[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.]
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:
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]
A building used for residential purposes with more than three
dwelling units, except hotels, motels, tourist cabins, and dormitories.
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking.
The Borough of Carlisle, Cumberland County, Pennsylvania;
the Borough Council and the Borough Manager of the Borough of Carlisle.[1]
A service for the collection of solid waste, recyclables,
leaf waste and bulky waste, which is provided by the Borough or the
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.
The official tag issued and sold by the Borough for purposes of identifying a refuse bag or bulky waste to be collected as part of the Borough collection service. Such tags shall be available for purchase at the Borough Office at a price as set forth in Chapter 120.
[Added 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
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]
Those services to be performed by contractor as follows:
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
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]
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]
Those properties used primarily for commercial or industrial
purposes.
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]
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]
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]
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]
A building designed for and containing four 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; amended 11-14-2019 by Ord. No.
2350, approved 11-14-2019]
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]
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.
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]
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.
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]
Those facilities that house or serve groups of people for
a common purpose, such as hospitals, schools and nursing homes.
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]
Periodicals containing articles, stories, pictures or other
features printed on glossy paper.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
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]
Public facilities operated by the Borough of Carlisle and
other governmental and quasi-governmental authorities.
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]
Every natural person, firm, corporation, partnership, association
or institution.
Polyethylene terephthalate used to make plastic products
labeled with the number 1.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
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]
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 materials.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
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]
Recyclable materials.
[Added 2-8-2007 by Ord. No. 2069, approved 2-15-2007]
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.
Those services to be performed by contractor as follows:
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
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]
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]
A plastic bag through which collection and disposal services
for refuse can be made. The plastic bag shall be of suitable size
and construction to contain its contents, and when containing refuse
the bag weight shall not exceed 40 pounds.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005; amended 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
Those services to be performed by contractor as follows:
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
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]
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]
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.
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]
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.
[1]
Editor's Note: The former definition of "Borough bag," which
immediately followed this definition, was repealed 12-8-2022 by Ord. No. 2410, approved 12-8-2022.
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]
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]
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 wastes, except those specified in § 212-2A, to be regularly collected by the Borough or the Borough collector shall be placed in one refuse bag or in a suitable reusable trash container supplied by the customer for collection. When placed in a reusable trash container, the refuse may, but is not required to, be placed in a refuse bag. When a container is used, the contents of the solid wastes shall not exceed 40 pounds, excluding the weight of the container. When a refuse bag is used, the weight of the refuse bag shall not exceed 40 pounds. Any solid wastes set out for collection in excess of one refuse bag or one container must be placed for collection in a refuse bag that has a Borough tag attached to it.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
(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]
(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 wastes weighing 40 pounds or less, including
bundles of sticks and brush which do not fit into a refuse bag or
container, shall be collected if a Borough tag 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.
[Amended 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
(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 trash container or trash bag 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
in bags or containers for collection, but collected curbside by the
Borough by use of a vacuum equipment vehicle on dates to be announced
by the Borough. Leaves are to be raked into the street not more than
24 hours prior to the beginning of the scheduled collection period
and shall be placed approximately one foot away from the curb or edge
of the road pavement in a row parallel to the curb or edge of the
road pavement that is no higher than three feet or wider than four
feet. Only leaves will be collected. Leaves left for collection in
the manner noted above must not contain sticks, twigs, branches, other
yard waste, trash or other debris. Leaves must not be placed within
five feet from any parked vehicle, storm drain or any other obstacle,
or within the ramps of designated crosswalks.
[Amended 2-8-2007 by Ord. No. 2069, approved 2-15-2007; 4-9-2015 by Ord. No. 2219, approved 4-9-2015; 8-10-2023 by Ord. No. 2421, approved 8-10-2023]
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 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 one refuse bag or in a suitable reusable trash container supplied by the customer for collection, subject to the weight limitations noted in § 212-3B(1)(a), with all additional refuse bags having Borough tags attached to them, and with recyclables being placed in a clear plastic bag 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; 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
(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.
Borough tags will be available for purchase at the Borough Office, Municipal Building, 53 West South Street, Carlisle, Pennsylvania, at such fees as set forth in Chapter 120, Fees, as amended from time to time by resolution pursuant to § 120-3C.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
B.
Ashes placed in refuse bags will be collected. Tree
trimmings and other plant material which are properly secured in bundles
weighing no more than 40 pounds and having a Borough tag attached
will be collected.
[Amended 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
C.
Unless otherwise provided in this chapter, a Borough
resident must obtain and use one refuse bag or one suitable refuse
container to contain his or her solid waste for collection. Any additional
solid waste placed for collection in addition to the one refuse bag
or one refuse container must be placed in a refuse bag containing
a Borough tag.
[Amended 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
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]
E.
In accordance with the Municipal Claims Act, 53 P.S. § 7101 et seq., as amended, all solid waste and recyclables collection charges, penalties and interest, together with those costs, fees and interest noted in § 120-22, shall constitute a lien upon and against every parcel of developed land and its owner from the date of their imposition and assessment. In addition, the Borough reserves the right to pursue any and all other remedies available to it for nonpayment of solid waste and recyclables collection charges.
[Added 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
F.
Notwithstanding any other provision contained in the Code of the Borough of Carlisle to the contrary, including, but not limited to, § 220-9A, payments made to the Borough on account of solid waste and recyclables collection shall be applied to an owner's bill in the following order:
[Added 12-8-2022 by Ord. No. 2410, approved 12-8-2022]
[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.
