(1) Definitions.
(a) The term construction equipment shall mean any construction dumpster, trailer, fencing, scaffolding, boom or lift, shelter platform or any other similar piece of equipment or machinery used in connection with any demolition, construction, cleaning, painting, building repair or similar process. It shall not include a motor vehicle licensed under the Pennsylvania Motor Vehicle Code.
(b) The term construction dumpster shall mean any container larger than a household trash can designed for the storage of any manner of waste, refuse or debris, not including any dumpster licensed pursuant to Section 10-722 or any other provision of this Code, used in connection with any demolition, construction, cleaning, painting, building repair or similar process and serviced by a private waste hauler. 122
(2) No person shall place or maintain on private property or in the public right-of-way, or lease for the purpose of placement on private property or in the public right-of-way, a construction dumpster for any purpose unless a construction dumpster license specifically applicable to such dumpster has been issued by the Department of Licenses and Inspections. 123
(3) The owner of a construction dumpster shall obtain such a license by providing the Department of Licenses and Inspections with identifying information regarding the dumpster and any additional information required by the Department by regulation. The annual fee for such license is seventy-five dollars ($75) per construction dumpster. The Department, upon issuing the license, shall also issue to the licensee a medallion that uses UHF radio frequency technology, or such other technology approved by the Department by regulation, to electronically transmit: (1) the license number; (2) the name and telephone number of the licensee; and (3) such other information as the Department requires. When the owner has obtained a "fleet license" pursuant to regulations established by the Department of Streets, the Department shall issue multiple medallions pursuant to the terms of the regulations, provided that the fee for a fleet license shall be seventy-five dollars ($75). 124
(4) No person, including the owner of the equipment, shall place, maintain, or cause to be placed any construction equipment, including any construction dumpster, in the public right-of-way unless a permit has been obtained from the Department of Streets valid for such time period as determined by the Department of Streets. The Department of Streets is authorized to promulgate regulations governing the terms and conditions for the issuance of such permits, which may provide for fees for the issuance of such permits. 125
(5) No person, including the owner of the equipment, shall place, maintain, or cause to be placed any construction equipment, including any construction dumpster, in the public right-of-way unless reflectors or similar devices designed to notify or warn drivers and pedestrians of the presence of such equipment have been affixed to the equipment. The Department of Streets shall promulgate regulations governing the size and format of such devices.
(6) Additional Duties of Construction Dumpster Owners and Users. 126 In addition to any other duties set forth in this Code or by regulation, owners of construction dumpsters and users of construction dumpsters shall have the following duties:
(a) Duties of Licensee. A licensee shall:
(.1) provide the Department of Streets with notification of placement of any construction equipment in the right-of-way, including provision of the corresponding right-of-way permit number, within one hour of such placement, through web-based electronic notification or such other manner as shall be established by the Department by regulation;
(.2) not place a construction dumpster in service unless the dumpster is licensed and has a validly issued medallion affixed to it. The licensee shall obtain a replacement medallion for a non-working medallion, which shall be affixed to the dumpster, before the dumpster is put back in use. Medallions issued to replace a lost medallion or a medallion that has ceased to function shall be issued at a fee, as determined by the Department of Licenses and Inspections by regulation, necessary to compensate the Department for the cost of producing and issuing the replacement medallion;
(.3) maintain the construction dumpster free of graffiti; and 127
(.4) maintain the construction dumpster in good repair, including by maintaining the paint of any painted dumpster in good condition.
(b) Duties of Dumpster User. A construction dumpster user shall:
(.1) keep the area around the dumpster clean and free of any refuse or overflow;
(.2) comply with regulations applicable to covering the dumpster when not in use; and
(.3) report the absence of a medallion, or significant damage to a medallion suggesting the medallion is inoperable, to the Department of Licenses and Inspections.
(7) The Department of Streets may provide exemptions from the permitting requirement of this Section to construction equipment placed in a protected construction site in connection with which a contractor has received a general permit to close the right-of-way, as further defined by regulation. 128
(8) Notwithstanding the provisions of subsection 11-609(2)(a), a notice of violation written in connection with this Section may direct immediate compliance with this Section. In addition to any other form of service permissible under this Code, service of notice of such violation is satisfied by posting on the construction equipment in violation of this Section. The City may seize any construction dumpster located in the public right-of-way that is not validly licensed and permitted under this Section. If the owner of such dumpster can be identified and appropriate contact information is readily available, 24 hours notice of intent to seize the dumpster shall be provided before seizure. Such dumpster shall be returned to the owner upon payment of: (i) the costs incurred by the City in seizing, transporting and storing the dumpster; and (ii) payment of a fine of one thousand five hundred dollars ($1,500), provided that the owner shall be entitled to recovery of the dumpster pursuant to the procedures set forth in Code Section 12-2406. 129
(9) A licensee under this Section shall be subject to license revocation, and shall be ineligible for renewal of a license, if such licensee has been ordered to pay a fine or fines in an amount of three hundred dollars ($300) or more and such fines remain unpaid more than 10 days after all appeals from such order have been exhausted. 130
Notes
| 121 | Added, Bill No. 020385 (approved May 29, 2003). |
| 122 | Amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 123 | Amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 124 | Amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 125 | Amended, Bill No. 080163 (approved June 4, 2008). |
| 126 | Added, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009, except that subsections 11-610(6)(a)(.2) and 11-610(6)(b)(.3) shall be effective July 1, 2010, all pursuant to Section 5 of Bill No. 090123-AAA. |
| 127 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
| 128 | Renumbered, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 129 | Renumbered and amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 130 | Added, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. Enrolled bill read, "...and shall ineligible...."; revised by Code editor. |