[Adopted 12-7-1995 by Ord. No. 1245 as
§§ 1060.01 through 1060.06, § 1060.10 and
§§ 1060.13 through 1060.99 of the 1995 Code]
[Amended 8-1-1996 by Ord. No. 1248]
A.
All ashes, garbage and rubbish accumulated in the
Borough shall be collected, conveyed and disposed of by the Borough,
or by a licensed collector hired by the Borough after legal advertisement
as required by law, except under those circumstances described in
this article. No person shall collect, convey over any of the streets
or lanes of the Borough or dispose of any refuse accumulated in the
Borough. However, nothing in this article shall prohibit the actual
producers of refuse, or the owners of premises upon which refuse has
accumulated, from personally collecting, conveying and disposing of
such refuse, if such producers comply with all regulations for collection,
conveyance and disposal prescribed in this article.
B.
The Borough shall not provide garbage collection services
for any commercial establishments, institutions, construction sites,
home renovations or residential establishments generating more than
five thirty-three-gallon containers per week. Such properties shall
be required to dispose of their rubbish using an independent collector
that has been licensed by the Borough. For the purposes of this article,
such properties shall not be considered to be participants in the
Borough's refuse system.
C.
In the event that, upon implementation of this article,
an establishment discontinues its participation in the Borough's refuse
system, such establishments shall receive a partial refund.
[Amended 8-1-1996 by Ord. No. 1248]
A.
No person shall operate as a collector within the
Borough without having first obtained a license for the current calendar
year from the Office of Code Enforcement. Application for said license
shall be made upon a form supplied by the Borough. Said form shall
include information regarding the ultimate destination and disposition
of the garbage and refuse collected in the Borough. Licenses shall
be issued once the collector has complied with all of the provisions
of this article and has paid the prescribed license fee.
B.
At the time a collector makes application for a license,
the collector shall be required to produce the following:
(1)
A valid motor vehicle registration for each truck
operated by the collector;
(2)
A public liability insurance policy, for the year
for which application for a license is made, in amounts not less than
$300,000 for property damage and $300,000 for injury to persons. Said
policy shall be with a company licensed to do business within the
commonwealth.
(3)
A standard workers' compensation policy with a company
licensed to do business within the commonwealth.
[Amended 8-1-1996 by Ord. No. 1248]
A.
No person who is not duly licensed or deemed to be
licensed by the County of Delaware may collect or transport municipal
waste located or generated within the Borough of Yeadon.
B.
In carrying on activities relating to solid waste
collection or transportation within the Borough of Yeadon, all municipal
waste collectors and all municipal waste transporters shall comply
with county ordinances, this article and any other municipal waste
flow ordinances, and all rules and regulations pertaining to the collection,
transportation and disposal of solid waste as may be hereafter promulgated
by the Borough of Yeadon or the County of Delaware. Delivery by such
collectors or transporters to the county system of unacceptable waste,
nonprocessable waste (except for white goods) and waste from unapproved
sources is prohibited.
C.
Licenses hereunder shall be issued and revoked by
the Borough of Yeadon or at the request of the County of Delaware.
Any collectors or transporters who fail to comply with the provisions
of this article shall be subject to any applicable sanctions in addition
to the revocation of their licenses.
D.
All licensees shall be required to dispose of refuse
collected within the Borough of Yeadon at a county-owned or county-approved
solid waste disposal facility.
[Amended 8-1-1996 by Ord. No. 1248]
The following requirements shall be applicable
to all collectors:
A.
Collectors shall not operate in the Borough of Yeadon
before 7:00 a.m. or after 7:00 p.m. local time. Should a collector
wish to operate outside of these hours, said collector must obtain
a waiver for operation from the Office of Code Enforcement.
B.
The Borough of Yeadon shall issue a license for each
licensed collector, who shall be provided with sufficient license
stickers to be permanently affixed to the front and rear bumpers of
each vehicle operated by the collector for services performed within
the Borough.
C.
All vehicles licensed hereunder must be kept clean
and as free from odors as possible. Collections shall be made in such
a manner so as not to create unnecessary noise or pollution of the
air or a nuisance adversely affecting public health. Garbage and/or
refuse collected must not be spilled, dumped or thrown onto any street,
into any sewer inlet or onto any vacant lot.
D.
Licensed vehicles shall be subject to inspection by
the Yeadon Department of Code Enforcement and shall be presented for
inspection at the times and places designated by such office.
[Amended 8-1-1996 by Ord. No. 1248]
All vehicles used for collecting garbage and/or
refuse shall be:
A.
Provided with a means of loading only at the top,
side or rear end, depending upon the design of the enclosed body.
B.
So constructed that once garbage and/or refuse has
been loaded, it cannot be reworked, sorted, handled or removed from
the body other than by dumping the load.
C.
So equipped that all loading or unloading openings
on the body have adequate tightly fitted doors or covers with latches
or clamps to keep them closed and rubber or other suitable gaskets
to render them leakproof, spillproof and dustproof.
D.
Equipped with at least one broom or rake and at least
one shovel to clean up material that may be spilled or otherwise scattered
in the process of collection.
[Amended 8-1-1996 by Ord. No. 1248]
A.
No person shall disturb, remove, upset or in any way
interfere with any garbage, ashes, refuse matter, rubbish or recyclable
material left by owners and occupiers of properties in the Borough
for collection by the Borough or by persons under contract with the
Borough.
B.
Subsection A hereof shall not apply to any person under contract with the Borough for the proper collection of garbage, ashes, refuse matter, rubbish or recyclable material or to any agent, servant or employee of any such person.[1]
[1]
Editor's Note: The following sections, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV): Section 1060.07, Containers used by participants in the refuse collection system, Section 1060.08, Containers used by nonparticipants in the refuse collection system, and Section 1060.09, Overflowing containers prohibited.
