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.
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.
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.
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.