The following words and phrases as used in this article shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
BULKY WASTE
Large items of solid waste, including but not limited to large auto parts, household appliances or furniture, trees, branches or stumps or other large items that may require special handling due to their size, shape or weight.
COLLECTOR
A City employee, if and when the City decides to take over and perform the function of collection of solid wastes as a part of its regular municipal responsibilities, otherwise, it means the employees, agents and/or servants of any contractor or individual who has been selected by the City Council of the City of Butler and who has been properly licensed by the Commonwealth of Pennsylvania and authorized to assume the responsibility of the aforesaid function.
COMMERCIAL AREAS
All areas occupied and used primarily for business or social purposes and includes stores, bakeries, restaurants, cafeterias, hotels, clubs, schools, churches and other public gathering places or buildings.
CURB or CURBLINE
The term "curb" means a concrete border or row of joined stones forming part of a gutter along the edge of a street. The term "curbline" means the inside edge of the top of the curb. In areas where no curb is present, it shall mean the edge of the sidewalk closest to the roadway. If no sidewalk is present, it shall mean the edge of the property line that abuts the roadway.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish that normally originates in a residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by the Commonwealth of Pennsylvania to collect, transport and dispose of refuse.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined in the Act, that because of its quantity, concentration or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INSPECTOR
The person designated by City Council as the inspector of garbage and refuse collections and disposal, who shall make such inspections and investigations to assure compliance with the provisions of this article and any other ordinance of the City relating to the collection and disposal of garbage or refuse.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste under Act 97.
REFUSE
A combination of all discarded articles or materials, ashes, and rubbish, but excluding garbage, sewage and liquid wastes.
RUBBISH
Mixed fragments resulting from the use of household necessities, including but not limited to glass, china, metal, tin, wood, leather, rubber, carpeting, prunings from vines and shrubbery and other foreign matter, but excluding garbage.
YARD WASTE
Noncomposted tree trimmings, leaves, branches, shrubs, grass clippings and other by-products of vegetative growth.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
Each family, dwelling and/or commercial establishment shall provide, at its own expense, sufficient containers to provide adequate storage for all garbage accumulating on its individual premises for at least one week. Each container shall be watertight and constructed of either galvanized metal or plastic and shall have tight-fitting covers that prevent the elements from affecting the garbage stored therein. Each container shall have the address of the property on the outside of the container.
[Amended 6-23-2016 by Ord. No. 1730]
B. 
Before being placed in a container, garbage shall be thoroughly drained of all liquid and either wrapped in newspaper or secured in a plastic garbage bag secured with drawstrings or other metal or plastic ties. On the day of collection, containers shall be placed at the property's front curbline or other designated location that is agreeable to the collector. (See § 226-3 below.)
C. 
All containers shall be kept clean by the owner and, if necessary, disinfected. Each family or commercial establishment, upon receipt of two weeks' written notice from the City's inspector, shall replace at its own expense any container that is no longer sanitary or fit for the purpose intended as the result of rusting or from any other damage.
A. 
All rubbish shall be assembled, boxed, bundled separately or placed in sturdy plastic bags of a reasonable size and in such a manner that all items can be handled by one person and will not be disseminated by wind or otherwise while awaiting collection. All prunings from vines and shrubbery and tree limbs shall not exceed 36 inches in length and shall be securely tied in bundles.
B. 
Residents must coordinate with the City's contractor for the pickup of bulky waste items that require special handling, and they must comply with the contractor's guidelines that govern bulky waste items.
C. 
All household rubbish/refuse shall be placed at the curbline on the morning of the day designated by the collector for collection thereof, or on the evening prior thereto. Where a property abuts on or adjoins an alley, street or way at the rear or side, materials for collection may be placed at such curb. Otherwise, they will be placed at the front street curb in such a manner that does not block the public right-of-way or traffic on City streets.
D. 
All items placed at the curbline or other designated area for collection shall be at street level, and the collector shall not be required to make collection from a dwelling unit to which access is unavailable for his equipment.
No person shall accumulate or allow to remain on his premises or property, either directly or indirectly under his control or other private or public property within the City, any garbage, offal, carcasses, putrid or other offensive or unwholesome matter or cast the same upon any lot, piece of land or parcel of land, either public or private, or upon any street or sidewalk within the City or upon the shores or margin area or any stream or body of water or into any sewer inlet, excepting through kitchen sink garbage disposal units. No person shall use or permit to be used any location or place within the City as a public or private dump for the accumulation of garbage or any other class of refuse. Any person found guilty of violating any of the foregoing regulations shall be subject to the penalties hereinafter provided.
A. 
