[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 6-6-1966 by Ord. No. 171. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The residue from the burning of wood, coal, coke or other combustible materials.
- The animal, fruit and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and the residue from fruit trees located on the premises. It shall not include more than a minimum amount of free liquids. It shall not include food-processing wastes from industries, such as canneries or packing plants, nor large quantities of condemned food products.
- A natural person, and also a firm, copartnership, association, school, church, institution or corporation which would be deemed a business establishment.
- Garbage, ashes, rubbish and riffraff, as herein defined.
- All waste material which is too large for collection in a twenty-one-gallon container. Examples include Christmas trees, furniture, tanks, stoves, large dead animals, tree trimmings, etc.
- All waste material, other than ashes or garbage, which can be collected in a twenty-one-gallon container, such as paper, rags, street sweepings, small dead animals, excelsior, straw, boxes, old clothes and shoes, leather scraps, pieces of carpet, grass, hedge trimmings, cloth, glass, china, wood, sand, brick, tile, etc.
- SOLID WASTE CONTAINER
- A 96-gallon wheeled trash tote provided by the Borough through
its trash collector.[Added 7-11-2017 by Ord. No. 6-2017]
The Borough further incorporates, by reference, the definitions established in Section 1 of Ordinance No. 1-2017, which is incorporated herein by reference. To the extent there are any inconsistencies in these definitions, the definitions set forth in Section 1 of Ordinance No. 1-2017 shall control and supersede.
[Added 7-11-2017 by Ord. No. 6-2017]
[Amended 7-11-2017 by Ord. No. 6-2017]
All refuse accumulated in the Borough of Pennsburg from residences and businesses shall be collected, conveyed and disposed of by the Borough of Pennsburg. However, those residences and businesses containing more than six total residential or business units in combination shall be required to collect, convey and dispose of such refuse and recycling in accordance with regulations for collections, conveyance and disposal prescribed in this chapter or made by Borough Council, which may include the use of a dumpster or other common collection container.
Borough Council is hereby authorized to contract for the performance of the service provided by this chapter and to award a contract therefor from time to time for such period of time as shall be determined by Borough Council, which contract shall require the contractor to assume all responsibility for the collection of refuse in the Borough of Pennsburg in accordance with the provisions of this chapter and regulations, orders and specifications provided under the authority thereof, and to convey, dump and dispose of all such refuse beyond and outside the boundaries of the Borough of Pennsburg and to fix and regulate, in a manner not inconsistent with the terms of this chapter, the manner, method and time of collecting and conveying refuse, the type of equipment required for the purpose and the price to be paid for the performance of said contract and the time or times for the payment thereof.
[Added 12-20-1980 by Ord. No. 5-80; amended 1-6-2015 by Ord. No. 2-2015; 12-4-2018 by Ord. No. 3-2018]
The owner(s) of each dwelling unit shall be responsible to pay an annual charge to the Borough of Pennsburg for the privilege of using the refuse and recycling collection service described in this chapter and as described in Ordinance No. 1-2017. This annual service charge shall be determined by Borough Council, as hereinafter provided. This annual service charge shall be due and payable whether the residential dwelling unit is occupied or unoccupied and regardless of whether the owner(s) or occupants of the residential dwelling are utilizing the refuse and recycling collection services offered. The failure of an owner(s) to pay the annual charge to the Borough in a timely fashion shall subject the owner(s) to pay additional charges and fees as described in § 82-3.2 below.
[Added 12-20-1980 by Ord. No. 5-80; amended 12-19-1984 by Ord. No. 1-84; 12-21-1989 by Ord. No. 10-89; 2-5-1990 by Ord. No. 1-90; 2-4-1991 by Ord. No. 2-91; 1-6-2015 by Ord. No. 2-2015; 6-2-2015 by Ord. No. 3-2015; 12-4-2018 by Ord. No. 3-2018]
The annual service charge for the collection and disposal of refuse, penalties for late payment and costs of collection shall be determined by resolution of the Pennsburg Borough Council from time to time.
All bills for the collection and disposal of refuse shall be rendered annually and shall thereupon be immediately due and payable. All bills shall be payable to the Borough Secretary. Payments representing collection costs for January through December shall be subject to a per-unit and/or per-dwelling-unit penalty if not paid on or before March 31. Accounts not paid within 60 days of March 31 shall be referred to the Borough Solicitor with instructions to proceed for the collection of such unpaid charges, together with all penalties thereon, and the same shall be collected by an action of assumpsit in the name of the Borough against the owner of the property charged or by a lien filed in the nature of a municipal lien against the subject property or in any other manner provided by the law for the collection of a municipal lien.
[Added 12-20-1980 by Ord. No. 5-80]
The fees for the collection and disposal of refuse collected from an apartment, apartments or apartment complexes shall be assessed in the amount of the annual rate against each individual apartment dwelling unit.
