[Ord. 2148, 3/14/2016]
For the purposes of this Part, 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.
L & I
The Borough of Pottstown Licensing and Inspections Department.
OWNER
The actual fee simple owner of the real property on which
the bin is located, whether that owner is an individual, partnership,
association or corporation.
PERMITTEE
The person or entity that is issued a permit authorizing
placement of the donation bins.
PERSON(S) RESPONSIBLE
A person, firm, partnership, association, corporation or
other legal entity who owns and is responsible for maintaining the
donation bin as well as the owner of the real property and/or the
permit applicant.
[Ord. 2148, 3/14/2016]
It shall be unlawful for any person, business, entity, or corporation
except the Borough of Pottstown 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
from the Borough Licensing and Inspection Department. The provisions
of this Part shall apply to all new and existing donation bins. With
respect to existing donation bins as of the effective date of this
Part, the person responsible therefor shall apply to the Borough for
a donation bin permit within three months of the effective date of
this Part. The failure to do so shall result in a violation and subject
such person to the enforcement remedies therein provided.
[Ord. 2148, 3/14/2016]
Only one donation bin per property will be permitted at any
time. A donation bin shall be limited to a maximum floor area of 36
square feet and a maximum of seven feet in height (or whatever the
acceptable standard is).
[Ord. 2148, 3/14/2016]
The donation bin shall be of the type that is 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. The donation
bin shall have a security or safety chute and tamper-proof lock to
prevent or deter intrusion and vandalism.
[Ord. 2148, 3/14/2016]
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.
[Ord. 2148, 3/14/2016]
The contents of the donation bin shall be collected and picked
up no less than once per week.
[Ord. 2148, 3/14/2016]
Any person who violates or fails to comply with any provision
of this Part shall, upon conviction, be sentenced to pay a fine of
not more than $600 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 Pottstown Borough. Each day or
portion thereof in which a violation exists shall be considered a
separate violation of this Part. Each provision of this Part which
is violated shall be considered a separate violation of this Part.
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.
[Ord. 2148, 3/14/2016]
The rights and remedies of the Borough as prescribed by this
Part 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.