[HISTORY: Adopted by the Borough Council of the Borough of Bridgeport 4-2-1940 by Ord. No. 153, became effective 5-7-1940 without the approval of the Mayor (Ch. 80 of the 1975 Code). Amendments noted where applicable.]
From and after the passage of this chapter it shall be unlawful for any person, firm, association or corporation to place, erect or maintain any gasoline, oil or other fuel tank and/or pump on or under the streets and highways of the Borough of Bridgeport, except under the following conditions.
Each person, firm, association or corporation heretofore having erected and installed and presently maintaining, or hereafter desiring to erect and install, a gasoline, oil or other fuel tank or pump along the streets and highways of the Borough of Bridgeport must first obtain from the Borough Codes Enforcement Officer a license, for which there shall be paid into the Borough treasury an annual license fee as set from time to time by resolution of the Borough Council for the first pump. The license fee shall be increased at a rate set by the Council for each additional pump. The licensee shall receive from the Codes Enforcement Officer a license, consecutively numbered, which shall specify the name of the licensee or licensees and the location of the pump by street and number, which license shall entitle such licensee or licensees to operate such pump or pumps. The license shall be in force until April 30, 1941, and shall thereafter date from the first day of May in the year in which said license is issued and shall terminate on the 30th day of April of the subsequent year. In no case is the license transferable without the consent of the Borough Council.
Before such license shall be granted, a written application shall be made to the Borough Council requesting such a license, which application shall contain the name of the applicant, the place where such pump is now located or where it is desired to erect a new one and, in such case, the name or names of the owner or owners of the property. Each application must be approved by Borough Council before a license can be issued, and in any case where the licensee or licensees are tenants of the premises, the consent of the owner or owners of the property must be endorsed upon the application.
The location of the pump, character of construction, design and connection with the storage tanks (which tanks at no time shall be placed in the streets or under the sidewalks, and shall be in accordance with state regulations) shall be under the direction and supervision of the Street Commissioner of the Borough of Bridgeport. Such storage tanks shall be so constructed and connected as to provide against danger from explosion and fire, and the pumps and attachments shall at all times be kept clean, well painted and in good condition and be regularly inspected by the Street Commissioner.
On no part of the pumps or other attachments shall any advertisement be placed, except that it is permitted to designate the name of the gasoline or motor fuel that will be delivered from the pumps. The position, size and character of said name shall be subject to the approval of the Street Commissioner.
Before the license shall be effective, each applicant must enter into a written agreement with the Borough of Bridgeport to comply with the provisions of this chapter and to be responsible for all damage to persons and property in the location, use and operation of the pumps and storage tanks. The applicant shall enter also into a bond with the Borough of Bridgeport in the sum of $2,500 with sureties to be approved by the Borough to indemnify the Borough of Bridgeport against any damages that may be sustained by persons or to property by reason of the location, use and/or operation of the pumps and storage tanks and attachments. This section shall likewise apply to all persons, firms, associations and corporations operating such pumps and having such storage tanks at the time of the enactment of this chapter.
The license granted under the foregoing sections shall be temporary only, and the tanks, pumps or other articles shall be removed at the expense of the property owner or owners after 30 days' notice to do so from the proper Borough official.
Any tank, pump or other article placed or maintained contrary to this chapter or not removed after the notice herein provided is hereby declared to be a nuisance and removable as such.
A failure to comply with the provisions of this chapter by the holder or holders of the license shall work a revocation of said license, and the Borough of Bridgeport is directed to notify in writing such holder or holders to immediately cease the use of the pumps and attachments and to remove them from the street or highway. Upon failure to comply with such written notice within 30 days from the service thereof upon the licensee and the owner or owners of the property, the Borough Solicitor shall institute proper legal proceedings to cause the disconnection and removal of the pump and/or storage tank and all attachments. Thereafter said pumps and all storage tanks and all attachments shall not be connected or replaced without the consent of Borough Council.
[Amended 8-12-1975 by Ord. No. 419, approved 8-15-1975; 3-14-1989 by Ord. No. 507, approved 3-14-1989]
Any person who shall be convicted of a violation of any of the provisions of this chapter before any Magisterial District Judge shall be punishable by a fine of not more than $1,000 and costs of prosecution or by imprisonment in the county jail for a term not to exceed 30 days, or by both such fine and imprisonment. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for such separate offense.