(a) Definitions. As used in this section:
(1) “Highway” means any public street, avenue, alley or other thoroughfare within the Borough of Ellwood City.
(2) “Permittee” means a person who obtains or is required to obtain a permit under this section.
(3) “Person” means any natural person, firm, partnership, corporation, association or similar entity.
(4) “Waste dumpster” means a unit designed for the deposit of waste materials at a building, commonly located on a temporary basis on a highway abutting the site and transportable to and from the site for purposes of disposal of its contents by means of a carrying vehicle.
(b) Permit Required. No person shall place upon, cause to be placed upon or permit to remain upon a highway a waste dumpster without first obtaining a permit therefor from the Borough Zoning Officer or his or her designee. The duration of such permit shall be thirty days, and the continued validity of such permit shall be contingent upon full compliance with the regulations set forth below. The permit must be displayed in a window facing the highway.
(c) Permit Fee. The fee for a permit pursuant to this section is twenty-five dollars ($25.00). An additional fee of twenty-five dollars ($25.00) is required for every parking meter space taken up by a dumpster. There shall be no fee for any waste dumpster placed on private property.
(d) Placement and Use Regulations.
(1) A waste dumpster placed upon a highway shall not extend substantially into the travel lane.
(2) A waste dumpster placed upon a highway shall bear reflective markings in sufficient positions and with sufficient reflective capacity to provide reasonable warning to approaching nighttime traffic to its location.
(3) No highway shall be closed for the purpose of location or utilization of a waste dumpster.
(4) Location and utilization of a waste dumpster upon a highway shall not be such as to constitute a safety hazard to person or property.
(5) Where a waste dumpster is placed upon a portion of a highway within a parking meter zone, the Borough Police Department must approve the location.
(6) Location and utilization of a waste dumpster upon a highway shall be in compliance with all other federal, state and local statutes, rules and regulations applicable thereto.
(7) Liability insurance shall be maintained by the permittee in at least the amounts of three hundred thousand dollars ($300,000.00) for personal bodily injury or death to any one person; five hundred thousand dollars ($500,000.00) for personal bodily injury or death aggregate per single accident or occurrence; one hundred thousand dollars ($100,000.00) for property damage per occurrence and one hundred thousand dollars ($100,000.00) for property damage aggregate arising out of or in connection with the placement or utilization of the waste dumpster on the highway with the Borough being named as an additional insured on said policy for said purpose.
(8) All waste dumpsters having a height of four feet or less must be covered by a tarp to protect rodents, vermin, animals and others from entering.
(9) The permittee shall execute an indemnity agreement, in a form reasonably 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 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 the waste dumpster on the highway.
(10) Only one waste dumpster per property will be permitted on any highway of the Borough.
(11) Waste dumpster shall be clearly marked with the owner’s name, address and telephone number.
(12) If a chute or similar object is constructed to be used with a waste dumpster, it must be deemed structurally sound by the Borough’s Zoning Officer or designee and an insurance liability insurance certificate in the same amounts as specified in division (d)(7) shall be provided.
(e) Revocation of Permit. Without limitation as to utilization of any other remedy or action available to the Borough, at law or in equity, civil or criminal, noncompliance with any of the regulations set forth in this section shall be grounds for revocation by the Borough Zoning Officer, Police Department, or his or her designee of the permit issued pursuant to this section as shall any material false statement or omission made in connection with the application for the permit.
(f) Violations and Penalties. Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than three hundred dollars ($300.00) and costs of prosecution for each and every offense and, in default of payments of such fine and costs, to imprisonment for not more than thirty days, provided that each day's violation of any of the provisions of this section shall constitute a separate offense.
(Ord. 2274. Passed 4-16-01; Ord. 2572. Passed 6-17-20.)