[HISTORY: Adopted by the Borough Council of the Borough of Coudersport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-1989 by Ord. No. 495]
There is hereby established a program for the separate collection of
recyclable newsprint, recyclable aluminum beverage cans and recyclable glass,
as those terms are hereinafter defined, generated from residential and commercial
premises within the Borough of Coudersport.
As used in this article, the following terms shall have the meanings
indicated:
Beverage cans constructed solely of aluminum, not tin, metal or steel.
Clear or colored glass containers which shall not have or contain
foreign substances rendering them usable for recycling.
Solid waste consisting of newspapers, magazines, telephone books
and cardboard, which shall not have been exposed to foreign substances or
conditions rendering them unusable for recycling. Anything herein to the contrary
notwithstanding, however, any person may wrap solid waste in used newspaper
and discard the same with regular solid waste even if such wrapping does affect
the usability of the newspaper for recycling.
A.
Recyclable newsprint, recyclable aluminum beverage cans
and recyclable glass shall be kept separate from each other and from other
refuse and shall be separately collected as hereinafter provided. Each residential
or commercial entity within the Borough of Coudersport shall separate recyclable
newsprint from both recyclable aluminum beverage cans and recyclable glass
as well as being separated from other refuse and shall be bundled in lengthwise,
easy-to-manage bundles or by placing the recyclable newsprint in paper bags.
Each residential or commercial entity within the Borough of Coudersport shall
separate recyclable aluminum beverage cans from both recyclable newsprint
and recyclable glass as well as being separated from other refuse and shall
prepare said recyclable aluminum beverage cans for collection by placing them
in either paper bags or cardboard boxes or containers provided by the Potter
County Solid Waste Authority. Each residential or commercial entity within
the Borough of Coudersport shall separate recyclable glass from recyclable
newsprint, recyclable aluminum beverage cans and other refuse and shall prepare
the same for collection by placing recyclable glass in either paper bags or
cardboard boxes or containers provided by the Potter County Solid Waste Authority.
As so prepared, these materials shall be placed at the curbside to be collected
at times as herein designated or shall be placed in recycling shelters at
any time.
B.
The Borough Manager or the Borough Council are each hereby
authorized to designate, by regulation, the days and times for the collection
of recyclable newsprint, recyclable aluminum beverage cans and recyclable
glass and appropriate containers therefore.
From the time of placement at the curb of any recyclable newsprint,
recyclable aluminum beverage cans, or recyclable glass, pursuant to the provisions
of this article and the regulations issued hereunder, such recyclable newsprint,
recyclable aluminum beverage cans, and recyclable glass shall become the property
of the Borough of Coudersport. It shall be a violation of the terms of this
article for any person, other than authorized personnel of the Borough, to
collect, pick-up, or cause to be collected or picked up, any such materials.
Each such collection or pick-up in violation hereon shall constitute a separate
and distinct offense.
Notwithstanding any provision of this article, any person having ownership
of the same may sell or donate recyclable newsprint, recyclable aluminum beverage
cans, or recyclable glass to any person, partnership or corporation, whether
operating for profit or not for profit provided, however, that such materials
may not be placed for collection at, nor collected from, the curbside.
Any person, partnership or corporation who violates or fails to comply with any provision of this article or any regulation promulgated pursuant hereto with the exception of those persons violating § 363-4 of this article, shall, upon conviction thereof in a court of summary jurisdiction, be punishable by fines of not more than $10 for the first offense, not more than $25 for the second offense, and not more than $50 for the third offense. Any person who violates § 363-4 of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 and not more than $300.
[Adopted 11-17-1997 by Ord. No. 543]
This article shall be known as the "Solid Waste Disposal Ordinance."
For the purpose of this article, the following terms, phrases or words
shall have the meaning ascribed to them in this section except where the context
in which the word is used clearly indicates otherwise.
Residue from the burning of wood, coal, coke or other combustible
material.
The Borough of Coudersport, Potter County, Pennsylvania, the Mayor
and the Borough Council of Coudersport.
Those individuals, partnerships, firms, corporations or business
entities designated by the Borough Council by means of independent contracts,
as the persons having exclusive rights to collect refuse within the Borough,
but, shall not be construed as meaning that said person is an employee, official
or representative of the Borough of Coudersport.
The use of premises other than as a dwelling.
A building used for residential purposes, except hotels, boarding
and lodging houses, tourist cabins, motels and trailer courts.
One or more rooms in a dwelling, which room or rooms have fixed cooking
facilities arranged for occupancy by one person, two or more persons living
together or one family.
A putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
All putrescible and nonputrescible solid wastes (excluding body wastes),
including garbage, rubbish, ashes, solid industrial waste, dead animals and
street cleaning.
Glass, metal, paper, plant growth, wood or nonputrescible solid wastes,
not including cars or metal car parts.
A.
It shall be unlawful for any person, other than such
persons as are duly authorized by the Borough, to collect or haul refuse of
any nature within or from the Borough.
B.
The Borough shall designate one or more persons as Borough
collectors, in the discretion of Borough Council. Except as otherwise provided
in this article, such Borough collector or collectors shall have the exclusive
right and obligation to collect and haul refuse within the Borough.
