[HISTORY: Adopted by the Borough Council of the Borough of
Dover as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-3-1975 by Ord.
No. 5-1975; amended in its entirety 4-5-1999 by Ord. No. 1999-1]
This article shall be known as the "Refuse and Garbage Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
A building or buildings consisting of four or more rental
or condominium units, including retail store rooms.
The refuse collector retained by the borough for collecting
refuse within municipal limits, who has agreed to make door-to-door
collections for an agreed period of time, and who is paid by the borough.
The storage, collection, disposal or handling of refuse.
Any natural person, association, partnership, firm or corporation.
The singular shall include the plural, and the masculine shall include
the feminine and the neuter.
All solid wastes, including garbage, ashes and trash, but
not including body wastes, both human and other animal.
GARBAGEAll animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods; wastes from the handling, storage and sale of produce.
ASHESThe residue resulting from the burning of wood, coal, coke or other combustible material, whether resulting from cooking, heating buildings or otherwise.
TRASHGlass, metal, paper, plant growth, wood or nonputrescible solid wastes. Trash shall not include earth and rocks from building operations. The term "rubbish" shall be considered synonymous with trash.
COMBUSTIBLE TRASHIncludes but is not limited to paper, wood, tree and yard trimmings, flammable waste and petroleum products.
NONCOMBUSTIBLE TRASHIncludes but is not limited to metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral wastes.
STREET TRASHIncludes but is not limited to street sweepings, dirt, leaves, catch-basin dirt and contents of litter receptacles.
BULKY TRASHIncludes but is not limited to discarded furniture, large household appliances, such as refrigerators, washing machines, bathtubs, sinks and commodes, large packing cases or containers.
That element of real estate, occupied or intended to be occupied
by one family (in the usual meaning of the term, consisting of one
or more persons, closely related), one commercial or one industrial
enterprise.
A.
Deposit of refuse on private premises. It shall be unlawful to deposit,
place, leave or dump any garbage, ashes, rubbish or refuse on any
premises in the borough without the consent of the owner or tenant
in possession thereof.
B.
Combustible refuse. It shall be unlawful to permit or store any combustible
refuse in such a way as to create a fire hazard, or to store or throw
away any refuse of any kind in an alley, street or public way in the
borough. Accumulations of combustible or flammable waste or rubbish
of any kind shall be not permitted to remain upon any roof or in any
court, yard, vacant lot or open space, or upon any public street,
sidewalk, easement or alley abutting thereon. All weeds, grass, vines
or other growth, when the same endangers property, or is liable to
be ignited, shall be cut down and removed by the owner or occupant
of the property, including such items growing in or upon any public
street, sidewalk, easement or alley abutting said property.
C.
Windblown refuse. It shall be unlawful to deposit or leave any refuse
in such a place or condition that it can be blown by the wind, so
as to be scattered or cause clouds of dust or particles; and it shall
be unlawful to permit the escape of soot, ashes or other solid products
or results of combustion, so as to be windblown or scattered.
D.
Debris on streets. It shall be unlawful to throw or deposit any glass,
tacks, nails or other refuse on any public place or way in the borough.
E.
Accumulation of refuse. The accumulation of refuse or other deleterious
substances on the premises of private residences, commercial institutions
and in streets and alleys greatly increases the danger of fire and
the spread of infections, contagious and epidemic diseases, constitutes
a public menace and nuisance and is prohibited.
F.
Business premises. The owner, manager or occupant of any store or
other place of business shall keep his premises clean of refuse thrown
or left on the premises by its employees, customers or passersby,
and prevent refuse drifting or blowing onto adjoining premises or
public rights-of-way. Receptacles of sufficient size and numbers,
with lids or covers, for deposit of refuse by patrons and the public
shall be placed on the premises.
A.
Garbage shall be drained before storage.
B.
Ashes shall be stored in fire-resistant containers. Ashes containing
hot embers shall not be collected until they have cooled.
C.
Trash. Tree trimmings, hedge clippings, old newspapers and similar
materials, which cannot be placed, conveniently, in the herein-specified
containers, shall be baled, tied or sacked in compact bundles less
than three feet in length and placed in a location easily accessible
to the collector.
D.
Bulky trash shall not be allowed to accumulate on any premises.
All persons, within the municipality are required to keep their
premises in a clean and sanitary condition, free from accumulations
of refuse, except when stored as provided in this article.
A.
