Borough of Jenkintown, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Jenkintown 4-28-1980 by Ord. No. 80-11; amended in its entirety 12-17-1990 by Ord. No. 90-7. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 74.
Food-handling establishments — See Ch. 98.
Housing standards — See Ch. 107.
Littering — See Ch. 112.
Nuisances — See Ch. 122.
Waste receptacles — See Ch. 153.

§ 152-1 Designated collector.

The Borough of Jenkintown, through its agent (contract holder), is hereby designated as the sole and only authorized collector of municipal solid waste from buildings within the Borough. By this designation, the owners of such buildings are responsible for the timely payment of charges described in § 152-8 of this chapter as they are billed.

§ 152-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTABLE WASTE
Municipal waste which is collected from the general public or is otherwise consistent with Section 7701(e)(3)(B) of the Internal Revenue Code of 1986, as amended, which is not unacceptable waste.
ALUMINUM CANS
All empty beverage containers made from aluminum.
CONSTRUCTION/DEMOLITION WASTE
Municipal waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plastic, plaster, metals, asphaltic substances, bricks, concrete/cinder blocks, concrete, ceramic tile, fiberglass substances, PVC and rubber. The term also includes dredging waste.
GLASS
All products made from silica or sand, soda ash and limestone, which may be transparent, translucent or colored, and used as a container for packaging or bottling of various matter.
INSTITUTION
A church, library or fire station.
MUNICIPAL WASTE
Any acceptable and processible waste, including solid, liquid, semisolid or contained gaseous materials resulting from the operation of residential dwellings, commercial buildings, institutions, municipal establishments and community activities, and any sludge not meeting the definition of residual waste or hazardous waste from a municipal wastewater treatment plant.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
NONPROCESSIBLE WASTE
That portion of acceptable waste which consists of white goods, automobile tires, noncombustible items and stumps, logs, brush and other similar waste which either weighs in excess of 25 pounds or exceeds one of the following dimension: four feet in length, four inches in diameter or four inches in thickness, or otherwise acceptable waste in containers exceeding the number, dimension or weight provided in §§ 152-4 and 152-5.
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal or state institution or agency, municipality, other governmental agency or any other legal entity or any group of such persons whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, penalty, imprisonment or denial or grant of any license, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible waste.
RECYCLABLE MATERIALS
Materials generated by consumers which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. "Recyclable materials" shall be limited to those described in § 152-10.
RECYCLING/RECYCLED
The collection, recovery and sale or reuse of materials including but not limited to newspapers, clear, amber, and green glass bottles, PET and HDPE cans, plastic, corrugated paper, office paper, pressed paperboard and cardboard, and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the production of energy.
[Amended 3-26-2012 by Ord. No. 2012-3]
A. 
Explosives, pathological and biological waste, residual waste and hazardous waste, radioactive materials, sludges, cesspool or other human waste, human and animal remains, motor vehicles, tires, liquid wastes, contained gaseous materials which may pose a hazard to the community, hazardous substances as defined in the Federal Comprehensive Environmental Response, Compensation and Liability Act, as it may be amended from time to time hereafter, and any analogous federal, state or local law, ordinance, rule or regulation as may be applicable at the time of collection of such waste which is not permitted by law to be treated and disposed of in this Borough or where municipal waste collected in the Borough may be disposed;
B. 
Any item of waste either smoldering or on fire;
C. 
Construction and demolition debris, ashes, incinerator residue and foundry sand;
D. 
Wastes in quantities and concentrations which require special handling in their collection and/or processing, including medical or other "red bag" waste; and
E. 
All other items of waste which, at the time of collection, would be likely to pose a threat to health or safety or have been prohibited by any valid and enforceable judicial decision, order or governmental action.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.

§ 152-3 Collections.

