Borough of East Greenville, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of East Greenville 6-6-1966 by Ord. No. 8-66. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 44.
Nuisances — See Ch 56.

§ 47-1 Definitions.

[Amended 9-5-1989 by Ord. No. 11-89]
The following words, as used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
BULK ITEM
An individual combustible or noncombustible article which the owner or occupier of a unit seeks to dispose of and which, because of size or weight, is not amenable to containment in a thirty-three-gallon clear plastic bag as provided by the Borough. Such shall include discarded furniture, small household appliances and fixtures, but shall specifically exclude tires and white goods. The size and weight of bulk items subject to collection shall be limited to those that reasonably can be lifted by two persons.
[Added 6-7-1999 by Ord. No. 99-3]
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
REFUSE
Garbage and rubbish, as herein defined.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, grass, crockery and dust and other similar materials. Wood, as that word is defined in § 58-1 of this Code, shall not be considered to be rubbish.
[Amended 9-8-2009 by Ord. No. 2009-06]
UNIT
One household, one apartment, business establishment or location entitled to the collection and disposal services authorized by this chapter or subsequent amendments thereto.
[Amended 12-27-1990 by Ord. No. 90-19; 3-4-1991 by Ord. No. 91-2; 6-7-1999 by Ord. No. 99-3]

§ 47-2 Collection by borough; exception.

[Amended 12-27-1990 by Ord. No. 90-19; 3-4-1991 by Ord. No. 91-2; 6-7-1999 by Ord. No. 99-3]
All refuse accumulated in the Borough of East Greenville shall be collected, conveyed and disposed of by the Borough of East Greenville. The person or persons owning or occupying a unit whose accumulated refuse at each time of collection exceeds four bags, with a total weight of 50 pounds per bag and/or one bulk item shall personally or by arrangement with the person or firm holding the then-current contract with the Borough of East Greenville to perform such services within the Borough collect, convey and dispose of such excess refuse in accordance with all regulations for collection, conveyance and disposal prescribed in this chapter or made by the Borough Council. Only the refuse deposited in the clear plastic thirty-three-gallon bags which shall be provided by the Borough of East Greenville and bulk items identified by an attached, Borough-issued sticker will be collected, conveyed and disposed of by the Borough of East Greenville.

§ 47-3 Authorization to contract; contractual obligations.

Borough Council is authorized hereby to contract for the performance of the service provided by this chapter and to award a contract therefor from time to time for such periods of time as shall be determined by Borough Council. Such contract shall require the contractor to assume all responsibility for the collection of refuse in the Borough of East Greenville in accordance with the provisions of this chapter and all regulations, orders and specifications provided under the authority thereof, and to convey, dump and dispose in a lawful manner all such refuse beyond and outside the boundaries of the Borough of East Greenville in a lawful place, and to fix and regulate, in a manner not inconsistent with the terms of this chapter, the manner, method and time of collecting and conveying refuse, the type of equipment required for the purpose and the price to be paid for the performance of said contract and the time or times for the payment thereof.

§ 47-4 Supervision of collection.

[Amended 9-5-1989 by Ord. No. 89-11]
The collection of refuse in the Borough of East Greenville and the disposal thereof shall be under the supervision of the Borough Council. The Borough Council shall have authority to make regulations concerning the hours and days of collection and such other matters pertaining to the collection and disposal as it may deem advisable and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against any regulations or order made by the Borough Council to the Borough Council, and the latter may confirm, modify or revoke any such regulations or order; provided, however, that no such appeal to the Borough Council shall be permitted as to any regulation contained in this chapter.

§ 47-4.1 Containers for collection.

[Added 3-4-1991 by Ord. No. 91-2; amended 6-7-1999 by Ord. No. 99-3]
Every premises from which refuse is collected and removed shall use a clear plastic thirty-three-gallon bag as provided by the Borough of East Greenville. Under this exclusive bag-removal system only refuse deposited in the aforesaid bags and bulk items tagged with bulk item stickers also provided by the Borough of East Greenville will be accepted by the trash collection contractor. Bags and bulk item stickers may be purchased at Mohr's Store, Fourth and Main Streets; Baumans Paint Store, 114 Main Street; or First Union Bank, Fourth and Washington Streets, or at such other or additional locations as the Borough Council may from time to time designate by resolution, and at a cost of $1.75 per bag and $2.00 per sticker or at such cost as the Borough Council may from time to time designate by resolution.

§ 47-4.2 Dumpsters.