Receptacles. Individual containers, utilized for the storage of refuse
at household or other premises, shall have the following physical
characteristics:
(1)
Constructed
of durable grade of galvanized metal, plastic or other suitable material,
acceptable to the Dover Borough Council.
(2)
Not
greater than 15 gallons' capacity for garbage storage; not greater
than 32 gallons' capacity for other refuse storage.
(3)
Constructed
of rust- and corrosion-resistant materials.
(4)
Be
equipped with tight-fitting lids.
(5)
Constructed
in such a manner as to be watertight, leakproof, weatherproof, insect-proof
and rodent-proof.
(6)
Shall
not exceed 50 pounds in weight, when filled.
(7)
Shall
be fitted with two lifting handles, on opposite sides, and a cover
with a lifting handle.
(8)
The container shall be without inside protrusions, and the refuse
shall be loosely-packed, so that the contents shall discharge freely,
when the receptacle is inverted.
B.
Disposable containers. Disposable containers shall be acceptable
for storage of refuse, provided that they have the following physical
characteristics:
(1)
Made of heavy, multiple-ply paper or polyethylene or ethylene copolymer
resin, designed for outdoor storage of refuse.
(2)
Bags must be securely tied or sealed to prevent emission of odors
and contents, and must be of a material which prevents liquids and
greases from penetrating the material.
(3)
Shall be of sufficient thickness and strength to contain the refuse
enclosed, without tearing or ripping under normal handling.
(4)
Bags must be protected against precipitation, animal damage and overloading,
to prevent littering or attracting of vectors.
C.
Bulk containers.
Bulk containers for refuse of commercial, industrial, institutional
and apartment complex enterprises shall meet the general container
requirements previously set forth, except for size limitations. Bulk
containers shall be sized according to type and quantity of waste
production, equipment handling capabilities and frequency of collection.
D.
Open storage.
Certain wastes of nondecomposable nature may be stored, temporarily,
other than in containers.
(1)
In order to minimize littering, magazines, newspapers, wastepaper, tree prunings, brush and yard trimmings, when stored outside of containers, shall be tied securely in bundles, in the manner hereinabove indicated (§ 131-4C).
(2)
Tires and outsized wastes, such as furniture and appliances, shall
be stored so that water accumulation is prevented.
E.
Storage of nonrefuse materials. Certain materials, such as scrap lumber and firewood, may be stored and kept on the premises, as provided in Subsection H. All fertilizer, organic or inorganic, in reasonable amounts, may be stored, used and distributed on lawns and gardens, and shall be exempted from the provisions of this article.
F.
Disturbing
containers. No unauthorized person shall uncover, pilfer, dig into,
turn over or in any other manner disturb or use any refuse container
belonging to another. This shall not be construed to prohibit the
use of public refuse containers for their intended purposes.
G.
Health
considerations. The storage of all refuse shall be practiced so as
to prevent the attraction, harborage or breeding of insects, rodents
and other vermin, and to eliminate conditions harmful to public health,
or which create safety hazards, odors, unsightliness and public nuisances.
A.
Place of collection. Refuse receptacles shall be placed at ground
level, at curbside or, where there is no curb, on the area immediately
adjacent to the paved street, not within the cartway. For commercial
establishments served by container service or dumpster service, the
placement of containers may be designated by an agent of Borough Council.
B.
Number of containers or parcels. The contract collector shall not be required to pick up more than six containers or bundles on any one collection day, per unit, whether dwelling, commercial or industrial unit. Notwithstanding the foregoing, the contract collector shall not be required to pick up any refuse from apartment or condominium complexes (§ 131-2). If any person occasionally produces more than six containers or bundles for any one collection day, the additional containers, unless odoriferous or otherwise objectionable, shall be stored as hereinabove provided, until the next collection. Every unit (§ 131-2) which regularly accumulates more than six containers or bundles, and all apartment and condominium complexes, shall arrange, privately, with the collector for regular removal of refuse at least as often as herein provided.
C.
No refuse shall be moved to the place of collection earlier than
6:00 p.m. on the day preceding the day scheduled for collection.
[Amended 10-1-2012 by Ord. No. 2012-04]
D.
Empty containers must be removed from curbside, sidewalks and alleys
no later than noon on the day immediately following the day of collection.
E.
All loose refuse left after collection must be gathered up and stored
as herein provided until the next collection.
A.
Frequency of collection.
(1)
Refuse shall be collected:
[Amended 10-1-2012 by Ord. No. 2012-04]
(a)
Once a week from January 1 through December 31 of each year;
collection shall not begin prior to 7:00 a.m., during Eastern standard
time, and not prior to 6:00 a.m. during daylight saving time.
