[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-1999 by Ord. No. 82 (Ch. 20, Part 1, of the 1994 Code)]
When used in this article, the following words shall have the meaning stated herein:
BOROUGH
The Borough of Bonneauville, Adams County, Pennsylvania, and its Borough Council.
BOROUGH COLLECTOR
That entity designated by the Borough by means of a contract as the entity having the exclusive right to collect municipal waste and recyclable materials within the Borough.
CONTAINER
The receptacle in which municipal waste is placed for collection, including cans, boxes and plastic bags; provided, however, that they are so constructed to be for permanent use, except bags which are to be for one time use as a municipal waste receptacle.
MUNICIPAL WASTE
Any and all garbage, rubbish, ashes, debris (such as stones, brick, plaster, broken concrete or earth), industrial lunch room or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments or from community activities.
PERSON
Any person, firm, partnership, association, corporation, company, organization or other entity recognized in law.
RECYCLABLE MATERIAL
Those materials which may be processed or refabricated for reuse and which are specified by the Borough and/or the County of Adams for separation for municipal waste. These materials may include, but are not limited to, aluminum, containers, bimetal and tin containers, clear and colored glass containers, newspaper and certain plastic containers.
It shall be unlawful for any person other than the Borough Collector to collect and/or haul municipal waste and/or recyclable materials within or from the Borough. No person within the Borough may contract with any hauler of municipal waste and/or recyclable materials to collect, haul or dispose of municipal waste and/or recyclable materials unless such hauler is authorized to collect such waste and materials by the Borough; except, however, that all commercial properties within the Borough are exempt from this provision.
Containers, other than bags manufactured for single use garbage collection shall be made of durable, watertight, rust-resistant material having a close-fitting lid and handles to facilitate collection. All such containers shall be kept in good and sanitary condition without the accumulation of municipal waste residue in or on them. Any container which does not conform to the standards herein, or which is likely to cause harm to the Borough Collector or its employees in the course of collection, shall upon notice be replaced by the owner of the container.
Bags used in place of containers must be manufactured for the purpose of containing municipal waste awaiting collection. Such bags shall be of such strength and quality as to resist entry by rodents and other animals. Persons located in areas which have recurring incidents of animal invasion into such bags must, upon notice, use other containers to store municipal waste awaiting collection.
Any person violating any of the provisions of this article shall, upon conviction thereof in a proceeding conducted in accordance with the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $1,000 and, in default thereof, shall be imprisoned for not more than 30 days during which a violation of this article continues. This article is a regulation affecting the health, safety and welfare of the inhabitants of the Borough. The penalties prescribed herein are in addition to any other remedy available in law or in equity.