[Adopted 5-24-2023 by Ord. No. 2341]
The following definitions shall apply in the interpretation,
administration, and enforcement of this article.
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 and 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 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.
A permit issued by the Borough authorizing the temporary
placement of a dumpster, portable storage facility or container in
or upon a public street or public grounds.
A person or legal entity that obtains or is required to obtain
a permit under this section.
Any natural person, firm, partnership, corporation, association,
limited-liability company, estate, trust or other legally recognized
entity.
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.
Combustible and noncombustible waste materials, except garbage,
including the residue from burning or wood, coal, coke, and other
combustible materials, paper, rags, cartons, boxes, woods, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery, and dust, and other similar materials.
Any receptacle, container, motor vehicle, or trailer with
a storage capacity of 95 gallons or more used for the purpose of collecting
and storing garbage or rubbish. This includes, but is not limited
to, trailers, dump trucks, flatbed trucks, or trailers, and pickup
style trucks.
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.) and which the county, the York County Solid Waste Authority
or any contractor, by its ordinance or regulations, 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. Act 97 the Pennsylvania Solid Waste
Management Act of 1980, P.L. 380, No. 97,[1] as now or hereafter amended.
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 or a dumpster, including, but not limited to, containers
commonly known as portable storage devices, stones, mulch, and yard
waste.
The Borough of Hanover, York County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
No person, other than agents or employees of the Borough, shall
place, maintain or use a dumpster or street storage, on public property,
including public thoroughfares or Borough streets, without first having
obtained a permit from the Borough by filing an application with the
Code Enforcement Department in a form to be hereafter prescribed.
Any application fee for obtaining such a permit shall be established
by resolution of the Borough Council. If the dumpster or street storage
is or will be located on the street or within the cartway, the placement
of the dumpster or street storage must be approved by the Chief of
Police 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 street storage by the applicant.
C.
All permits issued under this section shall be valid for a period
of four weeks from the date of placement of the dumpster or street
storage, as stated in the application. If it becomes necessary to
amend the date of placement of the dumpster or street storage, the
applicant shall notify Borough authorities and four weeks will begin
with the actual placement of the dumpster or street storage.
D.
Upon expiration of permit, permittee may apply for one extension
which may be granted if the enforcement official 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 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 street storage at the location for which originally
issued as stated on the permit application.
A.
No dumpster, rubbish container, or street storage device shall be
placed on any portion of a public pedestrian sidewalk or walkway in
the Borough.
B.
The placement of a dumpster, rubbish container, or street storage
upon a street shall not extend into the travel lane of traffic.
C.
A dumpster, rubbish container, or street storage 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 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 permittee shall use Pennsylvania Department of Transportation
approved traffic cones to control and/or warn traffic approaching
a dumpster, rubbish container, or street storage:
E.
The location and utilization of a dumpster, rubbish container, or
street storage upon a street shall not be in a manner which constitutes
a safety hazard to persons or property.
F.
The location and utilization of a dumpster, rubbish container, or
street storage 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 section.
G.
The dumpster, rubbish container, or street storage 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 a roadway; and shall be kept at least 15 feet away from any fire
hydrant or other intended firefighting equipment.
H.
The dumpster, rubbish container, or street storage 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.
I.
During all times when the dumpster, rubbish container, or street
storage is in place and in use, a tarpaulin or other suitable weather-resistant
cover shall be placed over it in order to protect the contents from
being displaced and/or causing litter on public property or a private
premises or creating dust, offensive odors or other health hazards.
In all instances, the container shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from its
original location. The need for restraints shall be determined by
Borough officials at the time the permit is issued.
J.
At all times, including those times when work is not being performed
at the dumpster or rubbish container, the dumpster or rubbish container
and its refuse contents must be maintained in a manner to assure that
the contents of the dumpster or rubbish container 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 or
rubbish container.
K.
When a dumpster or rubbish container is filled to capacity, it must
be removed within 24 hours. The dumpster or rubbish container shall
be deemed to be filled to capacity when its contents extend above
the top edge of any wall of the dumpster or rubbish container or beyond
the edges of any door, hatch or other opening in the roof or any wall
of the dumpster or rubbish container. No overflow of any material
shall be permitted from the dumpster or street storage, nor shall
any accumulation of any material next to the dumpster or street storage
be permitted.
