[Adopted 4-6-1931]
From and after the passage of this article, it shall be unlawful
for any person, firm or corporation, whether as principal or agent,
to place, erect or maintain any gas tank, gas pump, oil tank, oil
pump or other like commercial facility on or under any public highway
of the Borough, including the sidewalks and curbs, except under the
following conditions:
A.
A permit must first be obtained from the Borough Manager, and a payment
of $1 made therefor, which permit shall be issued only after a vote
of the Borough Council directing the permit to be issued and only
after an application agreement has been signed by all parties interested
in such tank, pump or other articles as hereinafter provided.
B.
Said application agreement shall set forth in detail the purpose,
place, size and description of the tank, pump or other articles, and
the applicant shall agree therein that the work shall be done under
the supervision of a person designated by the Council and in accordance
with the provisions and requirements of the Borough and the laws and
requirements of the state; that such tank, pump or other article shall
be removed at his expense upon 30 days' notice from the Borough
Secretary, and upon his failure to so remove, that the Borough may
do so at his expense; that he will pay for the privileges granted
such license fee as the Borough may from time to time impose generally
upon such tanks, pumps or other articles; and that he agrees to assume
and pay all liability for damages to person or property by reason
of the installation and maintenance of such tank, pump or other article.
If the applicant is not the owner of the premises, such owner shall
execute an agreement to comply with all the agreements made by the
applicant in the event that the applicant fails so to do.
C.
Where tanks, pumps and articles are already installed and being maintained,
the Borough Manager may issue permits for their maintenance without
a vote of Council, provided that the applicant and other persons interested
in such maintenance shall comply with all the requirements set forth
above.
The permit granted under the foregoing section shall be temporary
only, and such tank, pump or other article shall be removed at the
expense of the property owner after 30 days' notice so to do.
Any such tank, pump or other article placed, erected or maintained
contrary to this article, or not removed upon the notice hereinbefore
provided, is hereby declared to be a public nuisance, and removable
as such, at the expense of the person, firm or corporation maintaining
the same.
From and after the passage of this article, any person or persons,
firm or corporation who shall install or maintain any gas tank or
tanks, gas pump or pumps, oil tank, pump, tanks or pumps, or other
article upon or under any public highway of the Borough of Towanda,
including the sidewalks and curbs thereof, shall pay a license fee
of $3 per pump or tank per year. One tank and one pump or either to
be treated as a unit for the purpose of this license fee.
No permit shall be granted or issued to any additional person,
persons, firm or corporation, for the installation of any gas tank,
gas pump, oil tank, oil pump or other like commercial facility, on
or under Main Street, including the sidewalks and curbs, between State
Street and Washington Street, nor to any except bona fide auto dealers,
garage and repair shops.
Any person, firm or corporation violating the provisions of
this article shall be subject to a fine of not less than $10 and not
more than $50, to be collected as fines and penalties are by law collected.
