[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge as indicated in article histories. Amendments
noted where applicable.]
Article I Refuse Disposal
§ 290-1 Title.
§ 290-2 Definitions; word usage.
§ 290-3 Preparation for collection; containers; storage.
§ 290-4 Collection requirements; collectors.
§ 290-5 Disposal requirements.
§ 290-6 Violations and penalties.
Article II Refuse Collection; Recycling
§ 290-7 Definitions.
§ 290-8 Residential refuse collection; stickers.
§ 290-9 Commercial, institutional and municipal establishments.
§ 290-10 Collector restrictions; frequency of collections.
§ 290-11 Unlawful acts.
§ 290-12 Violations and penalties.
[Adopted 2-21-1970 by Ord. No. 15-1970 (Ch. 135, Art. I, of the 1994 Code); amended in its entirety 5-12-2015 by Ord. No. 3-2015]
§ 290-1 Title.
This article shall be known as the "Refuse Disposal Ordinance."
§ 290-2 Definitions; word usage.
A.
As used in this article, the following terms shall have the meanings
indicated:
- ASHES
- The residue resulting from the burning of wood, coal, coke or other combustible material.
- BULKY WASTES
- The normal household discarding of appliances, furniture, bedding and the like.
- DISPOSAL
- Includes the storage, collection, disposal or handling of refuse.
- GARBAGE
- All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
- PERSON
- Includes any natural person, association, partnership, firm or corporation.
- REFUSE
- All solid wastes, except body wastes, and shall include garbage, ashes and rubbish.
- RUBBISH
- Any putrescible food waste resulting from the preparation or disposal of food such as animal or vegetable matter. Any nonrecyclable item such as soiled or contaminated paper or other nonrecyclable materials such as window glass, broken glass, nonrecyclable plastic items, animal waste, and any items which cannot be collected for recycling. No items which are collected by the Borough for recycling can be included as rubbish. Rubbish is often referred to as "trash", "garbage," or "refuse."
B.
Word usage. The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
§ 290-3 Preparation for collection; containers; storage.
The collection of rubbish is mandatory in Old Forge Borough.
A.
Preparation of refuse.
(1)
All refuse shall be drained free of liquids before disposal.
(2)
Garbage shall be wrapped in paper or similar material.
(3)
All cans, bottles or other food containers shall be rinsed free of
food particles and drained before disposal.
(4)
Rubbish shall be placed in approved containers or cut and bailed,
tied, bundled, stacked or packaged so as not to exceed 36 inches in
length and 50 pounds in weight.
B.
Refuse containers.
(1)
The garbage receptacle shall be a container of iron, steel, or heavy-duty
plastic and shall be watertight and have a tight-fitting cover that
will prevent access to flies and other insects or animals. The container
shall be covered at all times.
(2)
Refuse containers for residences shall be not less than 20 gallons
nor more than 35 gallons in capacity. Containers for commercial establishments
shall not exceed 40 gallons in capacity.
(3)
Refuse containers shall be kept clean by the property owner. 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 thorough rinsing and draining as often as necessary.
§ 290-4 Collection requirements; collectors.
A.
Place of collection.
(1)
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.
(2)
Notwithstanding provisions of Subsection A(1) of this section, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
(3)
Bulky waste items shall, for purposes of collection, be placed at
ground level and be made readily accessible to the collector. The
items shall be placed on the side of the street from which collection
is to be made.
B.
C.
Licensing of collectors.
(1)
No person shall collect, remove, haul or convey any refuse through
or upon any of the streets or alleys of the Borough of Old Forge or
dispose of the same in any manner or place without obtaining a license
from the governing body of said Borough.
(2)
The fee for such license shall be as set from time to time by resolution
of the Borough Council, and all licenses shall be issued for the 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.
(3)
Every person who shall apply for a license under this subsection
shall state the type or types of refuse to be collected, the manner
of collection and the place and method of disposal.
(4)
No license shall be granted if the place and method of disposal shall
not conform to the requirements of this article or to the ordinance
of any municipal or quasi-municipal corporation wherein disposal of
refuse is to be made.
(5)
No licensed collector shall make any change in the arrangements for
disposal of refuse collected by him/her without first receiving the
approval of the governing body.
(6)
It shall be unlawful to permit an unlicensed collector to collect
or remove refuse from a household, institution or commercial enterprise.
§ 290-5 Disposal requirements.
It shall be unlawful to dump, burn, bury, destroy or otherwise
dispose of any type of rubbish, waste, trash or refuse within the
jurisdictional limits of the Borough of Old Forge except for the sole
purpose of a food barbecue, or similar event.
§ 290-6 Violations and penalties.
Any person violating any of the provisions of this article shall,
upon conviction, be punished by a fine of not more than $1,000, plus
costs of prosecution, and, in default of payment of such fine and
costs, by imprisonment for not more than 30 days. Each day's
continuance of a violation of this article may constitute a separate
offense.
