[HISTORY: Adopted by the Borough Council of the Borough of
Pennsburg 12-2-2014 by Ord. No. 8-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards; property maintenance; littering — See Ch. 60.
For the purposes of this chapter the following terms shall be
defined as follows:
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.
A.
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.
B.
The application for a permit shall, at minimum, include the following:
(1)
Name and address of the owner of the property on which the donation
bin is to be placed;
(2)
Name and address of the owner/provider of the donation bin (if different
than the owner);
(3)
Identification number of the donation bin;
(4)
Expected date of placement;
(5)
Expected date of removal;
(6)
Location where the bin is to be situated, as precisely as possible;
(7)
Description of the clothing or other materials to be collected;
(8)
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;
(9)
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;
(10)
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;
(11)
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
(12)
The pickup schedule for the donation bin.
C.
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.
D.
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.
A donation bin shall be located at the placement location specified
in the application for a maximum of one year.
B.
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.
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.
B.
The placement of a donation bin shall not be in a manner which constitutes
a safety hazard to persons or property.
C.
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.
A.
The donation bin shall be conspicuously marked with the name, address,
and phone number of the applicant.
B.
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.
C.
A copy of the current effective permit shall be visibly attached
to the donation bin.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
