Article II: Collection of Garbage, Rubbish and Refuse

§ 466-2 Collection requirements.

Garbage and acceptable recyclables shall be contained in separate receptacles to be collected and removed from the Borough by the municipality on such days as may be determined by the Borough Council from time to time.

An adequate number of receptacles as described below shall be provided by the property owner at each premises from which collections are to be made so that garbage and acceptable recyclables may be contained in one place between established collection days. Effective May 1, 2023, the receptacles shall be ANSI Z245.60 — 2008 Type B plastic receptacles with suitable handles, wheels, metal bar and tight-fitting covers. The receptacles shall be up to 96 gallons' capacity, except as specifically set forth in Subsection G hereof. The receptacles shall be kept covered at all times to prevent attracting insects, rodents, etc., and shall be kept clean, whether inside or outside an enclosure. No rainwater or other fluids shall be allowed to accumulate or remain therein.

Receptacles shall be placed at a location on the property convenient for collection. The receptacles may be placed in a fenced in or otherwise enclosed area on the property, including a fenced in or otherwise enclosed area on the property that contains a pool, dog(s) or other pets, or to which dog(s) or other pets have access. However, the property owner shall ensure that their receptacles are placed outside said fenced or enclosed area that contains a pool, dog(s) or other pets at the time of collection or the same will not be collected.

When necessary to protect the public safety or the general welfare of the public, an enclosure shall be provided when so designated by the Borough Public Works Director. A copy of such notice shall be sent to the property owner and Zoning Official. A zoning permit shall be required prior to the construction or placement of any such enclosure, and its dimensions and location on the premises shall be subject to the approval of the Zoning Inspector. Every application for a permit, and granting of a permit, shall be predicated upon a sketch or plan.

Loose garbage and acceptable recyclables shall not be permitted on the premises or in any enclosure but shall be contained within a receptacle. Property owners are responsible for cleaning of their receptacles and enclosures.

Use of plastic bags for garbage is prohibited unless placed in a covered receptacle (See § 466-3C). Anyone violating this subsection shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code, with a minimum fine of $30.

Where accessibility is available from a public street and where more than 300 gallons' capacity of receptacles are necessary, one or more dumpsters, of a maximum capacity of three cubic yards, approved by the Borough shall be provided by the owner or occupant.

In case of special collections as hereinafter defined and regulated, such collections, storage and disposition shall be in accordance with the applicable provisions.

§ 466-3 Special collections.

Special collections shall include collections at all commercial establishments and at places where the volume of garbage or acceptable recyclables, or both, is such that in the judgment of the Borough Public Works Director and in the interest of public health and safety the frequency of collection should exceed the established frequency for general collections.

The Borough Director of Public Works is empowered to determine the location from which special collections will be made.

Cardboard cartons will be collected as a part of special collections and shall be placed where other receptacles are placed for collection. Lightweight acceptable recyclables may be placed therein, provided it is contained in a plastic bag and the carton is closed. All other cartons must be flattened (knocked down) and stacked neatly.

§ 466-4 Frequency of collection.

The frequency of garbage and acceptable recyclables collection for both residential and commercial purposes shall be as establish by resolution of the Borough Council as duly enacted from time to time.

The number of receptacles from which collection will be made at any one collection point for these services will be no more than 300 gallons' capacity of containers or three three-cubic-yard maximum capacity dumpsters.

If special collections service is required on a schedule other than the established frequency (see Subsection A), such service shall be no more frequent than once daily and will be available upon registering in person with the Borough Clerk.

§ 466-5 Collections by authorized and unauthorized persons.