[Amended 12-7-2015 by Ord. No. 2015-05]
(b)
Weekly for bulky trash.
(c)
If collection normally would fall on a holiday, the collection
will be made on the following day.
B.
Excess refuse. Collection of excess refuse from apartment and/or
condominium complexes, commercial, industrial and institutional enterprises
and of excess amounts of refuse from individuals shall be collected
pursuant to agreement between the producer of the refuse and the collector,
prior to the institution of such service.
C.
Limitations. Employees of the contract collector are not authorized,
nor permitted, to go upon private property to collect refuse, except
areas that are open to the public, such as parking lots, parks and
private alleys.
D.
Spillage. The contractor is required to prevent spillage of any material
in the street, or upon other property within the borough limits, and
is responsible, entirely, for any littering, scattering or spillage
of material on the street, except as to that caused by individuals
not in the contractor's employ.
Except for the collection of bulky trash, all vehicles used
for the collection of refuse shall have watertight enclosed metal
bodies of easily cleanable construction, equipped with compaction
devices.
A.
No collector shall dispose of any refuse collected in Dover Borough,
York County, except by conveyance to a disposal facility operated
by the York County Solid Waste and Refuse Authority, or other state-approved
refuse disposal facility.
B.
The collector shall supply all labor and equipment necessary to collect
and remove refuse within the corporate limits of the Borough of Dover,
York County, Pennsylvania, and to dispose of the same, pursuant to
the terms of this article.
Any person, other than the contract collector, who shall violate
any provision of this article shall be sentenced, upon conviction,
to pay a fine not exceeding $600 plus costs of prosecution and, in
default of payment of said fine and costs, shall be sentenced to a
term of imprisonment not exceeding 30 days.
The borough shall be paid in quarterly installments pursuant
to a resolution adopted by the Borough Council establishing rates
for solid waste collection and disposal.
Each licensed collector assumes full and complete responsibility
for all personal injury and property damage resulting from any act,
or failure to act, on the part of himself, his servants, employees,
agents and business invitees, in whatever way connected with the performance
of his duties hereunder.
A.
If the contract collector breaches any part of his contract and specifications,
such agent as Dover Borough Council may appoint shall give notice
to him to cure such breach. If, after 48 hours from the date of such
notice, the breach has not been cured, the agent, without further
notice, may proceed to have the work done by another party or parties
and may deduct the cost of the same from moneys owed by the borough
to the collector, or by direct charges to the collector.
B.
In the event of any breach, the borough, upon 48 hours' notice
to the contract collector, may rescind the contract and proceed to
readvertise and let the work to another collector, in which event
any damages sustained by the borough shall be deducted from moneys
owing by the borough to the contract collector, and, if there are
no moneys owing at the time of default, then the borough may proceed
to collect such damages by action at law or otherwise, against the
contract collector and his surety.
C.
The subject contract, and any moneys owing thereunder to the contract
collector, shall not be assigned without the consent of the borough,
and any such purported assignment, in every case, shall be null and
void. The borough reserves the right to rescind the entire contract
if the collector attempts to make any such assignment.
In any case where a provision of this article is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. Where there is conflict with a provision of any other
ordinances or code of Dover Borough existing on the effective date
of this article, which establishes a lower standard for the promotion
and protection of the health and safety of the people, the provisions
of such other ordinances or codes are hereby declared to be repealed
to the extent that they are in conflict with this article.
[Adopted 2-4-2013 by Ord.
No. 2013-01]
This article shall be known as the "Dover Borough Recycling
Ordinance" and the same may be cited in that manner.
The Borough Council of the Borough of Dover hereby finds that
the reduction of the amount of solid waste and conservation of recyclable
materials is an important public concern and it is therefore appropriate
to implement the requirements of Pennsylvania Act No. 101 of 1988
and the York County Solid Waste Management Plan, as updated, to help
minimize the adverse environmental effects of land filling by reducing
the need for landfills and conserving the existing landfill capacity,
to facilitate the implementation and operation of other forms of resource
recovery identified in the York County Solid Waste Management Plan,
to conserve natural resources, and to control the escalating costs
of solid waste disposal.
For purposes of this article, the following terms, phrases or
words shall have the meaning ascribed to them in this section, except
where the context in which the word is used clearly indicates otherwise.
Empty all-aluminum non-aerosol or aerosol beverage and food
containers.
Empty nonaerosol or aerosol food or beverage containers consisting
of all-steel or ferrous sides and bottom and an aluminum top (sometimes
called "tin" cans).
