[Adopted 5-18-2000 by Ord. No. 942]
For the purposes of this article, the following
terms shall have the meanings indicated:
Any container for refuse or recyclable materials including
a trash compactor used in the course of doing business to store refuse
with a gross volume of more than one cubic yard used by any person
licensed pursuant to this article in the conduct of licensee's business,
which are constructed of fire resistive metal, the lids of which are
securely attached to the body of the dumpster and when closed, for
a secure seal. Further, there shall be no holes in the bottom of said
dumpster except for a drainage hold, which must be kept plugged with
dumpster in not being cleaned.
The Engineer for the Borough of Media.
A written agreement between the Borough of Media and the
owner or business granting said owner or business a license to use
the public streets or right-of-way in connection with said business
as outlined in said agreement.
Any street, road, lane, court, cul-de-sac, alley, public
way or public square either for or intended for public use, and shall
include the cartway, sidewalk, gutter and/or the right-of-way area
owned in fee by the Borough.
Any means of ingress or egress onto a property or building,
having more than four risers and includes every open portion of a
stair, landing, balcony, porch, deck, ramp or other walking surface
which is more than 30 inches above the floor or grade.
Any means of ingress or egress onto a property or building
which shall be below the floor or grade of the property and has more
than four risers.
All boxes and conduit bodies used as outlet, junction or
pull boxes for utilities.
From and after the passage of this article,
it shall be unlawful for any property owner or business to place or
erect dumpsters, stairways and/or stairwells or utility equipment
box to be on or in the public streets or rights-of-way of the Borough
unless the property owner or business utilizing said dumpster, stairway
or stairwell or utility equipment box enters into a license agreement
with the Borough in the form as may be mandated, from time to time,
by the Borough.
A.
Dumpster. Any dumpster placed in the Borough public
street or right-of-way shall be housed within an enclosure constructed
in accordance with the specifications as set forth by the Engineer
and be placed at the location as specified by the Engineer for each
specific business or owner. At a minimum, said dumpsters shall be
enclosed within a wooden shadow box fence reinforced with tubular
steel with a height at least equal to that of the dumpster it is shielding
and no higher than six inches in excess of the height of the dumpster
that it is shielding, made of treated lumber with suitable gates and
shall be set on a four-inch 3,500 psi concrete pad with wire reinforcement.
Said fence shall be supported by four-inch-by-four-inch treated wooden
posts. Two or more businesses may share a dumpster.
[Amended 4-19-2007 by Ord. No. 1025]
B.
Stairways or stairwells. Any stairway or stairwell
placed in the Borough public street or right-of-way shall be constructed
in accordance with the specifications as set forth by the Engineer
and be placed at the location as specified by the Engineer for each
specific business or owner.
C.
Utility equipment box. Any utility box which is placed
in or overhangs into the Borough public street or right-of-way shall
be housed within an enclosure constructed in accordance with the specifications
as set forth by the Engineer for each specific business or owner in
accordance with the specifications set forth by the Engineer and the
latest edition of Article 370 - Outlet, Device, Pull and Junction
Boxes, Conduit Bodies and Fittings of the National Electric Code.
Each owner or business utilizing said dumpster,
stairway or stairwell or utility equipment box shall enter into a
license agreement with the Borough prior to placing or constructing
said dumpster, stairway or stairwell or utility equipment box in the
public street or right-of-way. Said license agreement shall be in
the form mandated, from time to time, by the Borough. However, at
a minimum, the license agreement shall be revokable at the will of
the Borough; the owner or business shall indemnify and hold harmless
the Borough of any and all injuries or claims that result from said
dumpster, stairway or stairwell or utility equipment box being in
the public street or right-of-way; and the owner or business shall
provide proof of liability insurance coverage naming the Borough as
an additional named insured.
A.
Any property owner or business who, in the sole discretion
of the Code Enforcement Office of the Borough, shall be in violation
of this article shall have 48 hours from receipt of written notice
of said violation to cure said violation.
B.
Failure to cure said violation of this article within
such time period shall subject both the property owner and business
in violation hereof a fine of not more than $100, plus costs of prosecution.
Each day said property owner or business is in violation of this article
shall be considered a separate and distinct violation.
C.
Upon failure to cure said violations, and in addition
to any fines, the Borough shall have the immediate right to take such
steps necessary to cure the violations and/or remove the offending
structure or item within the public street or right-of-way or otherwise
protect the public from a dangerous or unsafe condition without liability
for damages to or loss of any such property on the part of the Borough
and without compensation to the owner or business. All costs incurred
in correcting said violation shall be assessed as a fine against the
owner or business.
