[HISTORY: Adopted by the Borough Council of the Borough of Moosic as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-2008 by Ord. No. 13-2008]
As used in this article, the following terms shall have the meanings indicated:
- MATERIAL COLLECTION CONTAINERS
- Any container used to collect any type of material for resale or donation. Said containers exclude refuse or garbage containers.
- Any individual, partnership, corporation, association or LLC or similar entity.
Any person wishing to place a material collection container within the Borough of Moosic shall first file an application with the Borough of Moosic and provide: name, address and telephone number of owner of said material collection container; location of said container; name and address of owner of property where said material collection container shall be located; and a site plan showing the location of said container.
The applicant shall pay an application fee to the Borough established by the Council of the Borough of Moosic by resolution.
The permit shall be issued by the Borough Code Enforcement Officer.
Material collection containers are prohibited in all residential zones.
The owner of the material collection container and/or the owner of the property on which said material collection container is placed shall at all times keep said material collection container in proper upkeep including regular painting.
No material collection container shall be located closer than 10 feet from any commercial building and 30 feet from any residential building.
The owner of the material collection container and/or the owner of the property on which the material collection container is placed shall insure that the area around the container is kept free of any and all debris and that the area is properly landscaped.
All items for deposit in any material collection container shall be deposited inside said material collection container. It is unlawful to deposit material outside of any material collection container.
All material collection containers shall comply with the following requirements:
No flammable or combustible materials or any hazardous materials shall be placed in or around any existing or proposed material collection container.
All material collection containers shall be designed and constructed so at to reasonably prohibit unauthorized entry into the material collection container by any person or persons, including any small children. Such determination as to whether any existing or proposed material collection container meets this safety requirement shall be made solely by the Borough Code Enforcement Officer.
No material collection container shall be placed so that it impedes or causes to impede any vehicular or pedestrian traffic or emergency service vehicles or personnel, within or along any public right-of-way or any private property, including the property on which it is located. Such determination as to whether any existing or proposed material collection container meets this safety requirement shall be made solely by the Borough Code Enforcement Officer, who may confer with the Borough Police Department, the Borough emergency service personnel, the Borough Engineer or the Pennsylvania Department of Transportation prior to making such determination.
The permit granted hereunder shall not be transferable.
Any person who violates or permits a violation of this article, upon being convicted before a District Justice, shall pay a fine not exceeding $600, and any costs incurred by the Borough of Moosic, and in default of payment of the fine and costs, shall be subject to imprisonment in the Borough jail for a period not exceeding 30 days. Each day of the violation shall be considered a separate violation and offense.