The Borough of Dover located in York County, Pennsylvania,
or its authorized representative or representatives.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other materials,
but excluding plastic wrap, foam, or wax-coated or soiled cardboard.
Non-profit groups that utilize the Borough's contracted
solid waste service including, but not limited to, churches, fire
companies, and other incorporated or unincorporated associations or
groups serving a charitable or civic purpose.
That individual, partnership, firm corporation or business
entity designated by the Borough by means of an independent contract,
as the person having the exclusive right and privilege to collect,
haul, carry, or remove municipal solid waste and/or recyclable materials
from the dwelling units and small commercial establishments within
the Borough.
Those properties used primarily for business purposes. Small
commercial establishments are those that have a low volume of solid
waste and utilize the Borough contracted solid waste and recycling
service. Large commercial establishments are those with large volumes
of solid waste who contract privately for solid waste and recycling
services.
Source separated, non-putrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
Those materials specified by the Borough which are generated
by residences and commercial, municipal and institutional establishments
and which can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Designated recyclable materials may include, but are not necessarily
limited to, glass, paper, plastic containers, cans, corrugated and
other cardboard, newspaper or magazines. The designated recyclable
materials selected by the Borough may be revised from time to time
by resolution of Borough Council as deemed necessary by the Borough.
A building used for residential living quarters for one or
more families except hotels, motels, rooming houses, convalescent
homes and tourist homes or other accommodations used for transient
occupancy.
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
All clear (flint) green and brown (amber) colored glass containers.
Glass shall not include crystal, ceramics, light bulbs, and plate,
window, laminated, wired or mirrored glass.
Those facilities that house or serve groups of people, such
as hospitals, schools, colleges, and nursing homes.
Any property having two or more dwelling units per structure.
Any public facility operated by Borough or other governmental
or quasi-governmental authority.
All newspaper, high grade office paper, fine paper, bond
paper, office paper, xerographic paper, mimeo paper, duplication paper,
magazines, paperback books, school paper, catalogs, junk mail, computer
paper, telephone books, and similar cellulosic materials, but excluding
waxed paper, plastic or foil-coated paper, carbon paper, blueprint
paper, food contaminated paper, soiled paper and cardboard.
Any individual, partnership, firm, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
Federal government or agency, State institution or agency or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. It shall also mean owner, lessee, or occupant
of a residential dwelling, commercial establishment or institutional
establishment. In any provision of this article prescribing a fine,
imprisonment or penalty, or any combination thereof, the term "person"
shall include officers and directors of any corporation or other legal
entity having officers and directors.
All empty plastic containers with recycle triangles number
one through number seven with a neck smaller than the base, excluding
plastic containers used for oils, paints, solvents, chemicals or otherwise
potentially hazardous materials and not including any other plastic
product.
Those materials which may be processed or re-fabricated for
re-use and which are specified by the Borough as "designated recyclable
materials" for separation from the regular solid waste.
The collection, separation, recovery and sale or re-use of
metals, glass, paper, yard waste, plastic, and other materials which
would otherwise be disposed of or processed as municipal solid waste.
The container provided by the Borough for the express purpose
of storing recyclable materials for collection by the Borough's
collector.
Any occupied single family, two-family or multifamily dwelling
property for which the Borough provides municipal solid waste collection
service.
Garbage, refuse and other discarded materials including,
but not limited to, solid and liquid waste materials resulting from
residential and commercial activities. Solid waste also includes rubbish
and ashes which are defined as: Rubbish consists of all household
refuse or wastes, except body wastes including, but not limited to,
paper, tin cans, glass, metal, wood, used Christmas trees, grass,
leaves, tree and shrubbery cuttings and yard cleanings; and ashes
consist of the residue from burning of coal, wood, paper or other
combustible material.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
There is hereby established in the Borough a mandatory source
separation and collection program for recyclable materials from solid
waste by residents, and commercial, municipal, civic and institutional
organizations in accordance with this article.
A.
Recyclable materials for residential dwellings, small commercial
establishments, municipal establishments and civil organizations are
newspaper, bundled office paper, magazines, clear and colored glass
bottles and jars, plastic containers bearing the recycling symbol
triangle number one through number seven and aluminum and steel and
bimetal cans.
B.
Recyclable materials from residential dwellings, small commercial
establishments, municipal establishments, and civic organizations
shall be placed in recycling bins either at the public street or alley
edge where solid waste is normally placed but separate from solid
waste for collections.
C.
