[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 7-18-1994 by Ord. No. 94-33.
Amendments noted where applicable.]
[Amended 3-28-2005 by Ord. No. 04-188]
No property owner shall place or allow any person to place any collection
bins within the Township of Montgomery without first having obtained a permit
as herein provided.
As used in this chapter, the following terms shall have the meanings
indicated:
Any receptacle, container or device intended for the purpose of collection
or seeking collections or donations of articles of clothes, toys or other
like items.
A.Â
Every person desiring to place any collection bins within
the Township of Montgomery shall first make application to the Montgomery
Township Code Enforcement Office, Cowpath Road, Montgomeryville, Pennsylvania,
for a permit. If such person shall also be required to obtain a permit from
any commonwealth or county officer, he shall, on making such application,
exhibit a valid commonwealth and/or county permit. Said application shall
be upon a form provided by the Montgomery Township Code Enforcement Office
and shall contain at least the following information verified by oath or affirmation:
(1)Â
The full name of the applicant, local address and telephone
number, if any.
(2)Â
Permanent address and telephone number.
(3)Â
The address at which the applicant will receive notice
under this chapter.
(4)Â
The name of the organization for which the collections
are made.
(5)Â
The nature of the purpose of the donations and method
for distribution of the items collected.
(6)Â
Dates and locations within the Township where the collection
bins are to be located.
(7)Â
Method and schedule of collections and emptying of bins,
including name, address and telephone number of the person or company responsible
for collections.
B.Â
Attached to the application shall be a signed statement
by the property owner involved granting permission for the placement of the
collection bins, specifying the number of bins permitted and indicating by
way of a sketch drawing the permitted location.
C.Â
Permits will be issued for a period of one year.
No permit shall be issued under this chapter until a fee is paid to
Montgomery Township for transmittal to the Township Treasurer for the general
use of the Township. The fee shall be set by resolution of the Board of Supervisors
from time to time.
Any person, charitable corporation or organization possessing a federal
tax-exempt status shall be required to apply for the permit but shall not
be required to pay a fee.
A.Â
The placement of collection bins shall be limited to
C, S, LI and RS Zoning Districts.
B.Â
The collection bins shall be placed on the property in
a location agreed upon by both the applicant and property owner.
C.Â
The collection bins shall not be placed within any right-of-way or be in violation of any setback requirements for structures under Chapter 230, Zoning, of the Code of Montgomery Township.
D.Â
The collection bins shall not be placed within any designated parking spaces, obstruct any walkways, obstruct any clear sight distances at intersections or be placed within any green space area as defined by Chapter 230, Zoning.
E.Â
All collection bins shall have the name and telephone
number of both the permittee and the person or company responsible for emptying
the bins printed or posted on the bins.
Any permit issued for the purpose of placing collection bins may be
denied, suspended or revoked at any time upon proof that:
A.Â
The application for the permit contains false information;
B.Â
The permittee has been convicted of a crime of fraud
or a felony or a crime involving moral turpitude;
C.Â
The permittee has failed to comply with any rules of
conduct prescribed in this chapter; or
D.Â
Clothing or other articles or objects are left outside
of the bins.
A.Â
Any person found violating any provision of this chapter
shall be subject to a fine, upon conviction in a summary proceeding, of not
more than $600 and, in default of payment of said fine, shall be imprisoned
in the county prison for a period not exceeding 30 days.
B.Â
In addition to any other legal remedies available to
the Township in the event that collection bins are located within the Township
without a permit or are left in place after a permit has been denied, suspended
or revoked, the Township may confiscate the collection bins and cause it or
them to be removed to a place of storage. All costs of removal and storage
shall be the responsibility of the permittee or the person or entity owning
or leasing the collection bins or the person or entity at whose direction
the bins were placed within the Township.