C.
The Borough shall be entitled to authorize any duly qualified
person to be designated as a Borough collector provided that said collector
submits an application, pays such reasonable fee for a Borough Collector License
as the Borough Council may from time to time by resolution set and meet such
terms and conditions as may be reasonably imposed from time to time by the
Borough Council. Said terms and conditions shall be reflected by means of
a written contract entered into by and between the Borough and said Borough
collector, which shall be executed and delivered by and between the parties
prior to said designation and license taking effect. The Borough shall impose
uniform terms and conditions and licensing fees with respect to all such Borough
collectors.
D.
It shall be unlawful for any person to dispose of refuse,
except as otherwise provided in this article, by the lawful destruction of
any such refuse, or through the hauling of the same by means of Borough designated
collectors.
The Borough collectors shall be free to charge whatever amount is mutually
agreeable between them and their customers. It shall not be the function of
the Borough or the Borough Council to set or regulate fees of collectors,
but rather shall be a matter of free competition amongst Borough collectors.
A.
Any accumulation of refuse on any premises for more than
one week, or failure to cause any accumulation of refuse to be removed from
any premises within seven days after notice to the owner or occupant thereof,
is unlawful, prohibited and a violation of this article, and is hereby declared
to be a nuisance.
B.
Any such nuisance may be abated by the Borough of Coudersport
in the manner provided by law.
A.
All persons who desire to have their refuse destroyed,
disposed of or hauled as authorized by this article shall be required to see
that such means are employed so as to be in conformity with all existing federal,
state and local statutes, ordinances and regulations. In other words, it is
up to the person who wishes to have refuse hauled away to make sure that the
refuse that they are having hauled away meets applicable requirements (for
example, it would be unlawful for an individual to place a highly toxic or
hazardous waste in a container unmarked in such a manner as to have it be
taken to a facility which is not designed or equipped to receive that type
of substance).
B.
All persons who are Borough collectors or otherwise collecting
or hauling or destroying refuse within the Borough of Coudersport are required
to be in full conformity with all federal, state and local statutes, ordinances,
rules and regulation pertaining to the same.
A.
The Borough Manager of Coudersport Borough is hereby
authorized from time to time, with the prior approval of Borough Council,
to supplement, clarify and detail the provisions of this article with rules
and regulations not inconsistent herewith.
B.
Such rules and regulations shall include, but not be
limited to, provisions concerning additional definitions, dates, times and
places of pick-ups, containers and quantities, pre-collection and collection
procedures and enforcement.
C.
It shall be unlawful to place refuse at curbside for
pickup more than 24 hours before pickup.
The Borough Manager, or the designee of the Borough Council shall be
authorized to grant special hauling permits without a fee to the Borough of
Coudersport upon request of any duly authorized employee of the Borough of
Coudersport. In addition, the Borough Manager or the Borough Council's designee
may grant special hauling permits for any person valid for a twenty-four-hour
period, at a fee of $5 per load for a vehicle having a hauling capacity of
1 1/2 tons but less than 20 tons. Further, the Borough Manager, or the
designee of the Borough Council, shall have authority to grant a yearly hauling
permit to a person for the purpose of hauling the refuse only of such person.
Before issuing any such permit, any such person seeking a year long permit
(based on calendar year as opposed to fiscal year) said person shall first
make application for the same to the Borough Manager and shall pay such fee
as may be established from time to time by resolution of the Borough Council
and shall enter into a contract between the Borough on such terms and conditions
as are acceptable to the Borough Council. All such year long permits shall
be issued under uniform fees and uniform terms and conditions with respect
to any such contract.
After the passage of this article, it shall be unlawful to dump or deposit,
except for collection under the terms of this article, any garbage, ashes,
rubbish or refuse or any nature at any place within the confines of the Borough
of Coudersport.
It shall be the responsibility of any person seeking to have their refuse
hauled to see that all such refuse is placed in sealed plastic bags which
are tied and sealed closed prior to any such items of refuse being placed
in a dumpster, barrel, trash can or upon the ground. For purposes of the interpretation
of this section only, refuse shall be deemed to be limited to all such material
which is damp, wet, capable of souring, capable of rotting, capable of decaying,
capable of emitting undesirable odors or capable of creating an undesirable
or offensive condition. Thus, bulky items such as demolition materials would
not be required to be bagged. In the event of a question, it shall be the
responsibility of the person to in advance obtain an advisory ruling from
the Borough Manager or Borough Council's designee relative to the same.
In the event that any Borough Collector or other person who has a permit
from the Borough shall fail to conform to the terms and conditions of this
article, any rules and regulations communicated by the Borough Manager or
Borough Council, any term or condition of any contract entered into between
any such person, collector or the Borough of Coudersport, any advisory rulings
issued by the Borough Council or the Borough Manager or should any person
be in violation of any applicable federal, state or local statute, ordinance,
rule or regulation pertaining to said activity, the same shall be grounds
for the Borough to revoke any such license, designation or permit.
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 or to imprisonment for a term not to exceed 90 days or both.
Every day that a violation of this article continues shall constitute a separate
offense.
