Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 7-11-1990 by Ord. No. 90-9. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 109.
Health and sanitation — See Ch. 168.
Property maintenance — See Ch. 221.

§ 248-1 Definitions.

The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
ALUMINUM CANS
Empty all-aluminum beverage and food containers which contain or formerly contained only nonaerosol edible substances.
ASHES
The residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating and cooking. It shall not include the cinders produced in steam generating plants.
BIMETAL CONTAINERS
Empty containers comprised of aluminum and steel or tin and steel which contain or formerly contained only nonaerosol edible substances.
BOROUGH
The Borough of Chambersburg, Franklin County, Pennsylvania, or the Mayor and Town Council of the Borough of Chambersburg.
BOROUGH MANAGER
The Borough Manager of the Borough of Chambersburg.
COLLECTOR
A person or persons engaged in the collection of garbage, rubbish and/or ashes in the Borough of Chambersburg.
COMMERCIAL ESTABLISHMENT
All premises not used for residential purposes and shall also include apartment buildings furnished with receptacles by the Borough where the service is billed to the owner rather than to the occupants of each apartment. Commercial establishments which require receptacles with capacities greater than four cubic yards and/or any special features that contribute to loading, unloading or compaction of refuse are excluded from this definition of "commercial establishment." In case of a dispute between the contractor and the Borough as to whether or not an account is a commercial establishment, the decision of the Director of Public Works shall be final. Collectors who provide special commercial service must be registered with the Borough and meet Borough standards regarding collection, transporting and disposal of refuse.
COMMUNITY ACTIVITIES
Sponsored events such as Chamberfest, AppleFest, Icefest, Cinco de Mayo, 4th of July celebration, parades, etc. They can be sponsored by a variety of organizations such as the Borough, nonprofit organizations, downtown organizations, veterans’ organizations, etc.
[Added 4-13-2009 by Ord. No. 2009-09]
CONTRACTOR
Any person who has been awarded a contract by the Borough to collect, transport and/or dispose of refuse for the Borough.
CORRUGATED PAPER
Paperboard or cardboard boxes constructed in a fluted manner or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material but excluding plastic, foam or wax-coated or soiled cardboard.
CURBSIDE COLLECTION
All refuse receptacles and recycling receptacles shall be taken to the curbside or designated area (alleyway) by the owner or occupant. The Borough will not carry out refuse receptacles. Any receptacle not placed at curbside will not be collected.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works of the Borough of Chambersburg, designated by the Town Council of the Borough of Chambersburg.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods. It shall include waste from animals. It shall not include more than a minimum amount of free liquids. It shall not include food processing waste from canneries, packing plants or similar industries nor large quantities of condemned food products.
GLASS CONTAINERS
Bottles and jars made of flint (clear), green and amber glass. Expressly excluded are noncontainer glass, plate glass, blue glass, lead crystal, porcelain and ceramic products.
HIGH-DENSITY POLYETHYLENE OR HDPE CONTAINERS
Plastic bottles and jars made exclusively from high-density polyethylene.
HOUSEHOLD UNIT
Each family dwelling, each apartment and each room or group of rooms used as separate living quarters and provided with facilities for the handling, preparation, cooking or consumption of food, or a small commercial establishment whose volume of refuse does not exceed that of a residential unit. In all cases, the determination by the Borough as to what constitutes a separate household or dwelling unit shall be final.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings and similar material, but not including grass clippings.
[Added 4-13-2009 by Ord. No. 2009-09]
NEWSPRINT
Paper of the type commonly referred to as "newspaper" and distributed at fixed intervals. Excluded is newsprint that has been soiled.
PAPER
All high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback books, catalogs, school paper, junk mail, computer paper, telephone books and similar cellulosic material, but excludes wax paper, plastic- or foil-coated paper, envelopes with glassine windows, carbon paper, blueprint paper, food-contaminated paper, soiled paper, newsprint and cardboard.
PERSON
Individual, partnership, corporation, association, institution, cooperative enterprise or legal entity.
POLYETHYLENE TEREPHTHALATE PLASTIC OR PET CONTAINERS
Plastic soda bottles or other containers composed of the polymer PET.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw material or products.
REFUSE
Garbage, rubbish and/or ashes as herein defined.
REFUSE RECEPTACLE
The equipment used by the owner or occupant to place solid waste in for collection.
RUBBISH
All waste materials not included in "garbage" and "ashes," except building rubbish and building construction or reconstruction rubbish, stones, street refuse, industrial refuse, dead animals, abandoned large machinery, vehicles, equipment or furnishings or such other waste materials as are not commonly produced in homes, stores and institutions or which cannot be enclosed within an approved refuse receptacle. "Rubbish" shall not include materials that are recyclable and have been separated and disposed of for recycling purposes.
STEEL CANS
Empty all-steel food and beverage containers.

