Borough of Carlisle, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 4-26-1990 by Ord. No. 1671, approved 4-26-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 120.
Property maintenance — See Ch. 183.
Refrigerators and freezers — See Ch. 189.
The following words and terms 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
Includes all aluminum food and beverage cans. This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
APARTMENT BUILDING
A building used for residential purposes with more than three dwelling units, except hotels, motels, tourist cabins, and dormitories.
ASHES
The residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating and cooking.
BOROUGH
The Borough of Carlisle, Cumberland County, Pennsylvania; the Borough Council and the Borough Manager of the Borough of Carlisle.
BOROUGH BAG
The plastic bag used for the collection of solid waste in the Borough collection service.
BOROUGH COLLECTION SERVICE
A service for the collection of solid waste, recyclables, leaf waste and bulky waste, which is provided by the Borough or the Borough collector.
BOROUGH COLLECTOR
A person designated by the Borough by means of an independent contract to have the exclusive right and privilege, subject to certain limitations, to collect, haul and/or dispose of solid waste and recyclables within the Borough of Carlisle, but shall not be construed as meaning that such person is an employee, official or representative of the Borough.
BRUSH
Tree, shrub and similar trimmings or parts six inches or greater in diameter, but excludes leaf waste and grass clippings.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
BULK ITEM COLLECTION SERVICES
Those services to be performed by contractor as follows:
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
A. 
Collection of bulk items from locations;
B. 
Transportation of bulk items in trucks or roll-offs; and
C. 
Disposal of bulk items at a facility licensed by the Pennsylvania Department of Environmental Protection (DEP).
BULK ITEMS
A general term which shall mean all matter and material too large to fit in a standard thirty-five-gallon trash bag and which is discarded or rejected by the owners or producers thereof as useless and which is not so heavy that it cannot be lifted onto a truck by two persons; in any case, bulk items shall not include any of the following: automobiles and automobile parts; building materials and construction debris (from other than small projects exclusively done by the homeowner); brush, yard waste including dirt, rocks, leaf waste, and grass clippings; petroleum products; household hazardous waste; commercial and industrial waste; chemicals; and tires.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005; amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
BULKY WASTE
Large items of waste, including but not limited to appliances, furniture and large auto parts.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007; 5-10-2018 by Ord. No. 2303, approved 5-10-2018]
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes.
COMMINGLED
Refers to placement of recyclable materials as defined herein, except corrugated cardboard, without segregation by color or type in a special recycling container for the purpose of collection.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
CONTAINERS
Refers to cubic yard containers (dumpsters), thirty-gallon units located along High and Hanover Streets referred to as "downtown containers," fifty-five-gallon toters located in Borough Cemeteries, and roll-off containers located at the Borough's compost facility, public works garage or other area designated by the Borough.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005; amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
CUMBERLAND COUNTY SOLID WASTE AUTHORITY LICENSEE (COUNTY LICENSEE)
A person, not the Borough collector, licensed by the Solid Waste Authority of Cumberland County, to collect, haul and/or dispose of solid waste and/or recyclables from persons not exclusively within the area of responsibility of the Borough collector.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
CURBSIDE COLLECTION
The collection of municipal waste and recyclables when placed at the edge of a curb or paving of a street or alley.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
DWELLING, MULTIFAMILY
A building designed for and containing three or more dwelling units. This specifically includes apartment buildings. (See § 212-1.) It also includes garden apartments, mid-rise apartments or single-family attached dwellings as defined in Chapter 255, Zoning. (See § 255-12.)
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
DWELLING UNIT
A living area comprised of more than one room used for living and sleeping purposes and having its own kitchen with fixed cooking, refrigeration and plumbing facilities, and its own sanitation facilities with bath and toilet fixtures, all arranged for occupancy by one family or a single person. Each dwelling unit shall have a separate access to the outside or to a common passageway. The term shall not include habitable living space within a boardinghouse, hotel, motel, hospital, nursing home, fraternity, sorority house or any group residence.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof and all other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
GLASS
The hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently included in the manufacture of glass; and shall for the purpose of the Borough's solid waste/recycling contract include all materials commonly known as glass bottles or containers. This includes all food and beverage containers made of glass of one gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly known as window or plate glass.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
HAZARDOUS WASTE
Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be "hazardous" as that term is defined by or pursuant to federal or state law.
