[Adopted 8-12-2008 by Ord. No. 13-2008]
As used in this article, the following terms
shall have the meanings indicated:
MATERIAL COLLECTION CONTAINERS
Any container used to collect any type of material for resale
or donation. Said containers exclude refuse or garbage containers.
PERSON
Any individual, partnership, corporation, association or
LLC or similar entity.
Material collection containers are prohibited
in all residential zones.
The owner of the material collection container
and/or the owner of the property on which said material collection
container is placed shall at all times keep said material collection
container in proper upkeep including regular painting.
All items for deposit in any material collection
container shall be deposited inside said material collection container.
It is unlawful to deposit material outside of any material collection
container.
All material collection containers shall comply
with the following requirements:
A. No flammable or combustible materials or any hazardous
materials shall be placed in or around any existing or proposed material
collection container.
B. All material collection containers shall be designed
and constructed so at to reasonably prohibit unauthorized entry into
the material collection container by any person or persons, including
any small children. Such determination as to whether any existing
or proposed material collection container meets this safety requirement
shall be made solely by the Borough Code Enforcement Officer.
C. No material collection container shall be placed so
that it impedes or causes to impede any vehicular or pedestrian traffic
or emergency service vehicles or personnel, within or along any public
right-of-way or any private property, including the property on which
it is located. Such determination as to whether any existing or proposed
material collection container meets this safety requirement shall
be made solely by the Borough Code Enforcement Officer, who may confer
with the Borough Police Department, the Borough emergency service
personnel, the Borough Engineer or the Pennsylvania Department of
Transportation prior to making such determination.
The permit granted hereunder shall not be transferable.
Any person who violates or permits a violation
of this article, upon being convicted before a District Justice, shall
pay a fine not exceeding $600, and any costs incurred by the Borough
of Moosic, and in default of payment of the fine and costs, shall
be subject to imprisonment in the Borough jail for a period not exceeding
30 days. Each day of the violation shall be considered a separate
violation and offense.