The City may, if it so desires, assume the functions of collecting, with its own equipment and employees, garbage and/or refuse from residential and/or commercial areas, or it may contract with a collector for these services.
B. 
All collectors must use reasonable care in handling garbage and refuse containers provided by residents and business owners so as to prevent damage thereto. If containers are carried to the truck for emptying, care must be taken to prevent the contents thereof from spilling on the premises and/or public highway. In the event that such spilling occurs, the collector shall clean up the material so spilled and place it in his truck.
C. 
Collectors must ensure that no spilling of any material occurs from their trucks either inside or outside the City. In the event that it does, they will clean it up and replace all spilled materials in their trucks.
D. 
No person, except an authorized contractor or other licensed collector, shall collect garbage and/or refuse within the City and transport the same over City streets, and no garbage or mixture of garbage and refuse shall be transported through the City unless the body of the truck is constructed of steel and is watertight.
E. 
Private disposal.
(1) 
Owners of domestic areas shall be responsible for preventing accumulation of waste on their properties and for violations of City ordinances or regulations dealing with storage and removal of solid waste. All owners of domestic areas shall contract with the hauler licensed by the City of Butler to provide such service or provide the City of Butler, or its designee, with proof that the owner will be providing for disposal of the garbage or refuse generated from his or her property on his or her own.
(2) 
In instances where the owner desires to dispose of the garbage or refuse on his or her own, the owner shall provide the City, or its designee, with the dates and times for the collection, the manner of collection, the equipment to be used in transporting, and the site for disposal of the garbage or refuse. All equipment shall be free from leaks and shall not permit garbage or refuse to be scattered upon any streets or alleys of the City. This subsection shall not be construed to authorize any owner of a premises consisting of four or fewer domestic units to contract with a hauler other than the contractor having the exclusive right to collect garbage or refuse within the City and instead is intended to recognize the owner's right to lawfully dispose of garbage or refuse by hauling and disposing of it by his or her own means.
(3) 
The responsibility imposed upon owners of domestic areas by this subsection may not be satisfied by delegation to tenants, lessees, invitees, householders or any other person.
A. 
Should City Council decide to award a contract for the exclusive right to collect either garbage or other refuse, or both, such contract shall be awarded from time to time for such periods as shall be determined by Council and shall be awarded to the lowest responsible bidder, following the procedures prescribed in the Third Class City Code[1] for the award of contracts in such manner as prescribed by law. Such contract shall fix and regulate the time and manner of collection, state the prices to be charged to those using the service and such other matters pertinent thereto.
[1]
Editor's Note: See 53 P.S. § 35101 et seq.
B. 
The person to whom such contract is awarded shall, before undertaking any of these duties, give bond to the City in such amount and with such security as Council may require, conditioned upon faithful compliance of the terms of the contract.
No person shall dispose of any garbage or refuse originating within the City of Butler at a sanitary landfill without complying with all provisions of Act 97 (The Pennsylvania Solid Waste Management Act of 1980.)
[Amended 6-23-2016 by Ord. No. 1730]
It shall be unlawful for any person to burn solid waste without a permit from the DEP or permit the burning of solid waste which creates potential hazards to the public health or causes unsightliness or public nuisance within the jurisdictional limits of the City. Solid waste is defined as "Any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings" (definition amended December 12, 1986, P.L. 1556, No. 168), per the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 through 6018.1003.
Nothing in this article shall be construed to authorize and/or require duly licensed collectors hereunder to collect and/or dispose of rejected building materials from either new or remodeled structures, sidewalks and/or public or private roads. Such rejected material shall be collected and/or disposed of by the construction contractor or by the respective property owner at his own expense.
[Amended 8-22-2013 by Ord. No. 1676]
A. 
The Code Enforcement Officer, having the responsibility and authority to enforce the provisions of this article, shall issue a written warning notice of the violation. A penalty of $25 is hereby imposed by the City commensurate with the issuance of the written warning notice of the article violation. Any person issued a written warning notice of this article violation shall have the period of time set forth in the written warning notice within which to correct the violation and a period of 10 days within which to pay a penalty of $25 to the City. In the event that the violation is not corrected within the period of time set forth in the written warning notice or the penalty is not paid within 10 days, the City may commence formal proceedings against such offender for the violation.
B. 
Any person, including a contractor or licensed collector, who violates any of the provisions of this article shall, upon conviction before a District Justice, be fined not more than $500 and costs of prosecution and, in default of payment of the same, shall be imprisoned for not more than 90 days. Each day's violation of any of the provisions of this article, after receipt of a written notice, shall constitute a separate offense.
[Amended 6-23-2016 by Ord. No. 1730]