[HISTORY: Adopted by the Borough Council of the Borough of
Old Forge 10-21-2014 by Ord. No. 9-2014. Amendments noted where applicable.]
A.
CLOTHING DROPOFF BIN (BIN)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A closed metal container having an opening through which
the public can deposit new or used clothing, books, or other nonperishable
items for storage until pickup by the authorized registrant.
B.
Permit and registration required.
(1)
Permit.
(a)
Any person, business entity or corporation wishing to place
or utilize a clothing dropoff bin within the Borough in a place that
is open to the public must obtain a permit from the Borough prior
to use thereof. It shall be unlawful for any person, business entity
or corporation, except the Borough or other municipal agency, to maintain,
place, or cause to be maintained or placed a clothing dropoff bin
without having first obtained a permit issued by the Borough Zoning
Officer. In the event that the clothing dropoff bin is to be placed
on property that is not owned by the applicant, the applicant must
submit proof of the written consent of the landowner on which the
bin is to be placed prior to issuance of a permit.
(b)
A laminated copy of the clothing dropoff bin permit shall be
affixed to every bin used by the permit holder. The permit shall be
placed on the same side of the clothing dropoff bin as the chute used
for the deposit of the clothing. Upon the sale or transfer of a bin,
a new permit issued to the new owner shall be affixed to the bin prior
to placing it in service.
(c)
A permit issued under this section shall be valid for a period
of one year and shall be renewable for one-year periods thereafter
upon written request of the applicant.
(2)
Registration. In applying for a clothing dropoff permit, the applicant
shall complete a registration application in such form as to be acceptable
to the Borough. Such application shall list: the name, address and
telephone number of the person, business entity, corporation or organization
applying for the permit ("applicant"); the proposed location/address
where the bin is to be placed; the name and telephone number of the
owner of the location at which the bin is to be placed ("landowner");
the name and telephone number of the individual who will be placing
the bin ("registrant"); information as to the manner and schedule
for which the bin is to be emptied or removed and destination of the
clothing to be removed from the bin.
C.
Placement and maintenance of clothing dropoff bins.
(1)
Each bin must identify, in clear lettering, the name and telephone
number of the entity responsible for maintenance of the clothing dropoff
bin.
(2)
The bin(s) shall be appropriately located so as not to interfere
with sight triangles, on-site circulation, required setbacks, landscaping,
parking and any other requirements that may have been imposed as part
of the site plan approval for the premises, and shall be placed on
a concrete surface.
(3)
The bin(s) shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
(4)
Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing being strewn about the surrounding area, outside of the clothing dropoff bin. The applicant shall be responsible for ensuring that donated clothing is not permitted to accumulate outside of the clothing dropoff bins. The failure to regularly empty a clothing dropoff bin of its contents and the failure to ensure that items are not permitted to accumulate outside of a clothing dropoff bin shall be a violation of this section, subject to the enforcement proceedings set forth in Subsection D below.
(5)
No perishable food shall be permitted to be collected or deposited
in clothing dropoff bins.
(6)
Clothing dropoff bins that are not in use for a period of greater
than six months or for which a clothing dropoff bin permit has expired
shall be removed by the applicant.
D.
Enforcement; penalties for violation; injunctions.
(1)
The owner, lessee, or other person or legal entity in control of
the property where the clothing dropoff bin is being maintained and
the person or entity which owns, maintains, or operates the clothing
bin in violation of this section shall be jointly and severally liable
for such violation(s) therefor.
(2)
The Borough of Old Forge Code Enforcement Officer is hereby authorized
to enforce the provisions of this section.
(3)
In the event that any person is in violation of this section, the
Code Enforcement Officer shall issue such person a written notice
of violation, directing and requiring them to take the appropriate
remedial activity. In the event that such violation is not corrected
within 15 days from the date of mailing of this first notice, a second
notice to abate the violation shall be issued. Failure to abate the
violation within 15 days of mailing the second notice shall constitute
a violation of this article. Any person who shall fail to correct
the violation referenced in the notice of violation within the time
period specified above shall be subject to a civil enforcement action
prosecuted by the Borough. Upon conviction thereof, such person shall
be sentenced to pay a fine not exceeding $1,000 and costs, and in
default of payment thereof, shall be subject to imprisonment for a
term not exceeding 30 days. Each day that a violation of this section
continues shall be considered a separate offense.
(4)
In addition to the above, the Borough may, in an appropriate case,
institute an injunction action in the name of the Borough to assure
compliance with the terms of this section.