[Added 7-7-2003 by Ord. No. 2003-6]
Persons owning residential buildings that contain in excess of three units may, at the discretion of the Borough Council, be required to provide for the residents of their building a dumpster or similar contrivance as approved by the Code Enforcement Officer, situate at the property's normal collection site, into which the residents may deposit their accumulated refuse, contained in the aforedescribed Borough of East Greenville plastic bags.

§ 47-5 Collection schedule.

[Amended 12-27-1990 by Ord. No. 90-19]
The Borough Council is authorized to arrange date schedules for the collection of refuse in the various categories and sections of the borough and shall give public notice thereof. Such schedules shall provide for a single collection for each and every week throughout the year. No collection shall be made on Sundays or on any of the following holidays: New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. All collections shall be scheduled and shall be made in conformity with such schedule between the hours of 1:00 a.m. and 1:00 p.m., provided that collections may be made after 1:00 p.m. to complete a day's schedule when unusual conditions or emergencies reasonably justify a time extension for a particular day, unless a different time shall be specified by the Borough Council, in which event the latter determined time shall be controlling. In the instance that a scheduled day of collection shall fall upon one of the herein specified holidays, then collection shall occur on the following day during the normal collection hours as herein set forth.

§ 47-6 Use of collection service required.

[Amended 6-7-1999 by Ord. No. 99-3]
All persons within the Borough of East Greenville shall dispose of refuse by the municipal collection service only, and no person shall transport or dispose of refuse by any means not approved by this chapter.

§ 47-7 Disposal of excess quantities; unauthorized methods of disposal.

[Amended 9-5-1989 by Ord. No. 89-11; 6-7-1999 by Ord. No. 99-3]
Persons having refuse in excess of that which fills four collectible thirty-three-gallon Borough-issued bags to a weight of 50 pounds per bag and/or who have more than one bulk item they seek to dispose of at a given collection time shall dispose of such excess refuse promptly and in accordance with the provisions of this chapter and regulations adopted thereunder, personally or by arrangement with the person or firm holding the then-current contract with the Borough of East Greenville to perform such services within the Borough. The making of a contract or arrangement for the collection, conveyance and disposal of refuse from any location within the Borough with any unauthorized person or firm shall constitute a separate and distinct violation of this chapter by each party thereto, and each shall be subject to the penalties hereinafter provided.

§ 47-8 Hauling refuse collected outside borough.

The Borough Council is authorized to make regulations concerning the hauling of refuse collected outside the Borough of East Greenville over the streets of the Borough of East Greenville.

§ 47-9 Vehicle regulations.

No refuse shall be hauled over the streets of the Borough of East Greenville except in a watertight vehicle provided with a tight cover so as to prevent offensive odors from escaping therefrom and refuse from being blown, dropped or spilled therefrom.

§ 47-10 Disposal within borough prohibited.

No refuse shall be dumped or disposed of within the limits of the Borough of East Greenville.

§ 47-11 Ownership of refuse.

Ownership of refuse set out for collection shall be vested in the Borough of East Greenville until such time as the same shall be collected from the containers into the vehicle of the contractor, at which time it shall become the property of the contractor.

§ 47-12 Accumulation, storage and burning restrictions.

On and after the date of the award of a contract for collection service pursuant to the authority contained in § 47-3 hereof it shall be unlawful:
A. 
For any person to collect, convey over any of the streets or alleys of the Borough of East Greenville or dispose of any refuse accumulated in said borough in any manner not approved of in this chapter or subsequent regulations.
B. 
For any person to place any refuse in any street, alley or other public place or upon private property, whether owned by such person or not, within the borough, except in proper receptacles for collection. No person shall throw or deposit any refuse in any stream or other body of water.
C. 
For any person to allow any accumulation of refuse on any premises in the Borough of East Greenville other than for the purpose of collection in the manner provided by this chapter or by special regulation of Borough Council. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove an unauthorized accumulation of refuse within 15 days of notice to either the occupant or the owner shall be deemed a separate violation of this chapter by either or both of such persons.
D. 
For any person, other than the occupants of the premises on which refuse receptacles are stored or the collector, to remove the covers of any of the refuse receptacles or to remove the refuse stored in such containers.
E. 
To place in any containers provided for regular collection any highly flammable or explosive refuse or any wearing apparel, bedding or refuse from premises where highly infectious or contagious diseases have prevailed.
F. 
For any person to burn any refuse outside of any building.
[Amended 11-7-1966 by Ord. No. 9-66; 9-5-1989 by Ord. No. 11-89]
G. 
For any person to burn any refuse within the Borough of East Greenville except upon a showing of undue hardship, if found to exist by a determination of the Borough Fire Marshal, and upon a written permit to do so approved by the Borough Fire Marshal. Such burning shall be permitted only in accordance with the provisions and conditions set forth upon such permit and only by means of incineration inside a building and under conditions that are safe and free from hazards of fire to such building and surrounding buildings. The emission of any smoke, fumes or odors resulting from such burning shall be sufficient cause for revocation forthwith of such permit. Burning conducted contrary to the terms and conditions of such permit or in an unsafe manner or so as to emit smoke, fumes or odors shall be deemed to be a separate violation of this chapter.
[Added 11-7-1966 by Ord. No. 9-66; amended 9-5-1989 by Ord. No. 11-89]
H. 
For any person to place for collection refuse in containers other than the clear plastic thirty-three-gallon bags provided by the Borough for such purpose.
[Added 9-5-1989 by Ord. No. 89-11; amended 6-7-1999 by Ord. No. 99-3]
I. 
For any person to place any refuse for collection in any street, alley or other public place or private property, whether owned by such person or not, within the borough more than 12 hours prior to the scheduled collection time.
[Added 9-5-1989 by Ord. No. 11-89]