HDPE
High-density polyethylene used to make plastic products labeled with the number 2.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people for a common purpose, such as hospitals, schools and nursing homes.
LEAF WASTE
Leaves, garden residues and similar material approved by the Public Works Department, and shrubbery and tree trimmings less than six inches in diameter, but not including grass clippings.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
MAGAZINES
Periodicals containing articles, stories, pictures or other features printed on glossy paper.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
MAIL
White or colored paper correspondence as received through the U.S. Postal Service, specifically, letters, brochures, and envelopes with or without cellophane windows.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of Carlisle and other governmental and quasi-governmental authorities.
NEWSPAPER
Types of paper made from wood pulp and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper further means and includes glossy paper inserts commonly used in advertisements.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
PERSON
Every natural person, firm, corporation, partnership, association or institution.
PET
Polyethylene terephthalate used to make plastic products labeled with the number 1.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
PROCESSING CENTER
Any facility maintained for the purpose of sorting, preparing and/or consolidating recyclable materials (as defined herein) for sale.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
PUBLIC NUISANCE
Any premises which is capable of being a fire, health or safety hazard due to but not limited to accumulations of any flammable materials, solid waste, recyclables or hazardous waste; or any premises which contains unauthorized accumulations of solid waste and/or recyclables.
RECYCLABLE ITEMS
Recyclable materials.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
RECYCLABLE MATERIALS
Includes colored and clear glass, aluminum cans, PET and HDPE plastic containers, corrugated cardboard, mail, newspaper, steel and bimetal cans, leaf waste and, without limiting the foregoing, such other materials as the parties to the Borough's solid waste/recycling contract may agree in writing.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
RECYCLABLES
Recyclable materials.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
RECYCLING AWARENESS PROGRAM
The program provided by the Borough in conjunction with programs developed by the county to inform and encourage residents to use the recycling collection services.
RECYCLING COLLECTION SERVICES
Those services to be performed by contractor as follows:
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
A. 
The collection and conveyance of recyclable materials;
B. 
Processing of recyclable materials as applicable; and
C. 
Marketing of the recyclable materials.
RECYCLING CONTAINERS
Sturdy plastic containers (either the bin and/or bucket type) having a minimum capacity of 18 gallons and bearing the Carlisle Borough recycling logo.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
REFUSE
A general term which shall mean 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 citizens of the Borough of Carlisle; it shall include ashes, garbage, rubbish, trash, and other refuse materials, but exclude human body waste; debris from household renovations, whether interior or exterior; dirt; rock; lead pipes; limbs or the trunks of trees greater than three inches in diameter; hazardous wastes; and recyclable items as defined herein.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
REFUSE BAG
The official Borough plastic bag through which collection and disposal services for municipal waste are exclusively rendered. Said bags shall be constructed of two to three mil thick plastic. Bag weight, when placed at the curb, shall not exceed 40 pounds. The color of the bags and any printed matter thereon shall be at the sole discretion of the Borough.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
REFUSE COLLECTION SERVICES
Those services to be performed by contractor as follows:
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
A. 
Collection of refuse;
B. 
Transportation of refuse in trucks; and
C. 
Disposal of refuse at a facility licensed by the Pennsylvania Department of Environmental Protection (DEP).
RESIDENTIAL BUILDING
A building used for residential purposes, except multifamily dwellings, boardinghouses, hotels, motels, hospitals, nursing homes, fraternities, or sorority houses.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
RUBBISH
Woodenware, leather, rags, grass, straw, manure and all solid combustible matters not included in this section under the term "garbage."
