[HISTORY: Adopted by the City Council of the City of Pittston 8-17-2011 by Ord. No. 2011-11. Amendments noted where applicable.]
As used in this chapter, 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.
[Amended 2-20-2013 by Ord. No. 2013-2]
A. 
Any person wishing to place a material collection container within the City of Pittston shall first file an application with the City of Pittston and provide a completed application form provided by the Code Enforcement Officer and containing:
(1) 
The name, address and telephone number of the owner of said material collection container;
(2) 
The location of the container;
(3) 
The name and address of the owner of the property where said material collection container shall be located, and written permission from the owner of the property allowing placement of the container; and
(4) 
A site plan showing the location of the container.
B. 
The applicant shall pay a material collection container license fee to the City of Pittston, in an amount as set by resolution of the City Council, and such fee shall not be prorated for licenses issued after January 1.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The material collection container license shall be issued by the City of Pittston Code Enforcement Officer.
D. 
The name of the licensee and a contact telephone number to call if there are any problems shall be affixed to the exterior of each material collection container.
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, and insure that the area around the container is kept free of any and all debris.
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. It is also unlawful for the owner of the material collection container and/or the owner of the property on which a material collection container is placed to permit or allow any items to be placed/deposited/remain outside of the 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 as 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 City of Pittston 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 City of Pittston Code Enforcement Officer, who may confer with the City Police Department, the City emergency service personnel, the City 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 chapter, upon being convicted before a Magisterial District Judge, shall pay a fine not exceeding $1,000, plus any costs incurred by the City of Pittston, and, in default of payment of the fines and costs, shall be subject to imprisonment for a period not exceeding 30 days. Each day of the violation shall be considered separate violations and offenses.