[HISTORY: Adopted by the City Council of the City of Oil
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-26-1989 by Ord. No. 2498[1] (Ch. 108 of the 1986 Code)]
[1]
Editor's Note: This ordinance repealed former Ch. 108,
Garbage, Rubbish and Refuse, adopted 7-21-1986 by Ord. No. 2453.
It is the purpose of this article to provide a comprehensive
collection and disposal system of all nonhazardous domestic garbage,
refuse, rubbish and household rubbish from the residential units of
the City and certain City-owned facilities. Commercial, industrial
and institutional establishments are not provided for under this article
and must negotiate individually with a contractor for collection of
their garbage and rubbish.
As used in this article, the following terms shall have the
meanings indicated in this section:
The person, firm or corporation that has entered into a contract
with the City of Oil City for the collection and disposal of domestic
garbage, refuse, rubbish and household rubbish from the residential
units of the City and certain City-owned facilities.
All refuse and animal and vegetable matter which has been
used for food for man, and all refuse and animal and vegetable matter
which was intended to be so used, and includes condemned foods.
Household goods, household refuse, furniture, springs, mattresses,
tin cans, bottles, crockery, broken glass, rags, grass clippings,
excess fruit from trees on residential property (but not from trees
on farms or orchards), and other similar debris, hedge cuttings and
shrubbery trimmings bundled, boxed or otherwise contained, furnace
pipe, stoves, water boilers, trunks, wood not over 48 inches in length,
all rubbish, trash, debris, waste, little scrap packings, clothing,
cardboard, household appliances, tree trimmings, trees and tree limbs
under 48 inches in length, and whole Christmas trees; these items
to be picked up from the curbline of residential property only. Arrangements
will also be made for the collection of automobile tires in the City.
Excluded will be broken concrete and other refuse from repairs, alterations
and new construction of buildings and sidewalks, tree limbs and trunks
over 48 inches in length and debris from commercial or industrial
establishments.
[Amended 6-24-2013 by Ord. No. 2820; 12-17-2015 by Ord. No. 2846]
All rags, broken glass, crockery, bottles, tin cans, paper,
including newspapers and magazines tied in bundles, grass cuttings,
hedge cuttings and household refuse, generally including incinerator
ashes and refuse from paper burners, all of which must be containerized,
and the weight of a single container shall not exceed 75 pounds. The
term excludes the ashes from heating plants and coal stoves and refuse
caused by repairs, alterations and new construction of buildings and
sidewalks.
Garbage receptacles shall be made of metal or plastic, with
a tapered bottom, must be watertight, equipped with tight-fitting
covers and strong handles. Containers shall be a maximum of 32 gallons
and a minimum of 20 gallons and must be of a design and manufactured
specifically as a garbage receptacle. Containers shall be provided
by the occupant and shall be maintained in good condition as is compatible
with their intended use. Upon notification by the City Manager or
his agent, the containers which are unsatisfactory shall be removed
by the contractor as rubbish. Containers are to be emptied and returned
to an upright position with the lids put back on by the collectors.
Nothing in this section is intended to prohibit the use by the occupant
of plastic garbage bags of such design and manufacture for the containerization
of garbage and rubbish. However containerized, whether in cans or
plastic bag, each garbage receptacle is not to be filled so as to
exceed a weight of 75 pounds.
Each household unit shall be limited to a maximum of three thirty-two-gallon
containers for deposit of garbage and rubbish to be picked up on a
weekly schedule, plus a weekly cleanup pickup of household rubbish
which is unlimited in amount. Upon the establishment of a curbside
recycling program in the City, as mandated by Act 101,[1] the maximum limit of garbage containers referenced above
will be reduced to two containers.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
Pickup of all garbage, refuse and household rubbish shall be from
the curbline on the street upon which the property affronts. For those
who desire pickup from the premises, the contractor shall not be required
to walk more than 150 feet from the property line to the container
or containers. The contractor shall pick up the containers from only
one ground-level outside location for each household unit, except
where outside locations are nonexistent. All such garbage, refuse
and household rubbish shall be placed at the appropriate location
on the day the collection is scheduled for any premises or not earlier
than 6:00 p.m. of the night before collection is scheduled.
B.