§ 248-2 Administration.

A. 
All refuse accumulated in the Borough of Chambersburg shall be collected, transported and disposed of by the Borough, either by its own employees or by a contractor or contractors approved by the Borough, and it shall be unlawful for any other person to collect, transport over any of the streets or alleys of the Borough of Chambersburg or dispose of any refuse accumulated in the Borough of Chambersburg.
B. 
The cost of such service shall be paid for as hereinafter provided.
C. 
The collection, transportation and disposal of refuse under this chapter shall be under the supervision of the Borough Manager. The Borough Manager shall have authority to make regulations concerning the collection, transportation and disposal of refuse not inconsistent with those set forth in this chapter and may, in the event of an emergency or because of temporary conditions which necessitate, in the opinion of the Borough Manager, a change in the regulations herein set forth, make any such changes for a period not to exceed 30 days without the approval of the Borough Council of the Borough.
D. 
Ownership of refuse material collected by the Borough under this chapter shall be vested in the Borough and, when deposited at an official disposal location, shall be vested in the owner of the disposal site.
E. 
All customers of the Borough of Chambersburg shall separate from their refuse the recyclable materials as determined within the provision of this chapter.
F. 
All customers of the Borough of Chambersburg shall be responsible for placing their refuse receptacles and recycling receptacles at the curbside or alleyway on the designated collection day and for removing the receptacles from the curbside or alleyway after pickup is accomplished.
G. 
Recyclable material for a household unit and apartments (even if one person is billed rather than the individual occupants) shall be aluminum, clear glass, colored glass, steel and bi-metal cans. Recyclable material for commercial, industrial and municipal establishments ("other establishments") shall be aluminum, clear glass, colored glass, corrugated paper, paper, steel and bi-metal cans. These other establishments shall annually provide the Borough with evidence and documentation of the material and total number of tons or pounds recycled. The recyclable materials designated in this chapter are subject to change by resolution of the Borough Council.
[Amended 4-13-2009 by Ord. No. 2009-09]
H. 
The Borough of Chambersburg hereby adopts a variety of municipal recycling programs, including but not limited to green yard waste recycling, pursuant to Pennsylvania Legislative Act 101 of 1988, the Municipal Waste Planning, Recycling and Waste Reduction Act,[1] as may be amended from time to time.
[Amended 6-29-2015 by Ord. No. 2015-06]
(1) 
Yard waste, woody waste, organic waste or similar waste material, as defined by state law, may be disposed at the Chambersburg Green Yard Waste Recycling Facility at the 491 West Commerce Street facility being established by the Borough.
(2) 
The Borough may by resolution establish fees for the disposal of such waste, which fees may be amended by resolution from time to time. Such fees may include a variety of tiers related to the type of property from where the recycling material originates, include a flat fee for single-family residential recycling and/or a fee based on weight for commercial or municipal recycling material.
(3) 
Eligible recycling material shall include: acorns, bark, branches, brush, bushes, flowers, foliage, kindling, knots, limbs, plants, roots/rootballs, sawdust, twigs, or wood chips. No individual item may weigh more than 30 pounds, be longer than six feet, or have a diameter in excess of six inches. Pursuant to state law, grass shall be treated as municipal solid waste and either may be disposed of in the same manner as municipal solid waste or, at the choice of the property owner, may be composted on one's private property. It shall not be accepted at the aforementioned facility. Tree leaves may be disposed of either at the aforementioned facility or, at the choice of the property owner, may be bagged in biodegradable paper bags with appropriate leaf collection tags (Tags may be sold by the Borough of Chambersburg for a fee to be established by resolution of Town Council and amended from time to time by resolution.) and placed at the curbside for pickup during a collection season to be designated by the Borough of Chambersburg or may be raked loose to the curbside during fall leaf pickup. Leaf waste may not block/clog storm sewers or provide a hazard to pedestrian or vehicular traffic. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch or for other agricultural purposes.
(4) 
This program shall be organized by the Sanitation Department of the Borough of Chambersburg. The Borough Manager and the Director of Utilities shall promulgate administrative rules for its proper operations.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
I. 
The sponsor of a community activity is responsible for obtaining recycling container(s) from the Borough’s Sanitation Department. Aluminum, clear glass, colored glass, steel and bi-metal cans will be recycled; no separation is required. At the end of the community activity the Sanitation Department will collect the recyclables.
[Added 4-13-2009 by Ord. No. 2009-09]

§ 248-3 Precollection practices.

