[Adopted 11-18-1968 by Ord. No.
127 (Ch. 20, Part 1 of the 1985 Code; amended in
its entirety 1-3-2017 by Ord. No.
379]
This article shall be known as the "Borough of Tullytown Refuse
Collection Ordinance."
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Residue resulting from the burning of wood, coal, or other
combustible material. This definition excludes ashes resulting from
industrial processes.
A person, individual, partnership or corporation authorized
by the Borough of Tullytown to collect refuse within the Borough as
herein defined, including a municipal contractor.
Large items of refuse, including, but not limited to appliances
(except Freon-containing appliances), renovation construction debris,
demolition material, and furniture, which require collection in other
than conventional compactor refuse collection vehicles. Bulk waste
is considered solid waste. It does include large machinery, vehicles,
automated parts and equipment, such as automotive parts and equipment,
such as batteries, hoods, truck caps, or tires.
Cut decorative spruce/pine trees used for celebration of
the Christmas season and fully cleared of decorations prior to disposal.
A property used for a nonmanufacturing or nonprocessing business,
including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Container shall mean a receptacle constructed of metal or
plastic and used for the storage of solid waste and recyclables. The
container shall be waterproof with a tight-fitting cover.
The duly elected Council of the Borough of Tullytown.
The area within five feet of the edge of a public or private
street, lane, alleyway, or intersection of a shared driveway and adjacent
private property.
Disposal site shall mean a site, location, tract of land,
area, or premises used or intended to be used for solid waste or yard
waste disposal as designated and permitted by the PA DEP.
Definition. Dwellings means all single family detached dwellings,
duplex dwellings, twin dwellings, townhouse dwelling, and residential
condominiums dwellings.
Food waste shall mean animal and vegetable waste resulting
from the handling, preparation, cooking, and serving foods.
Solid waste that is especially harmful or potentially harmful
to public health, as defined in the Pennsylvania Solid Waste Management
Act (Act 97). This shall include, but not be limited to, explosives,
toxic materials, and mechanical wastes. For purpose of this bid, hazardous
waste does not include small quantities of such waste available on
a retail basis to the homeowner such as aerosol cans, pesticides,
fertilizers etc.
Any occupied residential structure other than a dwelling
as defined herein, including, without limitation, apartment buildings
and other multiunit structures with four or more units, from which
a private hauler collects solid waste.
[Added 6-6-2017 by Ord.
No. 382]
An authorized collector performing services to dwellings
pursuant to a contract with the Borough of Tullytown.
The Pennsylvania Department of Environmental Protection.
Cardboard, junk mail, newspapers, grayboard, office paper,
and magazines.
Those materials specified by the Borough of Tullytown.
All solid waste and shall include, but is not limited to
garbage, bulk, ashes, and rubbish. Refuse shall specifically include
disposal diapers, but exclude hazardous waste and body waste.
Rubbish shall mean solid waste exclusive of garbage, e.g.,
nonrecyclable glass, metal, paper, or plastic and noncompostable plant
material, wood, or non-putrescible solid waste.
Yard waste shall mean leaves, garden residues, shrubbery
and tree trimmings or similar vegetative matter.
A.
No person, firm, associations or corporation shall permit any garbage,
papers, ashes, refuse rubbish or trade waste to accumulate for a period
of longer than seven days upon property in the Borough of Tullytown
owned or occupied by said person, firm, association or corporation,
provided that owners and occupiers of dwellings are hereby required
to comply with the provisions of this article relative to making accumulated
refuse available for collection as scheduled under the terms hereof.
B.
All refuse accumulated on any dwelling in the Borough of Tullytown
shall be collected, conveyed and disposed of by a municipal contractor
under contract with the Borough.
C.
All trade waste and other refuse accumulated on any residential property
other than dwellings, or nonresidential or on commercial properties,
including, but not limited to, those defined herein shall be collected,
conveyed and disposed of upon the direction of the owner or occupier
thereof, the fee or payment therefor to be a matter of private agreement
between the owner or occupier and the authorized collector thereof.
D.