[Amended 5-10-2018 by Ord. No. 2303, approved 5-10-2018]
SOLID WASTE
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 citizens of the Borough; it shall include garbage, rubbish and trash, but exclude human body waste; debris from household renovations, whether interior or exterior; dirt; rock; lead pipes; limbs or the trunks of trees greater than three inches in diameter; hazardous waste; and recyclable items as defined herein.
SOLID WASTE COLLECTION SERVICES
Those services to be performed by the Borough collector or a county licensee, which include the collection of solid waste from locations specifically designated by the Borough, the Borough collector or county licensee, transportation of solid waste in trucks and disposal of solid waste at a facility licensed by the Pennsylvania Department of Environmental Protection (DEP).
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
TRUCK(S)
Vehicle(s) used for the collection of solid waste and recyclables which has mounted thereon an approved type, watertight sanitary body or which has a standard truck body made watertight and equipped with means of covering to prevent loss of material by wind.
A. 
Residential buildings or multifamily dwellings. It shall be mandatory for all persons who are owners, lessees and occupants of residential buildings or multifamily dwellings within the Borough of Carlisle to separate the following materials to be discarded and to store such materials until collection:
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
(1) 
Clear glass.
(2) 
Colored glass.
(3) 
Aluminum cans.
(4) 
Plastic (PET) soda bottles.
(5) 
Plastic milk and water jugs (HDPE).
(6) 
Corrugated cardboard.
(7) 
Newspaper.
(8) 
Steel and bimetallic cans.
(9) 
Leaf waste.
(10) 
Mail.
B. 
Commercial, municipal or institutional establishments and community activities. It shall be mandatory for all persons who are owners, lessees and occupants of commercial, municipal or institutional establishments and for community activities within the Borough of Carlisle to separate the following materials to be discarded and to store such materials until collection:
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
(1) 
High-grade office paper.
(2) 
Aluminum cans.
(3) 
Corrugated cardboard.
(4) 
Leaf waste.
C. 
Lead acid batteries to be discarded. It shall be mandatory for all persons within the Borough of Carlisle to separate lead acid batteries from other solid waste and to dispose of such a battery by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency or to a collection or recycling facility authorized under the laws of the Commonwealth of Pennsylvania.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
D. 
Leaf waste. Owners, lessees and occupants of residential buildings or multifamily dwellings and owners, lessees and occupants of commercial, municipal or institutional establishments within the Borough of Carlisle shall separate leaf waste. Leaf waste may be stored for periods not longer than one month and shall be privately delivered to the Borough's composting facility within such period unless an announced Borough curbside collection is scheduled within such period. Persons who have properly provided for the composting and use of leaf waste on site shall be excused from the storage limitation provided herein.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
E. 
Modification of recyclable materials collected. The Borough reserves the right to negotiate with the Borough collector a change in recyclable items during any contract period depending on the marketability of recyclable materials and requirements of Pennsylvania state law, rule or regulation.
A. 
Preparation of solid waste, recyclables, ashes and bulky waste.
(1) 
Preparation for collection by the Borough or Borough collector.
(a) 
All garbage and rubbish shall be drained of liquids before being deposited for collection.
(b) 
Recyclables shall be drained of liquids and rendered free of garbage and rubbish before being deposited for collection.
(c) 
Ashes shall be stored in a noncombustible container until cool.
(d) 
All materials shall be otherwise prepared for collection in accordance with any regulations established by the Borough Manager.
(2) 
Preparation for collection by a county licensee. The manner of preparation of solid waste, recyclables, ashes and bulky waste for collection by a county licensee is a matter of agreement between the private parties involved; provided, however, that such manner shall be subject to the power of regulation of the Borough Manager and shall not be unnecessarily offensive to the senses, attractive to vectors, creative of other nuisances, unsafe or unhealthy.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
B. 
Containers.
(1) 
Containers to be collected by the Borough or Borough collector.