A. 
Collections for municipal waste shall be made once every week on a day and at a time set by resolution of the Borough Council. When collection day falls on January 1 (known as New Years Day), the last Monday in May (known as Memorial Day), July 4 (known as Independence Day), the first Monday of September (known as Labor Day), the fourth Thursday of November (known as Thanksgiving Day), and December 25 (known as Christmas Day), collection for these days shall be made on the next regularly scheduled collection day.
[Amended 3-26-2012 by Ord. No. 2012-3]
B. 
Except as provided in Subsections C and D of this section, all municipal waste must be placed at the curb no later than 7:00 a.m. of the scheduled pickup days and empty containers removed from the curb after collection by 7:30 p.m. Municipal waste may be placed at the curb no earlier than 5:00 p.m. the night before collection.
C. 
Collections for all municipal waste for commercial or multifamily residential buildings may be made as often as required as approved on written application to the Borough Zoning Officer, but shall only be made between the hours of 7:00 a.m. and 7:00 p.m.
D. 
The owner of any building in the Borough for which, because of its location, curbside collection of municipal waste is not practicable or poses a risk to the health, safety or welfare of the public or the owner or for which the routine disposal of municipal waste exceeds the weight and quantity limitations specified in § 152-5 shall be permitted to use dumpsters or other containers larger than those defined in § 152-4A of this chapter and/or to have collection of municipal waste made at sites on or adjacent to their premises rather than at curbside and in quantities approved on written application to the Borough Zoning Officer. Charges for municipal waste collection for owners of buildings qualified for special collection procedures pursuant to § 152-3C and D shall be fixed as provided in § 152-8.

§ 152-4 Containers.

A. 
Municipal waste must be placed in tightly sealed metal or plastic containers with lids (thirty-gallon size maximum) or in tightly sealed plastic bags. Cardboard boxes and paper bags are not to be used as containers, except paper bags used for the disposal of recyclable newspaper.
B. 
Municipal waste materials such as papers (except recyclable newspapers), magazines, rags, leaves, grass and hedge and tree trimmings must be bundled and tied securely if not adapted for placement in containers as described above.
C. 
Recyclable materials will be placed in any container, so long as that container is clearly marked as containing recyclable materials, the parameters of which may be specified by resolution of the Borough Council.
[Added 3-26-2012 by Ord. No. 2012-3]

§ 152-5 Weight limitations.

In Zones A, B, B-1 and C and single commercial or residential units in Zones C-1 and D, no single container may exceed 60 pounds in total weight, and the total amount of waste collected from any single unit on any one collection day shall not exceed six containers or 100 pounds in total weight.

§ 152-6 Special pickups.

Heavy metal appliances and furniture, such as washing machines, dryers, water heaters, refrigerators, stoves, sofas, box springs, mattresses; items exceeding the size and weight limitations defined in the definition of "nonprocessible waste" in § 152-2 and all other white goods shall be picked up by appointment between the Borough and the individual owner at a time that is mutually agreeable to both and upon payment of a fee specified in a resolution of Borough Council as provided in § 152-8 of this chapter. Such heavy metal appliances, furniture and white goods shall be collected at least once a month.

§ 152-7 General regulations.

A. 
To avoid littering, containers must not be overfilled allowing the same to spill while handling.
B. 
Except as approved on written application to the Borough Zoning Officer as provided in § 152-3C and D of this chapter, contractor employees are forbidden to enter buildings to remove solid waste and shall not receive tips.
C. 
Materials must be placed for collection regularly and not allowed to accumulate.
D. 
All materials resulting from building repair, alteration, excavation, demolition and/or construction shall not be collected by the Borough.

§ 152-8 Charges.

A. 
All owners of buildings in the Borough shall pay, in advance, an annual, quarterly or monthly charge for each unit for municipal waste collection by the Borough in accordance with a schedule which shall be fixed from time to time by a resolution of the Borough Council. Such resolution shall also prescribe the mechanics for billing and the collection of charges.
B. 
Fees established pursuant to this section may exceed the actual contracted cost to the Borough for the collection of any owner's municipal waste to provide for administrative expenses and operating reserves, provided that the proportion of such fees which exceed the actual contracted costs to the Borough shall be substantially equal for owners of residential, multiresidential or commercial properties.
C. 
No fee established pursuant to this section for the collection and disposal of an owner's municipal waste shall exceed by more than 15% the actual contracted cost to the Borough for collection and disposal of such municipal waste.

§ 152-9 Violations and penalties.

A. 
Any person, firm or corporation violating any of the provisions of this chapter shall be liable to a penalty of not more than $1,000 or to 30 days' imprisonment, or both.
B. 
In addition to the above penalties, the Borough may cause the discontinuance of solid waste collection services.

§ 152-10 Recyclable municipal waste.

