[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.
