[Ord. 2148, 3/14/2016]
For the purposes of this Part, 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.
The Borough of Pottstown Licensing and Inspections Department.
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.
The person or entity that is issued a permit authorizing
placement of the donation bins.
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]
1.
Before a permit for the placement of a donation bin shall be issued,
an applicant must submit an application to the Licensing and Inspections
Department.
2.
The application for a permit shall, at minimum, include the following:
A.
Name and address of the owner of the property on which the donation
bin is to be placed;
B.
Name and address of the owner/provider of the donation bin (if different
than the owner);
C.
Identification number of the donation bin;
D.
Expected date of placement;
E.
Expected date of removal;
F.
Location where the bin is to be situated, as precisely as possible;
G.
Description of the clothing or other materials to be collected;
H.
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;
I.
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;
J.
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;
K.
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 the pickup schedule for the
donation bin.
L.
A certificate of liability insurance for each donation bin of not
less than $250,000.
M.
Each application shall be accompanied by a refundable deposit fee
in the amount of $500, to be used as a security deposit for each bin,
the amount of which may be changed from time to time by resolution
of the Borough Council. This escrow deposit fee shall be in addition
to any other fee imposed by the Borough pursuant to any other provisions
of this Part.
3.
There shall be a fifty-dollar annual permit fee for any and all other persons, businesses, entities, or corporations not otherwise provided for in § 1003, Subsection 4, below. Future changes to the annual permit fee shall be made by resolution of the Pottstown Borough Council from time to time.
4.
There shall be no annual permit fee for a charitable nonprofit entity
or organization that has a tax-exempt status under § 501(c)(3)
of the Internal Revenue Code, as amended.
5.
The L&I Department has 30 days to either approve or deny the
renewal from the date of the completed application and payment of
the renewal fee.
[Ord. 2148, 3/14/2016]
1.
A donation bin shall be located at the placement location specified
in the application for a maximum of one year.
2.
At the expiration of one year, the applicant may file for issuance
of a new permit from the Licensing and Inspection Department. 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 Part and pays the annual permit
fee.
[Ord. 2148, 3/14/2016]
1.
A donation bin shall be easily accessible to the public and placed
only in a well-lit area on a paved, gravel or stone 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.
2.
The placement of a donation bin shall not be in a manner which constitutes
a safety hazard to persons or property.
3.
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.
[Ord. 2148, 3/14/2016]
1.
The donation bin shall be conspicuously marked with the name, address,
and phone number of the applicant.
2.
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.
3.
A copy of the current effective permit shall be visibly attached
to the donation bin.
4.
A copy of the application for the permit filed with the Borough Code
Enforcement Department.
[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]
1.
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.
2.
At all times the donation bin shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from its
original location and to protect it from high winds or severe weather
conditions.
3.
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.
4.
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.
[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]
1.
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 Part.
2.
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.
3.
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 Part.
4.
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.
[Ord. 2148, 3/14/2016]
1.
Noncompliance with any of the requirements or provisions set forth
in this Part 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 Part.
2.
The L&I Department has the right to immediately suspend or revoke
a donation bin permit if:
A.
A necessary business permit or state registration has been suspended,
revoked or cancelled.
B.
There has been a failure to comply with the provisions of this Part,
or other provisions of any local, state or other code.
C.
The permittee provided false or misleading information on the application
which is material to the approval of the permit.
3.
Upon revocation, the donation bin shall be removed within 30 calendar
days, and if not removed, the Borough may remove, store and dispose
of the bin at the permittee's sole cost and expense.
4.
Upon revocation, a permittee shall be prohibited from applying for
a period of one year.
[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.