§ 47-13 Fee for permit to burn.

[Added 11-7-1966 by Ord. No. 9-66]
Every applicant for a permit to burn, as provided by § 47-12G, and for every renewal thereof, shall pay an application fee of $100 to the Borough Treasurer for inspection and policing thereof, any balance thereof to go into the general funds of the borough.

§ 47-14 Permitted burning without license.

[Added 11-7-1966 by Ord. No. 9-66]
Nothing in this chapter shall be construed to prevent the burning at practice drills of such articles and at such locations as may be approved by the Mayor if such burning shall be done in the presence and under the direct supervision of the Fire Chief of the East Greenville Fire Company.

§ 47-15 Expenses of collection.

[Amended 6-7-1999 by Ord. No. 99-3]
A. 
The Borough will pay from its general revenues as set aside in its budget the expenses incident to collection of a maximum of four clear plastic thirty-three-gallon bags as provided by the Borough of East Greenville, each with a total weight of no more than 50 pounds and one bulk item tagged with a bulk item sticker as provided by the Borough at each collection time from every residence and place of business. Excess bags of refuse and bulk items may be collected by special arrangement between the owner or occupier of property upon which such refuse accumulates and the person or firm holding the then-current contract with the Borough of East Greenville to perform such services. The owner or occupier of the property from which such excess refuse is collected shall be solely responsible for payment of the person or firm that collects the excess refuse from the unit in his possession. The hauler holding the then-current contract for collection, conveyance and disposal of refuse in the Borough of East Greenville shall not look to the Borough for compensation in the collection of excess refuse from the owner or occupier of a unit upon which such refuse has accumulated. For collection of excess refuse the person or firm holding the municipal contract shall charge the rate charged the Borough for collection of the first four bags and one bulk item.
B. 
It shall be unlawful to charge any business or industry for any collection rates proportionately in excess of the rates in effect for the first four bags and bulk item collected at any location.

§ 47-16 Violations and penalties.

[Amended 12-7-1987 by Ord. No. 10-87; 9-5-1989 by Ord. No. 11-89; 2-1-2010 by Ord. No. 2010-02
Except for the provisions provided for in § 47-17, any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court.

§ 47-17 Fees; penalties for nonpayment.

[Added 2-1-2010 by Ord. No. 2010-02]
A. 
The fees for the collection or disposal of refuse and penalties for late payment shall be determined from time to time by resolution of the Borough Council of the Borough of East Greenville; public notice of the fee schedule shall thereupon be made. The initial fees are set as follows:
(1) 
As of the tax year 2010, a yearly fee per dwelling unit of $113 shall be due, payable on or before March 1. If paid after March 1, the per-dwelling-unit fee due shall be $135.
(2) 
In addition, the cost per East Greenville Borough garbage bag shall be modified to $1 per bag.
(3) 
This section shall be effective 30 days after being adopted.
B. 
All bills for the collection and disposal of refuse shall be rendered annually and shall thereupon be immediately due and payable. All bills shall be payable to the Borough Secretary. Payments representing collection costs for January through December shall be subject to a per-dwelling-unit penalty if not paid on or before March 1. Accounts not paid within 60 days of March 1 shall be referred to the Borough Solicitor with instructions to proceed for the collection of such unpaid charges, together with all penalties thereon, and the same shall be collected by an action of assumpsit in the name of the Borough against the owner of the property charged or by a lien filed in the nature of a municipal lien against the subject property or in any other manner provided by the law for the collection of a municipal lien.