It shall be unlawful for any person to collect and dispose of any
refuse within the Borough of Tullytown except as provided in this
article.
E.
The Borough of Tullytown shall provide a bulk service pickup from
dwellings on a regular schedule through the Department of Public Works
or other arrangements by the Borough of Tullytown with the municipal
contractor for this purpose.
F.
Refuse for collection from dwellings shall not be commingled with
recyclable materials or yard waste.
A.
Containers and preparation. Owners and occupiers of residential and
commercial properties shall prepare refuse for collection in the following
fashion: Garbage or other putrescible waste shall be thoroughly drained
of all water, shall be placed in a proper container. Where any such
rubbish to too bulky to be placed in a proper receptacle, it must
be disassembled, broken or cut up as much as practicable and placed
on the curb on the prescribed collection day. All such rubbish shall
be securely tied where practicable and shall be of such size that
the longest dimension thereof shall not exceed three feet and the
volume thereof shall not exceed 50 pounds. Paper shall be secured
or properly tied into bundles and other packages in a manner designed
to prevent the scattering while the same is to be hauled by the authorized
collector. Bundles or packages shall be of a size and construction
so as to permit ease of handling by one man and in no event shall
exceed 50 pounds in weight. Baskets may be used to hold leaves, branches,
grass or other yard cuttings, but baskets are to be used only as containers
for the aforesaid materials. Such baskets shall be place at the curb
line to await collection.
B.
Collection from dwellings. Owners and occupiers of dwellings, shall
place refuse at the curbline of the nearest public street to the property,
and the same shall be collected and removed by the municipal collector
on the designated pickup days.
C.
Collection other than from dwellings. Collections shall be made by
an authorized collector from a suitable location(s) on all properties
other than dwellings, including, but not limited to, nonresidential
and commercial properties as herein defined, throughout the Borough.
A.
Collection days; schedule and time. The municipal contractor shall
collect refuse, as defined herein, throughout the Borough, so that
each street or dwelling shall have collections on day(s) of each week
as designated by Borough Council resolution.
C.
Hours. Collections by the municipal contractor shall be made commencing
and ending at times determined by Borough Council resolution, except
in cases of unusual delay weather conditions, emergency or breakdown.
D.
Routes. All routes, schedules and traffic of trucks upon streets
and highways shall be subject to the approval of the Borough Council.
Trucks shall follow the same route which shall not be changed except
upon approval of the Borough Council.
E.
Special collection. The municipal contractor shall provide a separate
and special collection on a day or days, as may be required, in order
to collect abandoned Christmas trees from dwellings.
A.
It shall be unlawful to keep or allow in or about any dwelling or
upon any land or other property within the Borough of Tullytown any
garbage or refuse of any kind which is obnoxious or offensive by reason
of dust or odor, or which attracts insects and vermin, except in covered
containers. The cover shall be tight and fly-proof; and it shall be
unlawful to retain accumulation of said garbage or refuse so as to
constitute a menace to the health and safety, it being a presumption
that such a menace exists when more than seven days has elapsed after
such garbage or refuse is originally retained, accumulated or permitted
to accumulate; and nothing herein contained shall be construed to
permit the retention of any refuse which is or become obnoxious or
offensive by reason of dust or odor, or which attracts insects or
vermin.
B.
No hazardous waste as defined herein shall be placed for collection.
The Borough Council, from year to year or from contract period
to contract period as the case may be, shall by resolution, fix the
specifications for the collection and removal of ashes, bulk, rubbish,
garbage and yard waste, for dwellings which shall apply to each prospective
bidder for the contract, which specifications shall be in addition
to the conditions set forth in this article.
The Borough Council, by resolution, may request bids for the
aforesaid services to dwellings for a period to be determined in its
sole discretion. All notices, awards and conditions of award shall
comply with applicable state laws. The contract period shall commence
the first day of a calendar year and expire the last day of a calendar
year, except for the initiation of a contract term in 2017. All other
provisions of this chapter not altered or modified shall remain in
full force and effect.
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 $600, together with court costs and attorneys'
fees. Every day that a violation of this article continues shall constitute
a separate offense.
