[HISTORY: Adopted by the City Council of the City of Nanticoke 3-4-2015 by Ord. No. 1-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Sidewalk obstructions — See Ch. 450.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A.
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:
(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 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.
C.
The material collection container license shall be issued by the
City of Nanticoke 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.
E.
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:
A.
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.
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 Nanticoke 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 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.
