[HISTORY: Adopted by the City Council of the City of Nanticoke 3-4-2015 by Ord. No. 1-2015. Amendments noted where applicable.]
Sidewalk obstructions — See Ch. 450.
As used in this chapter, the following terms shall have the meanings indicated:
- MATERIAL COLLECTION CONTAINER
- Any container used to collect any type of material for resale or donation. Said containers exclude refuse or garbage containers.
- Any individual, partnership, corporation, association or LLC or similar entity.
Any person wishing to place a material collection container within the City of Nanticoke shall first file an application with the City of Nanticoke and provide a completed application form provided by the Code Enforcement Officer containing:
The name, address and telephone number of the owner of said material collection container;
The location of the container;
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
A site plan showing the location of the container.
The applicant shall pay a material collection container license fee to the City of Nanticoke in the amount of $50, and said license shall be valid for five years. The license shall be required for all containers which currently exist in the City or are hereinafter placed in the City.
The material collection container license shall be issued by the City of Nanticoke Code Enforcement Officer.
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.
It shall be the responsibility of the new owner of a material collection container to report the change in ownership of such 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 ensure 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:
No flammable or combustible materials nor any hazardous materials shall be placed in or around any existing or proposed material collection container, except for clothing, shoes or other items intended and permitted to be deposited in said container.
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 Nanticoke Code Enforcement Officer.
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 Nanticoke Code Enforcement Officer, who may confer with the City of Nanticoke Police Department, the City of Nanticoke 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.
It shall be unlawful for any person to place in or around any material collection container any item, including but not limited to garbage or refuse, which is not authorized or intended to be placed in such container.
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 Nanticoke, 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 a separate violation and offense.