§ 103-4Unlawful activities; liability
of owners and occupants.
§ 103-5Collection, transportation and
disposal of solid waste.
§ 103-6Storage and preparation of refuse.
§ 103-8Unlawful disposal.
§ 103-9Service charges; payment.
§ 103-11Violations and penalties.
This article shall be known as the "Refuse Disposal Ordinance."
The purposes of this article are to provide for the collection and disposal of garbage, solid waste, refuse, rubbish and recyclable materials produced and generated within the Municipality of Kingston in the most efficient and economically sound manner; to reduce the volume of garbage and solid waste disposed of within the Municipality of Kingston; and further to create and to implement a general municipal waste management plan and project so as to conserve natural resources and to support the right of the residents of the Municipality of Kingston to dwell in a clean and healthy environment.
As used in this article, unless the context clearly indicates otherwise, the following words and terms shall be construed as follows:
- ALUMINUM CONTAINERS
- All empty aluminum food and beverage containers.
- BIMETALLIC CONTAINERS
- Empty food and beverage containers consisting of aluminum, steel and tin coating. A can is bimetallic if a magnet sticks to the sides but not to the ends.
- COMMERCIAL ESTABLISHMENT
- Those premises used principally for nonmanufacturing or nonprocessing business, including, but not limited to, stores, offices, restaurants, shopping centers, gas stations and churches.
- COMMUNITY ACTIVITIES
- All events or activities which are sponsored by public, private, nonprofit and municipal agencies or individuals that include, but are not limited to, fairs, bazaars, socials and organized athletic events attended by 200 or more people.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- The deposition, incineration, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged into the waters of the Commonwealth of Pennsylvania.
- Solid waste resulting from the preparation, cooking, handling, dealing, storing, sale and consumption of all animal and vegetable wastes.
- GLASS CONTAINERS
- Empty bottles and jars made of clear, green or brown glass.
- IMPROVED PROPERTY
- Any premises within the municipality upon which there is erected a structure intended for habitation, occupancy or use by human beings or animals and from which solid waste or recyclable materials shall or may be generated or produced.
- INDUSTRIAL ESTABLISHMENT
- Any entity engaged in manufacturing, industry, trade or business process.
- INSTITUTIONAL ESTABLISHMENT
- Any facility that houses or serves groups of people, including, but not limited to, hospitals, schools, day-care centers and nursing homes.
- Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
- MUNICIPAL ESTABLISHMENTS
- The public facilities operated by the member municipalities and the Municipality of Kingston.
- This political subdivision of the Commonwealth of Pennsylvania.
- Paper of the type commonly used for newspapers and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are glossy advertising inserts often included with newspapers.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the municipality's service area.
- Any individual, partnership, company, business organization, association, society, corporation or other group or entity.
- Empty plastic food and beverage containers.
- PRIVATE OR COMMERCIAL COLLECTORS, HAULERS OR TRANSPORTERS
- Any person or business organization which provides collection, transportation and disposal services of solid waste, who is not an agent or contractor of the municipality.
- Glass, metal, paper, plant growth, wood or nonputrescible solid waste.
- RECYCLABLE MATERIALS
- Materials enumerated in Act 101 of 1988Editor's Note: See 53 P.S. § 4000.101 et seq.
- All matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless or which, by their presence or accumulation, may injuriously affect the health, comfort and safety of the community; it shall include ashes, garbage, rubbish and other refuse materials, but shall exclude human body waste.
- RESIDENTIAL DWELLING
- Any noncommercial building used for family dwelling, which contains not more than 12 dwelling units.
- SOLID WASTE
- Materials or substances, discharged or rejected as being spent, useless, worthless or in excess by a person, and any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid or semi-solid or contained gaseous material, resulting from the operation of residential, municipal, commercial, industrial or institutional establishments. The term does not include recyclable materials or materials approved for beneficial use by the municipality or its agent or contractor.
It shall be unlawful hereafter to accumulate, collect, transport, remove, deposit, maintain or dispose of garbage, solid waste, refuse, rubbish and recyclable materials upon any public or private property within the Municipality of Kingston, except in accordance with the terms and provisions of this article.