[Adopted 10-11-1988 by Ord. No. 8-1988 (Ch. 135, Art. II, of the 1994 Code); amended in its entirety 5-12-2015 by Ord. No. 3-2015]
§ 290-7 Definitions.
As used in this article, the following terms
shall have the meanings indicated:
- COMMERCIAL ESTABLISHMENT
- A place where commodities are exchanged, bought or sold; business is transacted; products are manufactured or stored; and services are rendered to the public.
- COMMUNITY ACTIVITIES
- All special events, sports events, festivals, picnics or any event with 200 or more people in attendance.
- INSTITUTIONAL AND MUNICIPAL ESTABLISHMENTS
- All institutions, schools and municipal or government buildings located in the Borough.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- MULTIFAMILY HOUSING PROPERTIES
- All apartment buildings, townhouses, or other multifamily buildings.
- REFUSE CONTAINER
- Private receptacles designed for the collection of residential refuse not exceeding 35 gallons in volume.
- RESIDENTIAL RECYCLING
- Includes all items collected by the Borough curbside, including all recyclable forms of paper such as newsprint, phone books, magazines, catalogs, mixed paper, chipboard such as cereal boxes and single-layer cardboard, corrugated cardboard and any other types of paper which becomes recyclable by the Borough. Residential recycling also includes plastic bottles and containers, glass bottles and jars and containers, aluminum cans and foil containers, and steel and bimetal cans which are collected by the Borough.
- RESIDENTIAL UNIT
- The house, apartment or other structure in which a person or persons live.
- YARD WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material including grass clippings.
§ 290-8 Residential refuse collection; stickers.
A.
No refuse container will be picked up by the Borough of Old Forge
Sanitation Department without the prominent display of a sticker supplied
by the Borough.
B.
In the event that nondisposable refuse containers are used, said
stickers shall be attached to refuse itself just under the lid of
said container.
§ 290-9 Commercial, institutional and municipal establishments.
A.
Each commercial, institutional and municipal establishment located
within the Borough of Old Forge shall employ or contract with its
own private hauler for the removal of waste.
B.
Each commercial, institutional and municipal establishment must report
the name of the private hauler to the Borough on an annual basis prior
to January 31 of each year, beginning January 31, 1989.
C.
Each commercial, institutional and municipal establishment shall,
on its own or through the employ or contract with its own private
hauler, recycle corrugated cardboard; office paper; aluminum food
and beverage containers; and leaf waste in accordance with the Municipal
Waste Planning, Recycling and Waste Reduction Act, 1988, July 28,
P.L. 556, No. 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D.
Each commercial establishment must report the amount of recycled
material for the previous year to the Borough on an annual basis prior
to January 31 of each year.
§ 290-10 Collector restrictions; frequency of collections.
[Amended 3-15-2016 by Ord. No. 2-2016]
A.
Effective November 1, 1988, it shall be unlawful for any person to
combine any newsprint or newspaper with other wastes disposed of in
a refuse container. The Borough shall establish a separate pickup
for newsprint and newspapers on a biweekly basis.
B.
Effective November 1, 1988, it shall be unlawful for any person to
combine any leaf waste or grass waste with other waste disposal in
a refuse container. Leaf and grass waste shall be designated by a
special sticker supplied at no cost by the Borough. The Borough shall
establish a separate pickup for grass and leaf waste. The Borough
Council shall, by resolution, have the ability to limit the free pickup
of leaves and grass as circumstances dictate. All grass and leaf waste
shall be placed in open containers. From early spring through autumn,
the Borough shall collect leaves, grass and yard waste curbside on
a weekly basis. The Borough will collect Christmas trees during the
holiday season.
C.
Effective November 1, 1988, it shall be unlawful for any person to
combine any ashes or dirt with other wastes disposed of in a refuse
container.
D.
The Borough shall collect curbside on a biweekly basis pickup for
other recyclable materials, which may include clear glass, colored
glass, aluminum, steel and bimetallic cans, corrugated paper and plastic.
§ 290-11 Unlawful acts.
A.
No person shall place or deposit litter or waste in public receptacles
or authorized private refuse receptacles except in such a manner as
to prevent it from being scattered or carried by the elements to any
street, sidewalk or other public places or upon private premises.
B.
It shall be unlawful for any person to dispose of his/her refuse
in an area owned or controlled by another person without specific
permission from that person.
§ 290-12 Violations and penalties.
Any person violating any of the provisions of this article shall,
upon conviction, be punished by a fine of not more than $1,000, plus
costs of prosecution, and, in default of payment of such fine and
costs, by imprisonment for not more than 30 days. Each day's
continuance of a violation of this article may constitute a separate
offense.