At such times and dates as may be established by the Borough, recyclable
materials for residential dwellings, small commercial establishments,
municipal establishments, and civic organizations shall be collected
once a week unless the collection day would fall on a holiday, in
which case the collection would be the following day.
D.
Recyclable materials for residential dwellings, small commercial
establishments, municipal establishments, and civic organizations
shall be prepared for collection as follows:
(1)
All newspaper shall be placed in a recycle bin.
(2)
Glass and plastic containers shall have caps and lids removed and
discarded and then should be rinsed free of contaminants.
(3)
Aluminum cans and bimetal cans or steel cans should be rinsed free
of contaminants.
(4)
Glass and plastic containers, aluminum cans and bimetal or steel
cans shall be commingled in the bin or bins provided by the Borough.
No solid waste shall be placed in the recycling bin.
(5)
No recyclable materials shall be placed at the street or alley side
earlier than 6:00 p.m. the evening of the day preceding a scheduled
collection day.
(6)
The Borough may, from time to time, by resolution, alter the preparation
of recyclable material, which resolution shall have the force and
effect as this article.
Instead of having each dwelling unit use a separate recycling
bin, the owners, landlord or agent of any owner or landlord of multi-family
dwelling properties may establish a centralized collection system
for recyclable materials at each structure upon written approval of
the Borough Council. Recyclable materials for multi-family dwelling
properties are the same as those of other residential dwellings. The
collection systems must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers,
and written instructions to occupants concerning the use and availability
of the collection systems. Owners, landlords and agents who comply
with this section shall be liable for noncompliance of occupants of
their buildings.
Large commercial and institutional establishments shall separate
and store recyclable materials until collection. Recyclable materials
for large commercial and institutional establishments are high grade
office paper, aluminum cans and cardboard. These establishments shall
arrange for transfer of recyclable materials to a recycling system
or recycling facility. These establishments shall annually provide
to the Borough, by January 15, on a form provided by the Borough,
evidence of such arrangement and documentation of the total number
of tons of each of the recycled materials that were recycled during
the previous calendar year.
The Borough may enter into a collection contract with a collector
for collection of all or part of recyclable materials from the Borough.
No person other than the Borough designated collector shall
collect or pick up or cause to be collected or picked up any recyclable
material from residential dwellings and small commercial establishments
that has been placed for curbside pickup within the Borough or dispose
of the same in any manner. Each such collection or pickup in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
A.
It shall be unlawful for:
(1)
Any person to violate or to cause or to assist in the violation of
any provision of this article or any provision of Pennsylvania Act
101 concerning recycling.
(2)
Any person to place or to cause to be placed any material other than
a designated recyclable in a recycling bin.
(3)
Any person to hinder, to obstruct, to prevent or to interfere with
the Borough or designated collector in the performance of any duty
under this article or in the enforcement of this article.
(4)
Any person to cause or to allow their pets to cause recyclable materials
to be scattered or spilled from recycling bins or bundles that have
been placed for collection.
(5)
Theft of recycling bins.
(6)
Willful damage to and/or unauthorized use of recycling bins.
The Borough or, at the direction of the Borough, the designated
collector collecting solid waste generated within the Borough, may
refuse to collect solid waste from any person who has clearly failed
to source separate recyclables designated under an applicable section
of this article.
Notwithstanding anything herein to the contrary, any resident
of the Borough may donate or sell any recyclable material to any other
person; provided, however, that the person receiving the recyclable
material does recycle it and does not under any circumstances collect
the donated or sold recyclable material from the curbside. All recycling
bins placed at the curbside are deemed to contain recyclable materials
intended for the Borough designated collector.
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with the laws of the Commonwealth of Pennsylvania
and in force in the Borough on the effective date of this article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless such renewal
or such contract shall conform to the requirements of this article.
The Borough shall supply one recycling bin to each residential
dwelling, individual unit or multifamily dwelling, small commercial
establishment, municipal establishment and civic organization to which
a recycling bin was not already distributed as of the effective date
of this article.
Any person or entity violating any of the provisions of this
article shall, upon summary conviction thereof, be sentenced to pay
a fine of not less than $50 nor more than $600 together with the costs
of prosecution, and in default of payment thereof, to be imprisoned
in the York County Prison for a period not to exceed 30 days. Each
continuing day of violation of this article shall constitute a separate
offense.
In any case where a provision of this article is found to be
in conflict with a provision of any other ordinance of the Borough,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail,
and the lesser provision of the other ordinance shall not be applicable
in the case.