In addition to the collections by the Borough, an owner or occupier of property in the Borough may arrange to have an independent contractor pick up their acceptable recyclables, trash and garbage, or said owner or occupier may pick up their own acceptable recyclables, trash and garbage for disposal. However, if no such independent contractor has been designated by the owner or occupier, from the time of the placement of the acceptable recyclables, trash or garbage outdoors for pickup, such acceptable recyclables, trash or garbage shall be and become the property of the Borough of Stone Harbor or its authorized agent or agents. It shall be a violation of this chapter for any person unauthorized by the Borough of Stone Harbor or by the owner of the acceptable recyclables, trash or garbage to collect or pick up or cause to be collected or picked up any items of such refuse, trash or garbage. Each and every such collection in violation hereof, from one or more residences, businesses or institutions, shall constitute a separate and distinct offense punishable as hereinafter provided.

Any vehicle engaged in collecting or disposing of acceptable recyclables, trash or garbage shall carry such material in a receptacle that is waterproof, leakproof and covered with a plastic lid or cover in the body of said vehicle, which is waterproof and leakproof, capable of being entirely closed, and shall be kept closed except between points of collection less than 500 feet apart.

Any authorized person transporting acceptable recyclables, trash or garbage, as herein defined, shall transport same in a receptacle which is waterproof, leakproof and covered with a closed lid or cover.

The above notwithstanding, there shall be no prohibition against any person collecting, removing, or picking up bulk items that have been placed in the public right-of-way for collection; however, no one shall remove any items placed on private property.

Any person, persons or association of persons convicted of a violation of this section shall, upon conviction hereof, be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code.

§ 466-6 Collection requirements.

[Amended 3-7-2006 by Ord. No. 1251; 6-3-2008 by Ord. No. 1315; 6-21-2022 by Ord. No. 1608]

§ 466-7 Special collections.

Special collections shall include collections at all commercial establishments and at places where the volume of garbage or refuse, or both, is such that in the judgment of the Borough Superintendent and in the interest of public health and safety the frequency of collection should exceed the established frequency for general collections.

The Borough Superintendent is empowered to determine the location from which special collections will be made.

Cardboard cartons will be collected as a part of special collections and shall be placed where other receptacles are placed for collection. Lightweight refuse may be placed therein, provided it is contained in a plastic bag and the carton is closed. All other cartons must be flattened (knocked down) and stacked neatly.

§ 466-8 Frequency of collection.

The frequency of trash collection for both residential and commercial purposes shall be as establish by resolution of the Borough Council as duly enacted from time to time.

The number of receptacles from which collection will be made at any one collection point for these services will be no more than 10 twenty-gallon containers or an appropriate number of two-cubic-yard maximum capacity dumpsters.

§ 466-9 Collections by authorized and unauthorized persons.

In addition to the collections by the Borough, an owner or occupier of property in the Borough may arrange to have an independent contractor pick up his refuse, trash and garbage, or said owner or occupier may pick up his own refuse, trash and garbage for disposal. However, if no such independent contractor has been designated by the owner or occupier, from the time of the placement of the refuse, trash or garbage outdoors for pickup, such refuse, trash or garbage shall be and become the property of the Borough of Stone Harbor or its authorized agent or agents. It shall be a violation of this chapter for any person unauthorized by the Borough of Stone Harbor or by the owner of the refuse, trash or garbage to collect or pick up or cause to be collected or picked up any items of such refuse, trash or garbage. Each and every such collection in violation hereof, from one or more residences, businesses or institutions, shall constitute a separate and distinct offense punishable as hereinafter provided.

Any vehicle engaged in collecting or disposing of garbage, trash or refuse, shall carry such garbage, trash or refuse in a metal container in the body of said vehicle, which is waterproof and leakproof, capable of being entirely closed, and shall be kept closed except between points of collection less than 500 feet apart.

Any authorized person transporting garbage, as herein defined, shall transport same in a receptacle which is waterproof, leakproof and covered with a closed lid or cover.

The above notwithstanding, there shall be no prohibition against any person collecting, removing, or picking up bulk items that have been placed in the public right of way for collection; however, no one shall remove any items placed on private property.

[Added 9-3-2019 by Ord. No. 1555[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).