An owner, lessee, tenant or occupant of any unimproved premises or any building, structure or like improvement erected upon any real property situated within the Municipality of Kingston and used for any purpose whatsoever shall be liable for the collection and disposal of all garbage, solid waste and recyclable materials produced or generated upon or within the premises, building or structure owned or occupied by a person in accordance with the terms and provisions of this article.
All residential solid waste, refuse, rubbish and recyclable materials produced, generated, accumulated or deposited within the Municipality of Kingston shall be collected, transported and disposed of by the Municipality of Kingston or by a private or commercial refuse collector or hauler or a transporter for hire, who shall be licensed by the Municipality of Kingston. When residential solid waste, refuse or rubbish shall be collected, transported and disposed of by a private refuse collector or hauler or transporter for hire, who shall be licensed by the Municipality of Kingston, the resident shall notify the Municipality and produce proof of having private subscription service if requested by the code enforcement officer or a designee.
All garbage, refuse, rubbish and solid waste produced, generated, accumulated or maintained within the Municipality of Kingston by a commercial, institutional or industrial enterprise, organization or establishment or a sponsor of any community or public activity within the Municipality of Kingston shall be collected, transported and disposed of periodically in a safe and sanitary manner by a private or commercial refuse collector or hauler or a transporter for hire, who shall be licensed by the Municipality of Kingston.
No person, including, but not limited to, an owner, occupant, lessee, commercial collector, hauler or transporter of residential garbage, refuse, rubbish, solid waste and/or recyclable materials for hire or otherwise, shall accumulate, deposit, maintain or place or cause to be accumulated, deposited, maintained or placed upon any lot or parcel of real property used for a dwelling or for residential purposes within or without a residential district or zone of the Municipality of Kingston for the purpose of the collection, transportation or disposal of residential garbage, solid waste or recyclable materials by any entity other than the Municipality of Kingston or its agent or contractor.
It shall be unlawful for any person to transport or convey into the Municipality of Kingston or to deposit, place or dispose of upon or within any premises or structure located in the Municipality of Kingston any garbage, solid wastes or recyclable materials produced and generated elsewhere for the purpose of the collection, transportation or permanent disposal of any garbage, solid waste or recyclable materials by anyone within the Municipality of Kingston.
An owner, occupant, lessee, proprietor, operator or supervisor of any commercial, institutional, industrial or municipal enterprise, organization or establishment and a sponsor of any community or public activity within the Municipality of Kingston shall provide for the private or commercial collection, transportation and disposal of the recyclable materials of the kind and nature provided in Article III of Chapter 103 of the Municipal Code of Kingston which are produced or generated by their use. Each commercial, institutional, industrial or municipal enterprise, organization or establishment and each sponsor of any community or public activity subject to this provision shall account to the Municipality of Kingston or its agent or contractor, at least annually, for the volume of the recyclable materials caused to be recycled by it hereunder.
Preparation of refuse.
All refuse shall be drained free of liquids before disposal.
The cost of each garbage sticker referred to in Subsection A(3)(a) above shall be $2.
Nothing herein provided shall prohibit the use of plastic or metal trash receptacles owned by residents for the storage of municipal solid waste, provided that said receptacles are lined with an approved trash bag, affixed with an approved garbage sticker, which shall be collected and disposed of in the course of refuse collection by the municipality.
Refuse containers shall be made of durable, watertight, rust-resistant material, having a close-fitting lid and handles to facilitate collection.
Refuse containers for residences shall not exceed a capacity of 32 gallons.
It shall be unlawful to permit the accumulation of residue of liquids, solids or a combination of such materials on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
Storage of refuse.
Each householder, commercial establishment or person having refuse shall store the same in a safe refuse container until ready for disposal under this article.
It shall be unlawful to place refuse in any street, alley, stream, body of water or any other public place or upon private property, whether owned or not, or to accumulate the same on any ground.
Place of collection.
Refuse containers shall, for the purpose of collection, be placed at curbside and be made readily accessible to the collector. They shall be placed on the side of the street from which collection is to be made no sooner than the evening before the designated day for collection.
Frequency of collection.
Municipality collection of refuse, as defined under this article, shall be done at least once weekly during the entire year from residential premises, on a schedule to be designated by the Mayor.