(a) 
All solid waste, except § 212-2A, to be regularly collected by the Borough or Borough collector shall be placed in the refuse bag provided by the Borough for such use. The plastic bags bearing the Borough name will be available at the Borough Offices and at local commercial establishments throughout the Borough as set forth in Chapter 120, Fees, as enacted and ordained, and as may be from time to time amended.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
(b) 
Recyclables to be regularly collected by the Borough or Borough collector, with the exception of corrugated cardboard and leaf waste, shall be placed in a special container which is clearly distinguishable from the Borough bags used for the collection of solid waste. The container will be available for purchase at the Borough offices at the cost established from time to time as set forth in Chapter 120, Fees; a charge will be made for additional containers and replacement of containers for reasons other than defects therein.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1)(c), regarding collection of newspapers, was repealed 2-8-2007 by Ord. No. 2069, approved 2-15-2007.
(d) 
Corrugated cardboard to be regularly collected by the Borough or Borough collector shall be tied together in bundles not more than 36 inches in length, 12 inches in height and weighing not more than 40 pounds and shall be placed next to the containers for other recyclable materials.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
(e) 
Cooled ashes shall be placed in a Borough bag for collection, provided that said bag weighs less than 40 pounds.
(f) 
Bulky waste weighing 40 pounds or less, including bundles of sticks and brush, which do not fit in a Borough bag shall be collected if a Borough bag is attached to the bundle. Persons may dispose of bulky waste weighing over 40 pounds by contracting privately with the Borough collector or with a Borough licensee.
(2) 
Containers to be collected by county licensee. The containers for solid waste, recyclables, ashes and bulky waste to be collected by a county licensee are a matter for agreement between the private parties involved; provided, however, that such containers shall be subject to the power of regulation of the Borough Manager, that containers for garbage and rubbish to be collected shall consist of lightly closed containers of sufficient weight, composition and strength to prevent escape of the contained material; that receptacles for ashes to be collected shall consist of nonbulk containers of sufficient weight, composition and strength to prevent escape of the contained ashes; and that no manner of containing solid waste or recyclables for collection shall be unnecessarily offensive to the senses, attractive to vectors, creative of other nuisances or unsafe; and, provided further that approved bulk containers of metal, watertight with tight-fitting covers, may be used for commercial and industrial solid waste and recyclables and waste from apartment buildings and that, in the case of bulky waste being by its nature impractical of containment and incapable of causing litter, no container shall be required for collection purposes.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
C. 
Storing of solid waste, recyclables and leaf waste. No person shall place any solid waste or recyclable in any street, alley or public place or upon any private property, whether owned by such person or not, within the Borough, except in proper containers for collection or under an express approval by the Borough Manager. No person shall place or keep any Borough bag, biodegradable paper bag filled with leaves or recycle collection container on or within 10 feet of any street, alley, sidewalk or public place, except for placement for collection not more than 24 hours prior to the time of scheduled collection. No person shall throw or deposit any solid waste or recyclables in any stream or other body of water. Leaves fallen from trees shall not be placed or allowed to remain upon or collected in piles upon any street or sidewalk but will be collected by the Borough, on dates scheduled therefor, if placed in biodegradable paper bags, not to exceed 50 pounds in weight when filled, and set out upon the curb or elsewhere as directed by the Borough Manager.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007; 4-9-2015 by Ord. No. 2219, approved 4-9-2015]
D. 
No burning permitted. No burning of rubbish, solid waste, leaf waste or recyclables, either openly or in closed containers, will be permitted in the Borough of Carlisle.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
A. 
Residential buildings. Solid waste and recyclables, except leaf waste, from all residential buildings within the Borough of Carlisle shall be collected by the Borough collector. Solid waste and recyclables, except leaf waste, shall be collected by the Borough or Borough collector from residential buildings as often as necessary, and specifically at least weekly, unless prevented by unusual circumstances. Both services shall be provided on the same day of the week.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
B. 
Multifamily dwellings. This Subsection B shall govern collection practices for multifamily dwellings located upon one tract of land (one lot).