[Amended 3-21-2002 by Ord. No. 1288]
Garbage and rubbish in containers as specified
in this article shall be placed along the public street, back driveway
or designated collection area, inside the curbline, not before 6:00
p.m. on the day preceding the scheduled collection.[1]
[Amended 8-1-1996 by Ord. No. 1248]
A.
The Department of Code Enforcement is hereby authorized
to oversee the enforcement of all health-related matters in the Borough
of Yeadon.
B.
The collection, transportation and disposal of municipal
waste present or generated within the Borough of Yeadon shall be subject
to such further reasonable rules and regulations as may from time
to time be promulgated by the County of Delaware.
C.
Rules and regulations adopted by the county shall
be deemed rules and regulations adopted by the Borough. The Borough
of Yeadon shall abide by such rules and regulations and will not adopt
any rules and regulations to the contrary.
D.
No rules and regulations adopted by the Borough of
Yeadon pursuant to this article shall be in violation of, inconsistent
with or less stringent than the provisions of this article, the county's
Solid Waste Management Plan or such other laws, regulations or requirements
as may be enacted by the United States of America, the Commonwealth
of Pennsylvania, the Pennsylvania Department of Environmental Protection
or the Pennsylvania Environmental Quality Board governing municipal
waste planning, collection, storage, transportation, processing or
disposal.
E.
Enforcement of waste flow control and the terms of,
and any duties established pursuant to, the County Solid Waste Management
Plan, other municipal waste flow ordinances and this article shall
be the responsibility of the County of Delaware or the Delaware County
Solid Waste Authority.
F.
Borough refuse collections shall not take place on
those days designated as weekends or holidays on the official Borough
calendar or in the Borough's contract with its duly designated collector.
[Amended 8-1-1996 by Ord. No. 1248; 12-29-1998 by Ord. No.
1270]
A.
DWELLING UNIT
GARBAGE AND RUBBISH
LICENSED COLLECTOR
RESIDENCE BUILDING
Definitions. As used in this section, unless the context
clearly indicates otherwise, the following terms shall have the meanings
indicated:
A permanent structure or portion thereof utilized as a residence
by persons in the Borough.
Any and all refuse which would be collected pursuant to this
article.
Any operator properly licensed to collect garbage and rubbish
within the Borough.
A permanent structure or portion thereof in the Borough containing
one or more dwelling units.
B.
Residence buildings.
(1)
Beginning with the calendar year 1984, and for each
year thereafter, there is hereby imposed upon the owner of record
of a residence building to whom such service is available and/or provided
as of January 1, 1984, whether or not such owner chooses to utilize
such service, an annual charge for the collection of garbage and rubbish
in the Borough.
(2)
The owner of record of such residence building shall
be charged $101.76 per calendar year for each dwelling unit contained
in such residence building for the collection of garbage and rubbish
from the residence building.
C.
Nonresidence buildings. The Borough shall not collect
garbage or rubbish from any nonresidence building or business, commercial
or industrial enterprise. Owners of such buildings shall be required
to dispose of their rubbish using a collector that has been licensed
by the Borough. Such collectors, properly licensed, shall remit a
licensing fee of $100 per year to the Borough.
D.
Chlorofluorocarbons. The Borough shall make available
a service for the disposal of appliances and equipment containing
machinery that utilizes chlorofluorocarbons (CFCs). Beginning with
the calendar year 1996, and for each year thereafter, there is hereby
imposed a CFC disposal fee of $10 per service call for the removal
of such items.
E.
Contracts. Nothing in this section shall prevent,
prohibit or restrict the Borough from contracting for removal of garbage
and rubbish with owners or owners of record of buildings which are
not otherwise covered by the above provisions.
F.
Billing and penalties.
(1)
All bills for collection of the annual fees provided in Subsection B hereof shall be directed to the owners responsible for payment in the same manner as the annual Borough sewer rental bills and shall be subject to the same penalties and interest as provided by law for such sewer bills. The Tax Collector shall be paid $200 per year for collecting such garbage and rubbish fees.
(2)
Such bills, together with penalties thereon, shall
be a lien on the property in the office of the Prothonotary of the
County and collected in the manner provided by law for the collection
of municipal claims.
(3)
In any legal action to collect delinquent fees under
this section, including the filing of liens, attorneys' fees and costs
incurred by the Borough in connection with the collection action shall
be paid for by the owner of the property subject to such action.
G.
Manner of collection. The Borough shall not be obliged
to collect any garbage or rubbish not placed for collection in proper
containers and in a manner provided by this article.
[Amended 8-1-1996 by Ord. No. 1248]
A.
Whoever violates any of the provisions of this article
shall be fined not less than $100 nor more than $1,000 or imprisoned
not more than 10 days in the Borough lockup or not more than 30 days
in the county jail or workhouse, or both such fine and imprisonment.
A separate offense shall be deemed committed each day during or on
which a violation or noncompliance occurs or continues.
B.
Upon a finding that any person has engaged in unlawful conduct as defined in this article or in Articles II and III of this chapter, the Borough may revoke any license issued to such person in accordance with the provisions of said articles, and the Borough or the county may deny any subsequent application by such person for a license pursuant to said requirements.
C.
Residents shall be required to correct any violation
within 24 hours of being notified by the Department of Code Enforcement
that said violation has taken place. Should residents not comply with
an order to remediate issued by the Borough, the Borough may impose
fines and/or penalties in accordance with the penalty provisions of
this article and/or lien properties for costs associated with remediation.
