[HISTORY: Adopted by the City Council of the City of Shamokin 11-4-1930 (Ch. 32 of the 1967 Code).
Amendments noted where applicable.]
From and after the passage of this chapter, no person, firm,
association or corporation shall be permitted to construct, install,
operate or maintain any pump, drawing-off or measuring device, or
any tank or container used for storage, handling, sale and dispensing
of air, gasoline or any other inflammable liquid, upon, under and
along the sidewalks or public thoroughfares of the Borough of Shamokin
(now City), until and unless a permit is first obtained from the Chief
Burgess (now Mayor) and the provisions and regulations of this chapter
are fully complied with.
[Amended 2-7-33]
Any person, firm, association or corporation desiring to erect,
install, maintain or operate any pump, drawing-off or measuring device,
or any tank or container used for the storage, handling, sale or dispensing
of air, gasoline or any other inflammable liquid, upon, under and
along the sidewalks or public thoroughfares of the Borough of Shamokin
(now City), shall make application, in writing, to the Borough Council
(now City Council) and to the Chief Burgess (now Mayor), which application
shall, in every instance, be signed by the applicant; the owner of
the premises immediately adjacent to and abutting the proposed location,
or the tenant, if not occupied by the owner; and by 2/3 of the owners
or tenants residing within a radius of 125 feet of the location proposed
for the said pump, drawing-off or measuring device; provided, however,
if any owner or tenant within 50 feet of the proposed location of
the pump, drawing-off or measuring device shall formally object to
the installation thereof, the application shall be refused. The said
application shall specify the size, location, design and method of
operating any such pump, drawing-off or measuring device, tank or
air container, and the applicant shall submit with the said application
satisfactory evidence that the proposed installation complies with
the laws of the Commonwealth of Pennsylvania and the laws of the Bureau
of Fire Protection of the Department of State Police; which said application
shall be filed with the Secretary of Borough Council (now City Council)
of the said Borough of Shamokin (now City).
[Amended 2-7-33]
Upon such application being present, by action of Council the
same may be referred to the Chief Burgess (now Mayor) and the Borough
Engineer (now City Engineer) for investigation, who shall make an
examination of the proposed location and the installation applied
for; shall ascertain whether or not the said application is properly
signed by the neighboring residents in compliance with this chapter;
shall determine whether the said installation is in full compliance
with the laws of the Commonwealth of Pennsylvania and the provisions
of all ordinances of the Borough of Shamokin (now City); and shall
ascertain whether the said installation will unduly interfere with
the ordinary use of the sidewalks or driveways of the Borough (now
City) streets. The Chief Burgess (now Mayor) shall report to the Council
the result of their findings, and upon favorable action of Council
on the petition, and upon report of the Chief Burgess (now Mayor)
and Borough Engineer (now City Engineer), Council may, by resolution
duly passed, approve the said application and direct the Chief Burgess
(now Mayor) to grant a permit for the installation of the said pump,
drawing-off or measuring device, tank or air container used for the
storage, handling, sale and dispensing of air, gasoline or any other
inflammable liquid. Upon the approval of such application by the Borough
Council (now City Council) and upon the payment of a fee of $100 for
each 550-gallon gasoline tank installed and for each pump installed,
the Chief Burgess (now Mayor) shall grant proper permits for the erection,
installation and operation of such pumps, tanks, drawing-off or measuring
devices, as well as pumps or tanks for the storage or furnishing of
compressed air.
All such tanks, pumps, drawing-off or measuring devices, and
air containers, shall be installed on the sidewalk immediately adjacent
to the curb. The holder or holders of a permit shall, immediately
after or in connection with such installation, restore the sidewalk
and curb to good condition. Upon the removal of any such pump, tank,
drawing-off device or measuring device, or air container, the sidewalk
where the same shall have been located shall immediately be replaced
in good condition by the holders of any such permit.
All permits granted under this chapter shall be effective from
the date thereof and for a period ending on the first Monday of January
succeeding the granting thereof, for which period the applicant shall
pay the sum of $1 per month. If the applicant desires thereafter to
continue the maintenance and operation of such pump, tank, drawing-off
or measuring device, or air container, the holder of such permit shall
present the same to the Chief Burgess (now Mayor), and, upon the payment
of a fee of $12, the Chief Burgess (now Mayor) shall endorse thereon
a renewal, or issue a new permit for a further period of one year,
ending on the first Monday of January of the following year.
All fees paid for permits and renewals for the maintenance and
operation of any such pumps, tanks, drawing-off or measuring devices,
or air containers, issued under the provisions of this chapter shall
be paid by the Chief Burgess (now Mayor) into the General Fund of
the Borough (now City) treasury.
No permit shall hereafter be granted for the erection or installation
of any pump, tank, drawing-off or measuring device or air container
at any location which shall be within 15 feet of any street intersection
or 20 feet of any fire hydrant, nor on any sidewalk which is four
feet or less in width.
All persons, firms, associations or corporations installing
any such pumps, tanks, drawing-off or measuring devices or air containers
shall first covenant, promise and agree to save, indemnify and keep
harmless the Borough of Shamokin (now City) of and from all liability,
suits, damages, claims and demands whatsoever on account of any acts,
omissions, matter or thing arising out of or connected in any way
with the erection, installation, maintenance or operation of such
pump, tank, drawing-off or measuring device or air container and to
comply with the provisions of this chapter and other Borough (nor
City) ordinances now in force or hereafter to be passed that are applicable
thereto.
Any permit granted under the provisions of this chapter may
be revoked or a renewal thereof refused by the Chief Burgess (now
Mayor), where it shall appear that any such pump, tank, drawing-off
or measuring device or air container has not been erected, installed,
maintained and operated in strict compliance with the laws of the
Commonwealth of Pennsylvania, the rules of the Bureau of Fire Protection
of the Department of State Police and the provisions of all ordinances
of the Borough (now City) applicable thereto, or where the removal
of such pump, tank, drawing-off or measuring device or air container
is necessary for the proper and convenient execution of any municipal
work.
The Chief Burgess (now Mayor) and Street Commissioner shall
make periodical inspections, at intervals of not less than six months,
of all pumps, tanks, drawing-off or measuring devices or air containers
within the Borough (now City) limits and shall report to the Council
any violations of the laws or rules committed or existing in connection
therewith and any causes found for revoking permits granted under
the provisions of this chapter.
[Amended 6-11-1990]
Any person, firm or corporation who shall violate or fail to
comply with any of the provisions of this chapter shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not less than $100 and not more than $300 and costs of prosecution
and/or suffer imprisonment for up to 180 days, or both. The continuation
of such violation for each successive day shall constitute a new and
separate offense, and the person or persons allowing the continuation
of the violation may be punished as provided above for each separate
offense.
The ordinance approved April 19, 1921, entitled "An Ordinance
of the Borough of Shamokin Providing for the Erection, Construction
and Maintenance of Gasoline Tanks and Air Stations on the Sidewalks
of the Borough of Shamokin, Pennsylvania, and to Provide for the Licensing
of the Same," together with all other ordinances or parts of ordinances
inconsistent herewith, be and the same are hereby repealed.