[Added 12-20-1980 by Ord. No. 5-80]
It is the intention of the Borough Council of the Borough of Pennsburg that each separate provision of this chapter shall be independent of all other provisions herein, and it is further the intention of said Council that, if any of the provisions of this chapter be declared to be invalid, all of the other provisions hereof shall remain valid and in force.
[Added 12-20-1980 by Ord. No. 5-80]
All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed, and all other sections of Chapter 82 of the Code of the Borough of Pennsburg are hereby reaffirmed.
The collection and disposal of refuse in the Borough of Pennsburg shall be under the supervision of the Borough Council. The Council shall have authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection and disposal as it may deem advisable, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against any regulations or order made by the Borough Council to the Borough Council, which may confirm, modify or revoke any such regulation or order; provided, however, that no such appeal to Borough Council shall be permitted as to any regulation covered by this chapter.
[Added 2-4-1991 by Ord. No. 2-91; amended 1-7-2013 by Ord. No. 1-2013; 7-11-2017 by Ord. No. 6-2017; 12-4-2018 by Ord. No. 3-2018]
Every family or household whose premises refuse is collected or removed shall use a solid waste container which has been provided by the Borough of Pennsburg. In addition to utilizing the container, each household may utilize two additional plastic trash bags per week/collection which will be accepted by the trash collector.
[Amended 2-4-1991 by Ord. No. 2-91; 7-11-2017 by Ord. No. 6-2017]
The Borough Council is authorized to arrange daily schedules for collection of refuse at the various categories and sections of the Borough and shall give public notice thereof. Such schedules shall provide for one collection for each and every week throughout the year. No collections shall be made on Sundays or the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. All collections shall be made between the hours of 6:00 a.m. and 6:00 p.m., provided that collections may be made after 6:00 p.m. to complete a day's schedule.
All persons within the Borough of Pennsburg, other than those excluded under § 82-2, shall dispose of refuse by the municipal collection service only, and no person shall transport or dispose of refuse by any means not approved by this chapter or by the Borough Council.
The Borough Council is authorized to make regulations concerning the hauling of refuse collected outside of the Borough of Pennsburg over the streets of the Borough of Pennsburg. No refuse shall be hauled over the streets of the Borough of Pennsburg except in a watertight vehicle provided with a tight cover so as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled therefrom. No refuse shall be dumped or disposed of within the limits of the Borough of Pennsburg.
Ownership of refuse set out for collection shall be vested in the Borough of Pennsburg.
On and after the date of the award of a contract for collection service pursuant to the authority contained in § 82-3 hereof:
It shall be unlawful for any person to collect, convey over any of the streets or alleys of the Borough of Pennsburg or dispose of any refuse accumulated in said Borough in any manner not approved of in this chapter or subsequent regulations.
It shall be unlawful for any person to place any refuse in any street, alley, or other public place or upon private property, whether owned by such person or not, within the Borough, except if it is in proper receptacles for collection. In no event shall any trash, refuse, trash bag or trash receptacle be placed at the curb for collection earlier than 12:00 p.m. (noon) the day before the scheduled trash and refuse collection. In addition, no person shall throw or deposit any refuse in any stream or other body of water.
[Amended 6-2-2015 by Ord. No. 3-2015]
It shall be unlawful for any person to allow any accumulation of refuse on any premises in the Borough of Pennsburg other than for the purpose of collection in the manner provided by this chapter or by special regulation of Borough Council. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove unauthorized accumulation of refuse within 15 days of notice to either the occupant or owner shall be deemed a violation of this chapter.
It shall be unlawful for any person, other than the occupants of the premises on which refuse receptacles are stored or the collector, to remove the covers of any of the refuse receptacles or to remove the refuse stored in such containers.
It shall be unlawful to place in any containers provided for regular collection any wearing apparel, bedding or refuse from premises where highly infectious or contagious diseases have prevailed, or any highly flammable or explosive refuse.
It shall be unlawful for any person to burn any refuse within the Borough. This burning provision shall not apply to outdoor picnics and charcoal or gas grilling. Additionally, burning will be permitted only when controlled and authorized by Borough Council and when it is under and subject to the supervision and direction of the local fire company.
[Amended 11-7-1966 by Ord. No. 171; 7-11-2017 by Ord. No. 6-2017]
[Amended 4-4-1977 by Ord. No. 2-77]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default in payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 7-11-2017 by Ord. No. 6-2017]
Any solid waste or recycling hauler/collector operating within Pennsburg Borough shall annually submit a permit application to the Borough Secretary on forms provided by Pennsburg Borough. A permit application fee of $200 shall be submitted with each permit application. The permit application fee may be amended from time to time by resolution of Borough Council.