A. 
Preparation of refuse.
(1) 
All garbage, before being placed in garbage receptacles for collection, shall have drained from it all free liquids and shall be wrapped in paper.
(2) 
All rubbish shall be drained of liquid before being deposited for collection.
(3) 
Tree trimmings, hedge clippings and similar material shall be cut to lengths not to exceed four feet and securely tied in bundles not more than two feet thick or 50 pounds in weight before being deposited for collection.
(4) 
Newspapers, magazines and other printed matter not placed in receptacles for collection shall be securely tied in bundles not to exceed 50 pounds in weight.
(5) 
Boxes not placed in receptacles shall be easily handled by one person and shall not exceed 50 pounds in weight.
(6) 
No refuse shall be placed at curbside or designated area (alley) earlier than 24 hours prior to the day of collection.
B. 
Refuse receptacles.
(1) 
Garbage and rubbish receptacles shall be made of rust- and corrosion-resistant material, must be watertight, and shall be provided with a tight-fitting cover.
(a) 
No person shall use for the reception of garbage or rubbish any receptacle having the capacity of more than 32 gallons.
(b) 
All garbage and rubbish receptacles shall be kept as sanitary as possible in view of the use to which they are put and shall be thoroughly cleaned by the occupant after garbage is removed by the collector.
(2) 
Ash receptacles shall be of rust- and corrosion-resistant materials and have a capacity of not more than 12 gallons.
(3) 
All refuse receptacles shall be provided by the owner, tenant, lessee or occupant of the premises. All refuse receptacles shall be equipped with suitable handles. All refuse receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of these specifications or that may have ragged or sharp edges, or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacles as refuse.
(4) 
Garbage and rubbish may be placed in plastic bags for collection, provided that such plastic bags shall be of a quality suitable for storing, handling and disposal of its contents and shall not be less than 1.5 millimeters in thickness and shall not exceed a thirty-gallon capacity. All such bags used for this purpose shall be securely tied at the top, and none of its contents shall be placed therein in such manner as to permit sharp or protruding objects which may injure the collector or interfere with the proper handling of the bag. Any bag which is untied or broken or which is incapable of being handled in a reasonable and normal fashion will not be accepted or picked up by the collector. All bags will be disposed of with the contents and will not be returned to the customer.
(5) 
At no time shall refuse receptacles (or plastic bags) and their contents exceed 50 pounds in weight.
(6) 
In the case of commercial container accounts, the contractor shall use the Truxmore-type containers provided by the Borough or customer.
(7) 
Commercial container service. Refuse receptacles for commercial establishments shall be placed at a location that is accessible to the Borough and/or contractor.
C. 
Preparation of recyclable material.
(1) 
Each household unit or apartment (even though the owner is billed and not the occupant) will be supplied by the Borough with three receptacles for recyclable materials. Once these receptacles are issued they will become the property of the owner. Any receptacles that are damaged, stolen or missing after issuance shall be replaced by the owner through the purchase of a new receptacle from the Borough.
(2) 
All recyclable material will be separated from the waste stream by the owner or occupant. Recyclable material can be co-mingled (not separated) into the receptacles. Aluminum cans should be flattened. Labels may remain. Clear and colored glass bottles and jars must have the lids removed. However, neck rings and labels may remain. Clear and colored glass bottles and jars must remain unbroken. All recyclable material must be rinsed clean of waste.
[Amended 4-13-2009 by Ord. No. 2009-09]
(3) 
Commercial container service. Refuse receptacles and recycling receptacles for commercial establishments shall be placed at a location that is accessible to the Borough and/or contractor.
(4) 
No refuse shall be placed at curbside or designate area (alley) earlier than 24 hours prior to the day of collection.

§ 248-4 Collection practices.

