpster or POD location to the fullest extent
reasonably possible to the condition of that location and its surrounding
area as existed prior to placement of the dumpster or POD. If the
location area is not cleaned and restored within 24 hours of removal
of the dumpster or POD, the Borough shall cause the area to be cleaned
and restored and shall recover the total costs of such cleaning and
restoration, plus a 10% surcharge on the total amount, from the permittee.
A.
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 chapter
or any material false statement or omission made in connection with
the application for a permit shall be grounds for revocation by the
Zoning Officer or Neighborhood Services Officer, the Borough Chief
of Police, or their designee, of the permit issued.
B.
The Borough reserves the right to revoke any permit issued for a
dumpster or POD if any conditions of approval are not met or maintained
by the permittee. Upon notice of revocation, the permittee shall remove
the dumpster or POD within 24 hours of notice unless the Zoning Officer,
Neighborhood Services Officer, Borough Chief of Police or their designee
determines that, because of health and safety concerns, immediate
removal of the offending dumpster or POD is necessary, which, in that
case, the permittee shall immediately remove the dumpster or POD.
All dumpsters or PODs placed within the Borough without a permit
or upon expiration of a permit shall be removed immediately upon notice
issued by the Borough. The Borough may, at the expense of the permittee,
or owner or lessee of the property for which the dumpster or POD has
been put to use, remove or cause the removal of a dumpster or POD.
Any person who or which violates or fails to comply with any
provision of this chapter shall, upon conviction, be sentenced to
pay a fine of not less than $300 and not more than $1,000 plus costs
for each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this chapter. Each
provision of this chapter 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 provision(s) of any other ordinance(s)
of the Borough, Pennsylvania law or federal law. In default of payment
of any fine, such person shall be imprisoned for not more than 30
days.
In addition to or in lieu of the penalties provided in § 111-7 hereof, any violation(s) of the provision(s) of this chapter may be abated or enforced by proceedings seeking equitable relief against the violator.
If any provision of this chapter shall be determined to be unlawful,
invalid, void or unenforceable, then that provision shall be considered
severable from the remaining provision(s), which shall continue in
full force and effect.
Any ordinance or part of ordinance conflicting with such provisions
of this chapter is hereby repealed to the extent of such conflict.
This chapter shall be in full force and effect immediately upon
and after its final passage.