Hotels, restaurants, institutions and commercial establishments may be required to have more frequent collection, if determined by the Mayor to be essential to protect the public health.
The hours of collection of all refuse, garbage, rubbish or solid waste from all residential dwellings shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday of each week. There shall be no collection on Saturdays or Sundays from residential dwellings. The hours of collection for hotels, restaurants, institutions and commercial establishments shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday of each week. There shall be no collection on Sundays.
Licensing of collectors.
No person shall utilize any truck or motor vehicle to collect, remove, haul and convey any refuse through or upon any of the streets or alleys of the Municipality of Kingston or dispose of the same in any manner or place without obtaining a license from the municipality for each truck or motor vehicle.
The fee for such license shall be as established per annum, and all licenses shall be issued for the calendar year or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
Every person who shall apply for a license under this section shall state the type or types of refuse to be collected, the manner of collection and the place and method of disposal.
No license shall be granted if the place and method of disposal shall not conform to the requirements of this article or to the ordinance of any municipal or quasi-municipal corporation wherein disposal of refuse is to be made.
It shall be unlawful to permit an unlicensed collector to collect or remove refuse from an institution or commercial enterprise or any noncommercial building used for family dwelling which contains more than 12 dwelling units.
It shall be unlawful for any person, corporation, individual, partnership or any other entity to collect refuse or garbage or rubbish or solid waste from any institutional, commercial or family dwelling unit without first having obtained a license from the municipality as provided for in this article.
Each collector applying for a license shall provide evidence of a valid agreement, not subject to cancellation, covering use of the Luzerne County approved disposal facility. Such evidence shall accompany the application for license. No disposal location shall be used other than the Luzerne County contraced disposal location.
The contractor granted the license shall not in any manner be construed as an agent, servant or employee of the Municipality of Kingston, but shall at all times be considered and remain an independent contractor.
Any violation of these specifications shall be sufficient cause for the immediate cancellation of the license.
The initial license fee commencing July 1, 1997, is hereby established at $600 per collector.
It shall be unlawful to:
Dump, burn, bury or destroy or otherwise dispose of refuse within the jurisdictional limits of the Municipality of Kingston, except at the municipally approved disposal site.
Place, set or dispose of any garbage, sweepings, rubbish or any other type of refuse generated from any nonresident on any property within the jurisdictional limits of the Municipality of Kingston.
As a resident of the Municipality of Kingston, transport from outside the jurisdictional limits of the Municipality of Kingston any garbage, sweepings, rubbish or any other type of refuse and to place the same with said Kingston resident's weekly refuse for collection at the disposal site.
The Municipality of Kingston is authorized to levy, charge, assess, adopt and collect from time to time service charges and fees for the collection, transportation and disposal of garbage, solid waste and recyclable materials within the Municipality of Kingston, as provided herein, to the extent and in the manner provided by law and to designate said fee by resolution of Town Council.
Any person who shall place at curbside garbage, solid waste or recyclable materials for collection, transportation or disposal shall be deemed to have given consent, whether express or implied, to the Municipality of Kingston or its agent or contractor to open and inspect any container, receptacle or enclosure containing or purporting to contain garbage, solid waste or recyclable materials.
Any person who shall violate any provisions of this article shall, upon conviction, be sentenced to pay a fine not exceeding $1,000 or, in default of payment of such fine, then to imprisonment for not more than 30 days.
Each day's continuance of a violation of this article may constitute a separate offense.
Nothing in this article shall prohibit a landscaper, lawn service provider, builder or remodeler who has contracted with the owner of a residential dwelling, as defined in this article, from removing the waste, remnants or by-products of his work or service that was provided to that residential dwelling and that land upon which it sits.
In addition, nothing in this article shall prohibit the municipality from, at its sole discretion, declaring a spring cleanup and authorize an independent contractor to pick up those items designated by the municipality at a specific time designated by the municipality.
All ordinances or parts of ordinances inconsistent with this article are hereby repealed insofar as it affects this article.
If any provisions, sentence, clauses, section or part of this article is, for any reason whatever, determined to be invalid, illegal or unconstitutional, such determination shall not affect or impair any of the remaining provisions or parts of this article.
The right to amend this article or any portion thereof from time to time, as is deemed advisable for the effective administration of this article, is reserved.