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
(1) 
The owner, landlord or agent of an owner or landlord of a multifamily dwelling shall contract with a third-party refuse collection service and third-party recycling collection service, which need not be the Borough collector, to provide for a system of separation, storage and collection of an occupant's solid waste and recyclables. The owner, landlord or agent shall provide each dwelling unit with suitable separate solid waste and recycling receptacles that are easily accessible and written instruction shall be provided to occupants concerning the use and availability of the collection system. Owners, landlords or agents of owners or landlords shall not be liable for noncompliance of occupants if they comply with the requirements of this provision. In the alternative to the above, the owner, landlord or agent of an owner or landlord may request of the Borough that the multifamily dwelling be provided refuse collection and recycling collection service through the Borough collector under the solid waste and recycling contract with the Borough. The request, which must be in writing, must include documentation and justification as to why a third-party refuse collection and recycling service cannot be used for the dwelling. The approval of the request shall be at the discretion of the Borough Manager, after considering any site constraints or other relevant factors as determined by the Borough Engineer.
[Amended 11-14-2019 by Ord. No. 2350, approved 11-14-2019; 1-9-2020 by Ord. No. 2357, approved 1-9-2020]
(2) 
Recyclables shall be collected from multifamily dwellings as often as necessary, and specifically at least once a month. Solid waste shall be collected from multifamily dwellings as often as necessary, and specifically at least weekly, unless prevented by unusual circumstances.
C. 
Commercial, municipal and institutional establishments.
(1) 
Commercial, institutional and municipal establishments shall use the Borough collection service for the collection of solid waste and recyclables by contracting with the Borough collector for collection of said items pursuant to the contract for such service between the Borough and Borough collector. In the alternative, such establishments may contract with or be a county licensee for collection of solid waste and recyclables. In the further alternative, in the case of small commercial establishments generating no more than four bags of solid waste per week, such establishments may use the Borough collection system for the collection of solid waste and recyclables, in which case solid waste is to be placed in Borough bags, and recyclables are to be placed in clear plastic bags in lieu of a plastic recycling container. Commercial establishments selecting this option shall be responsible for purchasing the clear plastic bags to be used for collection of their recyclables.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
(2) 
Recyclables shall be collected from commercial, institutional and municipal establishments as often as necessary, and specifically at least once a month. Solid waste shall be collected from commercial, municipal and institutional establishments as often as necessary, and specifically at least weekly, unless prevented by unusual circumstances.[1]
[1]
Editor's Note: Original Subsection C(3), regarding commercial or institutional establishments electing to contract with a Borough licensee, which immediately followed this subsection, was deleted 3-10-2005 by Ord. No. 2032, approved 3-10-2005.
D. 
Points of collection.
(1) 
Collection by the Borough or Borough collector. Solid waste, recycling containers, newspapers and corrugated cardboard for collection by the Borough or Borough collector from a given property shall be placed at ground level on the property or on the sidewalk abutting said property and not within the cartway of a street or alley. Said material shall be accessible to and not more than 10 feet from the side or curb of the street or alley from which collection is made. Said placement for collection shall be not more than 24 hours prior to the time of a scheduled collection.
(2) 
Collection by a County licensee. Points of collection of solid waste and recyclables by a county licensee are a matter for agreement between the private parties involved; provided, however, that such points shall be subject to the power of regulation of the Borough Manager, that no cartway of a street or alley shall be employed as a point for the placing of waste containers, that no sidewalk shall be employed for the placing of such containers in a manner which disrupts its function; and that such points shall not constitute a nuisance, health or safety peril or unnecessary offense to the senses.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
E. 
Hazardous waste disposal. Hazardous waste shall not be placed in containers for regular collections but shall be handled and disposed of in an alternate and safe manner and in accordance with all applicable federal, state and local statutes, ordinances, rules and regulations.
F. 
Prohibited collection hours. No Borough collector, county licensee or other person shall collect, or remove for disposal, solid waste and/or recyclables from any location within the Borough of Carlisle during the hours from 8:00 p.m. through 6:00 a.m. prevailing time, except upon prior authorization from the Borough Manager or his designee. Such prior authorization shall be granted only when special conditions exist (delayed collection through no fault of the collector, holiday collection, early landfill closing or exceptional weather conditions) which would result in a collection delay. Any person violating this section shall be subject to the penalties set forth in § 212-10 of this chapter. In addition to those penalties, a licensee who violates this section shall be subject to revocation of any license obtained under the provisions of § 212-5 of this chapter.
