[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 12-2-2014 by Ord. No. 8-2014. Amendments noted where applicable.]
Junkyards; property maintenance; littering — See Ch. 60.
For the purposes of this chapter the following terms shall be defined as follows:
- DONATION BIN
- Any enclosed receptacle or container made of metal, steel, or a similar product, open to the public, and designed or intended for the donation and the temporary storage of clothing or other materials.
It shall be unlawful for any person, business, entity, or corporation, except the Borough of Pennsburg or other municipal agency, to maintain, place, empty, or remove, or cause to be maintained, placed, emptied, or removed, a donation bin without having first obtained a permit by the Borough Code Enforcement Department.
Before a permit for the placement of a donation bin shall be issued, an applicant must submit an application to the Borough Code Enforcement Department.
The application for a permit shall, at minimum, include the following:
Name and address of the owner of the property on which the donation bin is to be placed;
Name and address of the owner/provider of the donation bin (if different than the owner);
Identification number of the donation bin;
Expected date of placement;
Expected date of removal;
Location where the bin is to be situated, as precisely as possible;
Description of the clothing or other materials to be collected;
Manner in which the donated clothing or other materials collected via the donation bin would be used, sold, or dispersed, and the method by which the proceeds of donations would be allocated or spent;
Name, address, and telephone number of the bona fide office or person or entity which may share or profit from any donated clothing or material collected via the donation bin;
Written consent from the owner, lessee, or other person or legal entity in control of the property on which the donation bin is placed, to place a donation bin on the subject property;
Name, address, and telephone number of the bona fide office or person or entity which shall be responsible for the collection and pickup of the contents of the donation bin; and
The pickup schedule for the donation bin.
There shall be no fee for a charitable nonprofit entity or organization that has a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended, obtaining a permit.
There shall be an annual permit fee of $50 for any and all other person, business, entity, or corporation not otherwise provided for in Subsection 3C. Future changes to the permit fee shall be made by resolution of Pennsburg Borough Council.
A donation bin shall be located at the placement location specified in the application for a maximum of one year.
At the expiration of one year, the applicant may annually file for issuance of a new permit from the Borough Code Enforcement Office. There shall be no limit on the number of times an applicant may file an application for the issuance of a new permit, so long as the applicant complies with the requirements of this chapter.
A donation bin shall be easily accessible to the public and placed only in a well-lit area on a paved, gravel or stoned driveway or parking area, and not less than 20 feet from the curbline or edge of pavement of a public roadway. With proper cause, this requirement may be waived by the Code Enforcement Officer.
The placement of a donation bin shall not be in a manner which constitutes a safety hazard to persons or property.
The placement of a donation bin shall not encroach into drainage areas/easements or landscaping buffers, or the legal right-of-way, and shall not be placed so that a person lawfully using the sidewalk must detour into the street in order to go around the donation bin.
The donation bin shall be conspicuously marked with the name, address, and phone number of the applicant.
The donation bin shall be conspicuously marked with the name, address, and telephone number of the bona fide office or person or entity which shall be responsible for the collection and pickup of the contents of the donation bin.
A copy of the current effective permit shall be visibly attached to the donation bin.
A copy of the application for the permit filed with the Borough Code Enforcement Department.
Only one donation bin per property will be permitted at any time.
The donation bin shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the donation bin may not be accessed by anyone other than those responsible for the collection and pickup of the contents of the bin.
During all times the donation bin is in place and in use, the donation bin shall be maintained in a condition which will protect the contents from being displaced and/or causing litter on public or a private premises or creating dust, offensive odors, or other health hazards.
At all times the donation bin shall, when necessary, be provided with adequate restraints to prevent inadvertent movement from its original location and protected from high winds or severe weather conditions.
There shall be no defect or faulty design in the donation bin which might create a hazard to the general public, interfere with its operation, or inhibit the purpose which it is to be used.
No overflow of any material shall be permitted from the donation bin, nor shall any accumulation of any material next to the donation bin be permitted.
No donation bin shall be used to store solid waste, recyclable materials, business inventory, commercial goods for sale, or any illegal or hazardous material. Upon reasonable notice, the Borough may inspect the contents of any donation bin at any reasonable time to ensure that it is not being used to store such materials.
The contents of the donation bin shall be collected and picked up no less than once per week.
The applicant and the owner, lessee, or other person or legal entity in control of the property on which the donation bin is placed shall be jointly and severally liable for any violation of this chapter.
The applicant and the owner, lessee, or other person or legal entity in control of the property on which the donation bin is placed shall jointly and severally assume all risk of damage, and the Borough shall not be liable for any damage to the donation bin when the Borough is plowing snow, performing street cleaning, maintaining the street or other facilities, or performing other public functions.
The applicant and the owner, lessee, or other person or legal entity in control of the property on which the donation bin is placed shall be jointly and severally liable to the Borough for any amounts paid or incurred by the Borough consequent from claims, judgments, or settlements, and for all reasonable investigation costs and attorney's fees, resulting from the applicant's noncompliance with this chapter.
The applicant and the owner, lessee, or other person or legal entity in control of the property on which the donation bin is placed shall be jointly and severally liable for all damages to Borough property which may occur as a result of the placement or use of the donation bin.
Noncompliance with any of the requirements or provisions set forth in this chapter or any material false statement or omission made in connection with the application for a permit shall be grounds for revocation by the Borough of the permit issued pursuant to this chapter.
Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $100 per day, for each day the violation or noncompliance exists, plus costs of prosecution for each such violation along with any attorney's fees incurred by Pennsburg Borough. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter. Each provision of this chapter which is violated shall be considered a separate violation of this chapter. Such fine shall be in addition to any other fine which may be imposed under the provisions of any other ordinances of the Borough, Pennsylvania law, or federal law.
The rights and remedies of the Borough as prescribed by this chapter or otherwise by law with respect to the donation bin, and the criminal sanctions herein provided, shall be cumulative, and the pursuit of one shall in no way preclude simultaneous or subsequent pursuit of another.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared severable.
This chapter shall become effective immediately upon enactment.