A. 
Frequency of collection. Refuse will be collected at least once each week from household units. Collection of refuse and recyclables from commercial accounts shall be by mutual agreement between the owner and collector. Recyclable material will be collected at least once a month from household units or apartment complexes.
B. 
Hours of collection. All collection from household units shall be made between the hours of 4:00 a.m. and 4:00 p.m., Eastern time. Collection times from commercial accounts shall be by mutual agreement between the owner and collector.
C. 
Limitation of quantity. The number of refuse receptacles, either emptied or collected from any one household unit per week, shall be limited to three unless the refuse is accompanied by a tag purchased from the Borough Office (or designee) for each receptacle over three.
D. 
Special refuse problems.
(1) 
Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer of the Borough. Such refuse shall not be placed in receptacles for regular collection.
(2) 
Inflammable or explosive refuse. Highly flammable or explosive materials shall not be placed in receptacles for regular collection but shall be disposed of as directed by the collector at the expense of the owner or possessor.
E. 
Handling of receptacles. Each person shall cause refuse receptacles to be kept covered at all time and to be placed at the curbside or designated area (e.g., alleyway) on the day of collection.
F. 
Unauthorized collection of recyclables. Any person, firm, corporation or other entity, unauthorized by the Borough of Chambersburg, who or which collects or removes or causes to be collected or removed any recyclable materials set out at the curb for pickup by the Borough shall be subject to penalty under § 248-8 of this chapter.

§ 248-5 Storage of refuse.

A. 
No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Borough, except that it be in proper receptacles for collection or under an express approval granted by the Borough Council. No person shall throw or deposit any refuse in any stream or other body of water.
B. 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.
C. 
It shall be unlawful for any person, other than the owners or occupants of the premises on which refuse receptacles are stored or the collector, to remove the covers or any of the contents of refuse receptacles.

§ 248-6 Fees and assessments.

A. 
The cost of the collection, transporting and disposal of refuse and recyclables under this chapter shall be paid by a reasonable charge to the owners of the real estate within the Borough of Chambersburg to which the service herein provided is rendered or made available, whether used or not, in accordance with a schedule of fees and assessments approved from time to time by the Borough Council of the Borough, except that no charge or assessment shall be made upon any vacant lot or upon any household unit for any billing period during which it is vacant or unoccupied for more than 1/2 of the billing period. All household units shall be presumed to be not vacant and occupied within 15 days after the unit becomes vacant or unoccupied. When the Borough determines that such vacancy or nonoccupancy exists, the fee or assessment shall be exonerated or rebated, as the case may be.
B. 
The schedule of fees and assessments provided for herein shall be published one time in a newspaper of general circulation in the Borough of Chambersburg prior to the effective date of any such schedule.
C. 
The owner of the real estate served or to which the service is available shall be responsible to the Borough for payment of the fees or assessments herein provided, irrespective of any agreement between the owner and a third party, and the bill may be rendered at the option of the Borough to either the owner of the real estate or the tenant or other occupier, unless the owner notifies the Borough in writing to whom the bill shall be rendered. The owner shall remain liable for the payment of all such fees and assessments irrespective as to who the bill is rendered.
D. 
Bills for fees and assessments provided in this chapter shall in general be rendered on a monthly basis, a month to consist of any period of approximately 30 days. A fractional part of a month equal to or exceeding 1/2 month shall be considered a full month for the purpose of fees or assessments charged to household units under this chapter.
E. 
Fees and assessments hereunder shall be payable at the Borough Offices on a net basis to and including the date shown on the bill rendered. Thereafter the gross bill shall become due and payable. Failure to receive a bill shall not entitle an owner to an extension of time for payment.
F. 
The Borough shall have the right to proceed for the collection of any unpaid charges hereunder by an action in assumpsit or, at the election of the Borough, in any other manner provided by law for the collection of a municipal claim, including the right to enter a municipal claim against the owner's real estate.[1]
[1]
Editor's Note: Former Subsection G, regarding cash deposits by nonowners receiving refuse service, which immediately followed this subsection, was repealed 4-13-2009 by Ord. No. 2009-09.

§ 248-7 Alternative disposition of recyclable materials.

Any person may donate or sell recyclable materials to individuals or organizations unless or until such materials are placed at curbside or similar location for collection by the Borough.

§ 248-8 Violations and penalties.

Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this chapter or of any regulations made by Council or the Borough Manager under the provisions hereof shall, upon conviction thereof, pay a fine of not less than $25 nor more than $1,000 and, in default of the payment of such fine and costs of prosecution, shall be imprisoned in the county jail for a period of not more than 30 days. After notice, each day's neglect to comply with the provisions of this chapter or any such regulation shall be deemed a separate offense and shall be subject in all respects to the same penalty as the first offense, and separate proceedings may be instituted and separate penalties imposed for each such day's offense after the first conviction.