[Added 2-8-2001 by Ord. No. 1943, approved 2-14-2001; amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
A. 
It shall be unlawful for any person other than the Borough to collect, haul and/or dispose of solid waste or recyclables in the Borough of Carlisle unless a license to so collect, haul and/or dispose of such solid waste and recyclables shall have been first obtained or a contract exists between the Borough and the person collecting, hauling and/or disposing of solid waste and/or recyclables. Such license shall be issued by the Solid Waste Authority of Cumberland County. Each such collection in violation hereof shall constitute a separate and distinct offense, punishable as hereinafter provided.
B. 
It shall be unlawful for any person, other than the Borough or Borough collector, to collect, haul and dispose of solid waste or recyclables in the Borough of Carlisle unless such a permit, current and valid, is so affixed to the vehicle employed.
C. 
To the extent permitted by law, the Borough shall use reasonable efforts to inform residents of the benefits which may be obtained from recycling, the types of waste which are recyclable and the schedule for collection of recyclables.
D. 
The Borough collector may be required, on or before the 10th day of each month, to provide a monthly recycling report to the Borough Manager, which shall be submitted in the form requested by the Borough, and shall include complete information with respect to the amounts of each recyclable material collected during the preceding month.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
Ownership of solid waste, including recyclable material, set out for collection shall be vested in the Borough as of the time it is collected by the Borough.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
The Borough shall establish a comprehensive and sustained public information and education program concerning the recycling program features and requirements in accordance with the Act of July 28, 1988 P.L. 556, 53 P.S. § 4000.1501(d).
A. 
The aforesaid plastic bags will be available at the Borough Office, Municipal Building, 53 West South Street, Carlisle, Pennsylvania, and at various local commercial establishments at such fees as shall be set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended. Said bags shall be available for wholesale purchase at a price as shall be set forth in Chapter 120, Fees, as enacted and ordained and as may be from time to time amended, by authorized sellers of the bags who are not Borough employees; authorization for such sales shall be by the Borough Manager.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
B. 
Ashes placed in Borough bags will be collected by the Borough without additional charge. Tree trimmings and other plant material which are properly secured in bundles weighing no more than 40 pounds and having a Borough bag attached as required herein will be collected by the Borough without additional charge.
C. 
Unless otherwise provided herein, a Borough resident must obtain and use only the plastic bags available from the Borough to contain his or her solid waste for collection and must obtain and use only the reusable container that shall be provided by the Borough collector to contain his or her recyclables for collection.
D. 
Where collection by a county licensee is permitted, fees for the collection and disposal of solid waste, recyclables, ashes and bulky waste by such licensee are a matter for agreement between the private parties involved.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
The Borough Manager or his/her designee shall have the authority to enforce the provisions of this chapter, as shall any Code Enforcement Officer or police officer of the Borough.
A. 
Any person violating any of the provisions of this chapter shall be subject to a fine of not less than $25 nor more than $300, plus costs of prosecution, and in default of payment of such fine and costs, to imprisonment for a term not exceeding 30 days.
B. 
Any owner, lessee or occupant of a residential building who disposes of solid waste or recyclables through a means of collection by a hauler within the Borough other than the Borough collection service shall be deemed to have violated this chapter. Each such act in violation hereof shall constitute a separate and distinct offense punishable as herein provided.
C. 
It shall be a violation of this chapter for any person(s) unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such solid waste or recyclable. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as herein provided.
D. 
Any premises on which conditions of waste exist causing it to be a public nuisance is prohibited. Failure to remove or remedy said public nuisance after receiving written notice to do so shall be deemed a violation of this chapter, punishable as herein provided.
E. 
Nothing herein is intended to preclude the Borough's exercise of any additional remedies, in law or in equity, for noncompliance with this chapter.