[HISTORY: Adopted by the Council of the Borough of Punxsutawney 5-8-1978 by Ord. No. 841. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Punxsutawney Refuse Disposal Ordinance."
Where the words as follows are used in this chapter, they shall be defined as follows:
- The residue from the burning of wood, coal, coke and/or other combustible materials which are used in the ordinary course of heating and/or cooking for domestic, residential and/or retail commercial purposes.
- A person or persons, individual, organization, group, association, partnership, firm or corporation authorized under the provisions of this chapter to collect and dispose of trade waste, garbage, paper, ashes, trash or any form of refuse from residential or nonresidential properties under the terms and conditions of this chapter.
- The storage, collection, disposal or handling of refuse.
- Any animal and/or vegetable waste of any kind resulting from the handling, preparation, cooking and/or consumption of any foodstuffs for domestic, residential and/or retail commercial eating purposes.
- Includes any natural person or persons, individual, organization, group, association, partnership, firm or corporation.
- All solid wastes, except body wastes, and shall include but is not limited to garbage, ashes and rubbish.
- All waste materials from places of residence or places of nonresidence, which includes bottles, paper, rags, old clothes, broken glass, tin cans, small branches from shrubs, vines, cut grass and leaves, etc.
Word usage. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall permit any refuse to accumulate for a period of longer than seven days upon property in the Borough of Punxsutawney either owned or occupied by said person. Each such owner or occupant of property is hereby required to comply with the provisions of this chapter relative to making accumulated refuse available for collection as herein provided.
Each owner or occupant of property located within the corporate limits of the Borough of Punxsutawney, whether used for residential, commercial, industrial or public purposes or for any other use, is hereby required to engage the services of a licensed collector providing for the regular removal of refuse from that property. All fees and payments due shall be a matter of private agreement between the property owner or occupant and the licensed refuse collector. Residents must maintain documentation of waste services from a licensed collector for a period of one year
[Amended 10-11-1982 by Ord. No. 901; 1-12-2009 by Ord. No. 1088]
All refuse accumulated on any property in the Borough of Punxsutawney shall be collected, conveyed and disposed of by an authorized and licensed collector in accordance with the provisions of this chapter, with the following exceptions:
Accumulations of refuse resulting from the construction, reconstruction, alteration or demolition of any structure may be removed from the work site and the Borough by the person or persons engaged in the work project.
Accumulations of tree limbs, branches and trunks, cut brush, bushes, shrubbery and vines may be removed from their place of origin to a composting facility approved by the Pennsylvania Department of Environmental Resources by the owner or occupant of the property on which they originated or by the person engaged by the owner for the cutting, trimming or felling of said trees, brush, bushes, shrubbery or vines.
[Amended 1-12-2009 by Ord. No. 1088]
Community cleanup campaigns and fall leaf-collection operations conducted by the Borough of Punxsutawney or any wastepaper drive, glass collection, Christmas tree pickup or other such refuse collection or materials recycling program undertaken by the Borough of Punxsutawney or by any nonprofit organization shall be excepted from the requirements of this chapter.
If any person or occupant of property located within the corporate limits of the Borough of Punxsutawney shall permit refuse to accumulate on property for a period of longer than seven days, as provided by § 139-3A, the Borough Manager or his designated agents thereto may cause the refuse to be removed at the expense of such delinquent and may recover the cost thereof as provided by law.
Each householder, commercial or industrial establishment or any other person or persons having refuse shall place and keep all refuse therein, except that rubbish shall be placed in approved containers or cut and baled, tied, bundled or packaged so as not to exceed 36 inches in length and 50 pounds in weight so that it may be handled by one man.
Refuse containers for residents shall be of not more than 32 gallons in capacity. Containers for all other establishments shall not exceed 40 gallons in capacity.
Notwithstanding provisions of Subsection A above, householders, commercial or industrial establishments or any other person or persons may, by contract with collectors, be permitted to employ the use of dumpster-type refuse containers to store their refuse.
Refuse containers shall be made of durable, watertight, rat-proof, rust-resistant material having close- or tight-fitting lids and handles to facilitate collections.
It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by the property owner through thorough rinsing and draining as often as necessary.
Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector. They shall be placed on the side of the street from which collection is to be made and shall be placed out for collection no more than 36 hours prior to collection or pickup day. Tied plastic refuse bags may be used in lieu of refuse containers only on the day of collection.
Notwithstanding provisions of § 139-5A of this chapter, householders, commercial or industrial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
Refuse shall be collected at least once a week, except that hotels, restaurants, institutions and commercial or industrial establishments may be required to have more frequent collection if determined by the governing body to be essential to protect the public health.
From and after the passage of this chapter, no person or persons, partnership, firm or corporation shall collect, remove, haul or convey any refuse through or upon any of the ways, highways, streets or alleys of the Borough of Punxsutawney or dispose of the same in any manner or place without obtaining a license from the governing body of said Borough, except for those specific instances or cases as provided for under § 139-3C(1), (2) and (3) of this chapter.
The fee for such license shall be as set forth from time to time by resolution of the Borough Council, and all licenses shall be issued for the current calendar year or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year. The license shall not be transferable.
[Amended 8-31-1987 by Ord. No. 943]
In order to procure a license for the right to collect, remove, haul or convey any refuse within the corporate limits of the Borough of Punxsutawney, such person or persons, partnership, firm or corporation desiring to exercise such privilege shall first make application to the Borough Manager or his designated agent(s) thereto.
Editors Note: Former Subsection (D), dealing with identification of collection vehicles, which immediately followed this subsection, was deleted 10-11-1982 by Ord. No. 901.
Collectors shall carry public liability insurance in the amount of at least $100,000 and shall furnish the governing body of said Borough with a current certificate of such insurance.
Collectors shall furnish the governing body of said Borough documented proof that their refuse disposal site is an approved sanitary landfill by the Pennsylvania Department of Environmental Resources and shall certify the life of this sanitary landfill for a twelve-month period beyond the duration of the issued license.
No license shall be granted if the place and method of disposal shall not conform to the requirements of this chapter or to the ordinance of any municipal or quasi-municipal corporation wherein disposal of refuse is to be made.
No licensed collector shall make any change in the arrangements for disposal of refuse collection by him without first receiving the written approval of the Borough of Punxsutawney.
It shall be unlawful for any unlicensed collector to collect or remove any refuse from a household, institution or commercial or industrial enterprise located within the corporate limits of the Borough of Punxsutawney.
Editors Note: Former Subsection (J), dealing with inspection of collection vehicles, which immediately followed this subsection, was deleted 10-11-1982 by Ord. No. 901.
The chapter hereby adopted shall be enforced by the Borough Manager of the Borough of Punxsutawney or his designated agent(s) thereto. The Borough Manager's designated agent(s) may be the Borough Codes - Zoning Department or Police Department, who, upon his directive, may act separately or in a joint committee together in the enforcement of the provisions of this chapter.
Editors Note: Former Section 8, Collection vehicles, equipment and personnel, which immediately preceded this section, was deleted 10-11-1982 by Ord. No. 901.
[Amended 4-14-1980 by Ord. No. 867]
Any person violating any provision of this chapter, upon conviction before the District Justice, shall be guilty of a summary offense and shall be subject to pay a fine not less than $100, nor to exceed the maximum fine of $300, plus costs of prosecution, or to undergo imprisonment for a term not exceeding 90 days, or both. Each day that such violation continues shall constitute a separate offense.
[Amended 8-31-1987 by Ord. No. 943]
The Borough Manager or his designated agent(s) thereto shall have the right, at any time, to revoke any refuse collector's license without refund of any refuse collector's license fee and, in so doing, shall prohibit the collector from collecting, removing, hauling or conveying any refuse through or upon any of the ways, highways, streets or alleys of the Borough of Punxsutawney for any of the following causes and/or reasons:
False or misleading statements in the application for a license.
Lapse or cancellation of insurance coverage.
Collecting or transporting refuse in a careless or negligent manner resulting in dirt, odor or any unsanitary conditions.
Failure to deposit refuse at a Pennsylvania Department of Environmental Resources approved dumping or disposal site.
A violation of any part, section or subsection of this chapter.