The contractor shall not be responsible to pick up any materials
placed for collection in violation of any terms of this article. In
the case of such a violation, the contractor shall place a printed
card on the materials or items involved in said violation which will
give the violator the reason for his refusal to collect those materials
or items. It will be the sole responsibility of the violator to remove
such materials or items from the collection point within 24 hours
of violation notification and to properly dispose of said materials
or items according to all local, state or federal laws and regulations.
A.
The contractor shall prepare a schedule of pickup for each household
unit on a weekly basis at least 45 days prior to the start of the
service. The City maintains the right to review and approve the schedule.
B.
The weekly general cleanup shall be in addition to the weekly garbage
pickup and shall consist of household rubbish that each household
unit shall have placed next to the curbline. The contractor must schedule
the weekly cleanup date to coincide with the weekly pickup day.
A.
Unless otherwise ordered by the City Manager or his agent, collection
of garbage rubbish and household rubbish shall be picked up Monday
through Friday of each week and shall not commence before 6:00 a.m.
and shall be completed by 5:00 p.m. on a single day of collection.
No route collections shall be made on Saturdays, Sundays or the following
holidays: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day. No changes in the schedule
shall be permitted without the approval of the City Manager or his
agent, and such change shall be published in the local paper by the
City.
B.
By reason that a street may be inaccessible due to excavation, heavy
snow or similar conditions, the contractor, after making every effort
to collect as many units as possible, may schedule the area made inaccessible
for collection the next day or as soon as the cause of the street
blockage is remedied. In such event the contractor must promptly advise
the City of such street inaccessibility and also of the date of rescheduled
collection.
The contractor shall remove all dead animals and parts thereof
from the City streets after due notification by the City except dead
horses and cows.
All rubbish and garbage, before being placed into receptacles
for collection, shall have drained from it, as far as practical, all
free liquid. Garbage shall be wrapped in paper or plastic bags or
otherwise contained. The separation of combustible and noncombustible
rubbish and garbage will not be required.
A.
Each household unit shall pay to the City a fee of $19.20 per month
for the standard collection of garbage and rubbish for the year commencing
July 1, 2016.
[Amended 2-26-1996 by Ord. No. 2598; 10-28-2002 by Ord. No. 2684; 6-14-2004 by Ord. No. 2700; 6-25-2007 by Ord. No. 2737; 6-24-2013 by Ord. No.
2820; 12-17-2015 by Ord. No. 2846]
B.
Each household unit wishing to procure backyard collection may do
so upon the payment of an additional monthly fee of $7.50 to the collector.
The collector shall be responsible for billing and collecting this
additional charge, which charge shall remain in effect from July 1,
2007 through June 30, 2010.
[Amended 2-26-1996 by Ord. No. 2598; 10-28-2002 by Ord. No. 2684; 6-14-2004 by Ord. No. 2700; 6-25-2007 by Ord. No. 2737]
C.
All bills or invoices shall be dated and shall be due and payable
upon presentation thereof. A penalty of 10% shall be added to the
net sum due and payable if payment is not made within 20 days from
the date of such invoice or bill. Each bill or invoice shall designate
the date on and after which the penalty shall be added.
If any account shall be delinquent for more than 60 days after
the same shall become due and payable, it shall be lawful for the
proper City officers or officials to file a lien or liens against
the property for any and all delinquent accounts in the same manner
provided by law in the case of unpaid City taxes on real estate and
to proceed to collect the same from the owners, including all costs
associated with the filing of said liens. In the case of tenant-occupied
or -leased properties, delinquent accounts are the responsibility
of the property owner, and it shall be the sole responsibility of
the property owner to keep informed about the current status of his/her
tenants or lessees regarding payments hereunder.
It shall be unlawful for any person other than the owner or
the collector or an agent or employee of the collector to interfere
in any way with any receptacle for the storage of garbage or rubbish
or the contents thereof or to remove such receptacle or the contents
thereof from the location where it is placed by the owner thereof.
It shall be unlawful for any person to:
A.
Dispose of, deposit or place, or cause or permit to be disposed of,
deposited or placed any garbage or rubbish upon or in any public street,
alley, lane, place, catch basin or receptacle leading into any sewer,
or in or upon any vacant lot within the limits of the City of Oil
City.