A. 
The Borough of Jenkintown has established a mandatory program to separate, collect and dispose of certain recyclable solid waste, and the Council of the Borough of Jenkintown has determined that it is appropriate and in its interest for the health, safety and welfare of the residents of the Borough of Jenkintown to regulate the collection and disposal of recyclable solid waste
[Amended 3-26-2012 by Ord. No. 2012-3]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RECYCLABLE COLLECTOR
A contractor under contract with the Borough of Jenkintown to provide collection of recyclables for remanufacture or reuse, subject to the terms and conditions of said contract with the Borough of Jenkintown.[1]
RECYCLABLES
Solid waste consisting of, but not limited to, newspapers, clear, amber, and green glass bottles, PET and HDPE plastic containers, aluminum and bimetal/steel cans, plastic, corrugated paper, office paper, pressed paperboard, cardboard and such other materials as hereafter designated by and approved by the Borough Council.
[Amended 3-26-2012 by Ord. No. 2012-3]
RESIDENT
Any person residing in or owning, leasing, occupying or operating any business, commercial enterprise or service institution within the Borough of Jenkintown.
SINGLE STREAM
A system in which recyclable materials are not separated into their respective commodities, i.e., paper, plastics, metals, etc., by the resident, but rather by the collector as part of the collection process.
[Added 3-26-2012 by Ord. No. 2012-3]
[1]
Editor's Note: The definition of "newspapers," which immediately preceded this definition, was repealed 3-26-2012 by Ord. No. 2012-3.
C. 
Collection and disposal of recyclable solid waste.
(1) 
Recyclables shall not be separated into individual commodities by residents. Collection of recyclables shall be done on a single-stream basis.
[Amended 3-26-2012 by Ord. No. 2012-3]
(2) 
Recyclables for collection shall be placed in any container, so long as the container is clearly labeled as containing recyclable material, and placed at the curbside on the day set by resolution of the Borough Council.
[Amended 3-26-2012 by Ord. No. 2012-3]
(3) 
The Borough Council shall designate the day of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall be collected on the same day as municipal waste. Recyclables shall not be collected or removed from any area except on the day of the week designated by resolution of the Borough Council.
[Amended 3-26-2012 by Ord. No. 2012-3]
(4) 
Ownership of recyclables set out for collection shall thereupon vest in the Borough. It shall be unlawful for any person, other than those persons under contract with or employed by the Borough, to collect, remove or dispose of recyclables which are the property of the Borough or other solid waste which retains any commercial value for reuse, resale or salvage.

§ 152-11 Special exemptions.

Owners of buildings in the Borough who were not subject to the collection and fee provisions of this chapter prior to the effective date of this chapter are exempt from the collection and fee provisions of this chapter only upon the following conditions:
A. 
Owners seeking exemption shall be party to an existing bona fide contract for the collection and disposal of municipal waste with a contractor other than the Borough or the Borough's contractor, which contract has a termination date subsequent to the effective date of this chapter and which contract may not be terminated at an earlier date without financial detriment to the owner arising solely from such early termination and which contract is with a contractor who, on the effective date of the chapter, is fully authorized and licensed by all applicable government agencies to collect and dispose of municipal waste in the Borough.
B. 
Exemption under this section shall be approved by the Borough's Zoning Officer only upon written application, to which shall be attached a true and correct copy of the owner's contract; and such exemption shall continue only until the earliest termination date provided in the owner's contract which will not result in financial detriment to the owner arising solely from such early termination.
C. 
Owners seeking exemption under this section are prohibited from entering into new or extended contracts for the collection and disposal of municipal waste with any contractor other than the Borough or the Borough's contractor subsequent to the earliest termination date of the owner's existing bona fide contract as defined in Subsections A and B.
D. 
The Jenkintown School District shall be exempt from all provisions of this chapter, provided that the district's contract for the collection and disposal of municipal waste in effect or hereafter entered into shall at all times be with a contractor fully authorized and licensed by all applicable government agencies to collect and dispose of municipal waste in the Borough. The District, by 90 days' written notice to the Borough, may waive exemption from the provisions of this chapter for any period of at least one year's duration, commencing on the first day of July in the year of such written notice.
E. 
Owners of property in Zone S shall be exempt from the provisions of this chapter, provided that said owner's contract for the collection and disposal of municipal waste in effect or hereinafter entered into shall at all times be with a contractor fully authorized and licensed by all applicable government agencies to collect and dispose of municipal waste in the Borough. Owners of property in Zone S, by 180 days' written notice to the Borough, may waive exemption from the provisions of this chapter for any period of at least one year's duration, commencing on the first day of January in the year subsequent to the receipt of such notice.
F. 
Owners of commercial property with operable fixed systems for the disposal and collection of municipal waste utilizing roll-off or similar containers and integral compaction or similar mechanical devices are exempt from the provisions of this chapter, provided that such owner's contract for the collection and disposal of municipal waste in effect or hereinafter entered into shall at all times be with a contractor fully authorized and licensed by all applicable government agencies to collect and dispose of municipal waste in the Borough.