L.
Hazardous waste and garbage shall not be stored in a dumpster, rubbish
container, or street storage.
M.
Each application for a permit hereunder shall be accompanied by a
certificate or certificates of insurance, in a form approved by the
Borough Manager, issued by one or more insurance companies authorized
to do business within the Commonwealth of Pennsylvania certifying
that said company or companies have issued or have written the following
policies, which shall not be cancelled except on 15 days' advance
written notice to the Borough:
(1)
Comprehensive liability insurance shall be obtained and maintained
by the permittee in the amount of at least $100,000 for property damage
and personal injury, combined single limit, arising out of or in connection
with the placement or utilization of a dumpster or street storage
on any street, with the Borough being named as an additional insured
on said policy for such purpose.
(2)
If any item as listed in the definition section above is placed solely
on private property, a certificate of liability insurance will not
be required at the discretion of the Borough Manager.
N.
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 attorneys' 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 on any
street.
O.
Only one dumpster, rubbish container, or street storage per property
will be permitted on any street in the Borough.
P.
If a chute or similar device or object is to be used with a dumpster or rubbish container, it must be deemed structurally sound by the Borough or its designee, and liability insurance in the same amount and form as set forth in Subsection M above shall be provided.
Q.
The permittee shall assume all risk of damage, and the Borough shall
not be liable for any damage to the dumpster or street storage when
the Borough is plowing snow, maintaining the street or other facilities
within the street or performing other public functions. Should a snow
emergency or other emergency be declared by the Borough, permittee
shall immediately remove the dumpster, rubbish dumpster, or street
storage from the street.
R.
In the event of a state of emergency declared by the Borough, or
an emergency event as deemed by the Fire Chief or the Police Chief
that affects the area where a dumpster, rubbish container, or street
storage is located, the Borough reserves the right to remove, at the
permittee's expense, any dumpster, rubbish container, or street
storage which the Borough deems necessary to mitigate the emergency.
S.
The permittee shall be responsible for all damages to Borough property
which may occur as a result of the placement or use of the dumpster,
rubbish container, or street storage. 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 from the permittee.
T.
After the dumpster, rubbish container, or street storage has been
removed, the permittee placing the dumpster or causing its placement
in the Borough shall clean and restore the dumpster 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.
If the dumpster location area is not cleaned and restored within 48
hours of removal of the dumpster, then Borough officials shall cause
the area to be cleaned and restored and shall recover the total cost
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 section
or any material false statement or omission made in connection with
the application for a permit shall be grounds for revocation by the
Borough Manager, the Borough Chief of Police or their designee of
the permit issued pursuant to this section.
B.
The Borough reserves the right to revoke any permit issued for a
dumpster or street storage if any conditions of approval are not met
or maintained by the permittee. Upon notice of revocation, the permittee
shall remove the dumpster or street storage within 24 hours of notice
unless the Borough Manager, the Borough Chief of Police or their designee
determines that because of health or safety concerns, immediate removal
of the offending dumpster or street storage is required which, in
that case, the permittee shall immediately remove the dumpster or
street storage.
All dumpsters, rubbish containers, or street storage placed
upon a street in the Borough without a permit or upon expiration of
a permit shall be removed immediately upon notice issued by the Borough
or Hanover Borough Police Department. The Borough may at the expense
of the owner or lessee of the property or the permittee remove or
cause the removal of a dumpster or street storage.
Any person who or which violates or fails to comply with any
provision of this section shall, upon conviction, be sentenced to
pay a fine of not less than $500 and not more than $1,500 plus costs
for each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this section. Each
provision of this section 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 provisions of any other ordinances
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.
If any provision of this article shall be determined to be unlawful,
invalid, void, or unenforceable, then that provision shall be considered
severable from the remaining provisions which shall continue in full
force and effect.
Any ordinance or part of an ordinance conflicting with the provisions
of this article is hereby repealed to the extent necessary to resolve
such conflict.
Enacted and ordained by the Hanover Borough Council this 24th
day of May 2023.