B.
Dispose of garbage in any manner otherwise than as provided in this
article or to keep garbage in containers other than those prescribed
herein.
C.
Fail or neglect to separate and prepare for collection all garbage
and rubbish as required by this article.
D.
Obstruct, delay or interfere with the collectors of garbage in the
performance of their duties.
E.
Dispose of, deposit or place any garbage within the City of Oil City
subject to collection hereunder unless he/she is a resident of the
City and is current with the collection fees imposed herein.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine not exceeding $1,000
and costs of prosecution or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment.
[Adopted 8-27-1990 by Ord. No. 2520 (Ch. 148 of the 1986
Code)]
As used in this article, the following terms shall have the
meanings indicated in this section:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel or
aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The City of Oil City.
Paper of the type commonly referred to as "newsprint" 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.
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Empty high value plastic containers consisting of both polyester
and high-density polyethylene (resin type) material.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101,[1] and materials identified by the municipality to be recycled.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure for which the municipality
provides municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Department of Environmental Protection
for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.
The City of Oil City hereby establishes a recycling program for the
mandatory separation and collection of recyclable materials and the
separation, collection and composting of leaf waste from all residences
and all commercial, municipal and institutional establishments located
in the City of Oil City for which waste collection is provided by
the City or any other collector. Collection of the recyclable materials
shall be made at least once per month by the City of Oil City, its
designated agent, or any other solid waste collectors operating in
the City of Oil City and authorized to collect recyclable materials
from residences or from commercial, municipal and institutional establishments.
The recycling program shall also contain a sustained public information
and education program.
B.
Specific program regulations are provided as an attachment to this
article.[1] The Council of the City of Oil City is empowered to make
changes to this program as may be desirable or required by federal
and/or state laws or regulations. Regulations may be made through
approval of the City Council and public notice and notification of
all affected parties.
[1]
Editor's Note: Said regulations are attached to this
chapter.
A.
Separation of recyclables by residential single-family dwelling units;
storage and collection.
(1)
All persons who are residents of the City of Oil City shall separate
all of those recyclable materials designated by the City from all
other municipal waste produced at their homes, apartments and other
residential establishments; store such materials for collection; and
shall place the same for collection in accordance with the guidelines
established hereunder.
(2)
Metal, glass and plastic containers and newspaper shall be kept separate
from other refuse and shall be collected by the City or under subcontract
by its designated agent. Individual household units shall separate
and prepare for collection these materials in the following manner:
(a)
Newspapers shall be tied both across and lengthwise in easy-to-manage
bundles or placed in paper bags and kept dry.
(b)
Glass, metal and plastic containers shall be placed in a City-issued
recycling container or a similar weather-resistant receptacle at the
curbside to be collected at times designated by the City.
(c)
Newspapers, plastic, metal and glass containers, as defined
in this article, shall not be placed in the same garbage can as or
otherwise mixed with other forms of solid wastes for collection, removal
or disposal.
B.
Separation, storage and collection of recyclables by commercial,
municipal and institutional establishments and community activities.
(1)
As specified under Section 1501(c)(1)(iii) of Pennsylvania's
Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101
of 1988,[1] commercial, institutional and municipal establishments
must implement recycling programs. This also pertains to community
activities located within the City of Oil City.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
(2)
Materials that must be separated are high-grade office paper, aluminum,
corrugated paper and leaf waste. These materials must be stored until
collection. Collection of recyclable materials must be arranged by
each commercial, institutional and municipal establishment.
(3)
Commercial, institutional and municipal establishments must provide
for recycling of the required materials and must document the weight
of the recycled materials annually to the City of Oil City. An annual
report of the weight or volume of materials that were recycled in
the preceding calendar year must be received by the City on or before
January 31 of each following year.
C.
Separation, storage and collection of recyclables by multifamily
housing properties.
(1)
Multifamily housing properties must implement recycling programs.
Materials to be separated include metal, glass and plastic containers
and newspapers.
(2)
An owner, landlord or agent of an owner or landlord of multifamily
housing property shall establish a collection system for recyclable
materials at each property. The collection system must include suitable
containers for collecting and sorting the materials, easily accessible
locations for the containers and written instructions to the occupants
concerning use and availability of the collection system. Owners,
landlords and their agents who comply with the provisions of this
section shall not be liable for the noncompliance of their tenants.
