CHAPTER 11-600. CONSTRUCTION, ENCROACHMENTS AND PROJECTIONS OVER, ON AND UNDER STREETS
§11-610. Construction Equipment. [84]
(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.
(2) No person shall place or maintain in the public right-of-way,
or lease for the purpose of placement 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. A copy of such license shall be affixed at all times to any
construction dumpster located within the public right-of-way.
(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 $60.00 per construction dumpster
to be located in the public right-of-way.
(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.
(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) 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.
(7) 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. Abatement of the
violation by the City may commence within a period of not less than 3 days from
the date of service of the notice. 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.