[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl 7-8-1985
by Ord. No. 430, approved 7-8-1985; amended
in its entirety 10-2-1990 by Ord. No. 481,
approved 10-2-1990. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Solid waste, municipal waste, garbage and refuse — See Ch. 60.
The reduction of the amount of refuse, including but not limited to
solid waste, and the conservation of recyclable materials is an important
public concern because of the growing problem of refuse and solid waste disposal
and its impact on the environment. The collection of used newspapers, used
cans, glass, plastic bottles and plastic containers for recycling from residents
in the Borough of Pen Argyl will serve the general public interest and will
result in a financial advantage to the residents and taxpayers of the Borough
by reason of the reduction in volume of the refuse and solid waste that must
be disposed of. It is vital that the regulation of this collection be established
to ensure that private interests are not promoted to the disadvantage of the
residents and taxpayers of the Borough, as well as to encourage the fullest
possible citizen participation in the program.
As used in this chapter, the following terms shall have the meanings
indicated, except where the context clearly indicates otherwise:
The Borough of Pen Argyl, Northampton County, Pennsylvania.
Containers made of a metal meeting the current definitions and standards
or aluminum, tin or bimetal which can be recycled and reused.
Any unbroken container, composed or formed of what is commonly referred
to as "glass" and which consists of the colors of clear, green and brown.
Paper of the type commonly referred to as "newsprint" and used for
the printing of newspapers of general circulation.
Any property used for industrial or commercial purposes or any purpose
other than as a dwelling.
Any natural person, association, partnership, firm or corporation,
including a lessee as well as an owner of a residence, and including a person,
firm or corporation which owns a residence.
Bottles and containers made of polyethylene terephthalate, commonly
known as "plastic soda bottles," and high-density polyethylene, commonly known
as "water jugs," "milk jugs," "shampoo bottles," "detergent bottles," etc.
Ashes or discarded or unusable personal property of any nature, including
without limitation, metal, paper, plant growth, wood, nonputrescible solid
waste, liquid waste other than sanitary sewage, rubbish and automobiles.
Any property used as a dwelling.
There is hereby established a program for the separate collection of
used newspaper, cans, glass, plastic bottles and plastic containers from the
residential property and nonresidential property in the Borough for the purpose
of recycling. The collection shall be made on a day or days other than Sunday
and shall be made at times as may be fixed by the Council of the Borough by
resolution from time to time.
Persons at residential properties or nonresidential properties of the
Borough may separate newspapers, cans, glass, plastic bottles and plastic
containers from all other refuse produced at their respective residential
properties or nonresidential properties. If newspapers, cans, glass, plastic
bottles and plastic containers are separated as aforementioned, newspapers
shall be compacted and shall be tied or otherwise secured by such residents
in bundles which shall not exceed 50 pounds in weight. The cans, glass, plastic
bottles and plastic containers may be commingled in approved containers in
accordance with the ordinances of the Borough of Pen Argyl as contained in
the Code of the Borough of Pen Argyl. The newspapers, cans, glass, plastic
bottles and plastic containers shall be placed for collection in accordance
with the ordinances of the Borough of Pen Argyl as contained in the Code of
the Borough of Pen Argyl.
All newspapers, cans, glass, plastic bottles and plastic containers placed as aforesaid for collection shall be the property of the Borough of Pen Argyl from the time of such placement, except as otherwise provided by § 61-7.
It shall be a violation of this chapter for any person, other than the Borough or a person selected by the Borough, to collect newspapers, cans, glass, plastic bottles and plastic containers, placed as aforesaid, unless such person has prior written permission to make such collection as hereinafter set forth in § 61-7 of this chapter. Each collection in violation of this chapter shall constitute a separate and distinct offense.
Any person may donate or sell newspapers, cans, glass, plastic bottles
and plastic containers to any person, provided that the receiving person shall
not collect such donated newspaper, cans, glass, plastic bottles and plastic
containers from the curb or street side or other collection site unless such
person making the collection has received prior written permission from the
Borough to make such collection and then only on days approved by the Borough
by resolution adopted from time to time.
Any person violating any of the provisions of this chapter shall, upon
conviction in a summary proceeding before a district magistrate, be sentenced
to pay a fine of not more than $300 and costs of prosecution and, in default
of payment of such fine and costs, to imprisonment in the county jail of not
more than 30 days.