D.
Separation, collection and composting of leaf waste.
[Amended 10-23-1995 by Ord. No. 2591]
(1)
All persons who reside in residential dwellings and all persons who
are responsible for the administration of multifamily dwellings and
commercial, municipal and institutional establishments who gather
leaves shall source-separate all leaves in the manner therefore or
hereafter prescribed by the City.
(2)
Nothing herein shall require any person to gather leaves or prevent
any person from utilizing leaves for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscape purposes.
(3)
Residents may dispose of their leaves either by collecting them in biodegradable paper bags and having them placed at a curbside location for collection by the City or its authorized representative or by arranging for the collection, transportation and disposal of the leaves themselves at the City's leaf composting site or at any other appropriate locations. At no time and under no circumstance shall the property owner place any leaves in the street gutter. Responsibility for the disposal of leaf waste from private property, including the area between the sidewalk and the curb (if applicable), shall rest solely with the property owner. Persons violating this section may be subject to the provisions of § 268-23 of this article.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited.
A.
From the time of placement of recyclables at the curb for collection
in accordance with the terms thereof, items shall be and become the
property of the City of Oil City or its authorized agent. It shall
be a violation of this article for any person unauthorized by the
City of Oil City to collect or pick up or cause to be collected or
picked up any such items. Any and each such collection in violation
hereof from one or more location shall constitute a separate and distinct
offense punishable as hereinafter provided. Nothing in this article
shall be deemed to impair the ownership of separated recyclable materials
by the generator unless and until such materials are placed at the
curbside for collection.
B.
It shall be unlawful for a person to collect, remove or dispose of
solid waste which contains metal, glass and plastic containers and
newspapers combined with other forms of solid waste.
C.
The City Council or its agent is empowered to designate the day(s)
of the month on which recyclables shall be collected, removed and
disposed of from a particular area.
A.
Each household shall pay to the City a fee of $8.70 per month for
the collection of recyclables and leaf waste for the period commencing
July 1, 2016.
[Amended 2-26-1996 by Ord. No. 2598; 10-28-2002 by Ord. No. 2684; 1-5-2004 by Ord. No. 2697; 6-14-2004 by Ord. No. 2700; 6-25-2007 by Ord. No.
2737; 6-24-2013 by Ord. No. 2820; 12-17-2015 by Ord. No. 2846]
B.
All bills or invoices shall be dated and shall be due and payable
upon presentation thereof. A penalty of 10% shall be added to the
net sum due and payable if payment is not made within 20 days from
the date of such invoice or bill. Each bill or invoice shall designate
the date on and after which the penalty shall be added.
C.
If any account shall be delinquent for more than 60 days after the
same shall become due and payable, it shall be lawful for the proper
City officers or officials to file a lien or liens against the property
for any and all delinquent accounts in the same manner provided by
law in the case of unpaid City taxes on real estate and to proceed
to collect the same from the owners, including all costs associated
with the filing of said liens. In the case of tenant-occupied or -leased
properties, delinquent accounts are the responsibility of the property
owner, and it shall be the sole responsibility of the property owner
to keep informed about the current status of his/her tenants or leases
regarding payments hereunder.
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the City Council or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
A.
The City Manager is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this article
as deemed necessary, including but not limited to:
(1)
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for the amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
B.
The municipality reserves the right not to collect municipal waste
containing recyclable materials in combination with nonrecyclable
materials.
A.
Any person, firm or corporation who shall violate the provisions
of this article shall receive written warning of noncompliance for
the first and second offense. Thereafter, all such violations shall
be subject to the penalties hereinafter provided.
B.
Any person who shall violate any provisions of this article shall,
upon conviction before a Magisterial District Judge, be guilty of
a summary offense and be sentenced to pay a fine of not more than
$600 and costs of prosecution or, in default of payment of such costs,
to undergo imprisonment for not more than 90 days. Each violation
of any provision of this article and each day the same is continued
shall be deemed a separate offense.
This article shall take effect and be in force at 12:01 a.m.
September 24, 1990.
