[1]
Editor's Note: Ordinance No. 992, adopted
12-30-1980, approved 12-30-1980, reenacted Ord. No. 898, as amended,
for the calendar year 1981.
Where the words as follows are used in this
article, they shall be defined as follows:
The residue from the burning of wood, coal, coke and/or other
combustible materials which are used in the ordinary course of heating
and/or cooking for domestic, residential and/or retail commercial
purposes. It shall not include any residue produced from the operation
of any wholesale commercial business and/or industrial business.
Any animal and/or vegetable waste of any kind resulting from
the handling, preparation, cooking and/or consumption of any foodstuffs
for domestic, residential and/or retail commercial eating purposes.
Any individual, organization, group, association, partnership,
corporation or society or any combination of them.
Ashes, garbage and rubbish as herein defined.
All waste materials from places of residence and a reasonable
amount from retail commercial businesses; includes bottles, paper,
rags, old clothes, broken glass, tin cans, small branches from shrubs,
vines, cut grass and leaves, etc., but shall not include waste materials
from building operations, waste materials from industrial businesses
and/or waste materials which are not commonly produced in homes, stores
and/or institutions.
All refuse accumulated in the Borough of Prospect
Park, as provided hereinafter, shall be collected, conveyed and disposed
of by the Borough of Prospect Park or any independent contractor appointed
by the Council of the Borough of Prospect Park. The Highway Committee
of the Borough of Prospect Park shall have jurisdiction over and the
care, control and supervision of the municipal collection of refuse
within the Borough of Prospect Park, as provided hereinafter.
[Amended 1-9-2001 by Ord. No. 1223, approved 1-9-2001]
No person shall cast, place and/or deposit any
refuse, as defined herein, in any location and/or manner which violates
any provision of this article; nor shall the owner of any property
allow any tenant or occupant of said property to cast, place and/or
deposit any refuse, as defined herein, in any location and/or manner
which violates any provision of this chapter.
Ashes, garbage and rubbish shall be allowed
to be placed and maintained in the same containers as long as they
are placed in the containers in strict compliance with the provisions
of this article.
Refuse receptacles shall be made of metal or
a synthetic material approved by the Highway Committee of the Borough
of Prospect Park and shall be watertight and shall be provided with
a tight-fitting cover. Plastic bags of a type approved by the Highway
Committee of the Borough of Prospect Park shall be acceptable receptacles.
No person shall use, for the reception of refuse,
any receptacle having a capacity of more than 26 gallons or 50 pounds,
whichever is the lesser amount. Each receptacle shall be capable of
being easily handled by one man.
All garbage, before being placed in containers
for collection, shall have drained from it all free liquids, must
be wrapped in paper and must be placed in a bag.
All rubbish shall be drained of liquids before
being deposited for collection; and all cans, bottles or other containers
which contain foodstuffs shall be thoroughly rinsed and drained before
being deposited for collection.
Newspapers, magazines and/or other periodicals
must be securely tied together in bundles of a size easily handled
by one man.
All carton boxes, tree trimmings, hedge trimmings
and clippings and other similar materials shall be cut to a length
not to exceed three feet and shall be securely tied in bundles not
more than 18 inches in diameter before being deposited for collection.
All refuse receptacles shall be secured by a
tight-fitting lid until after the refuse is collected, as provided
herein, and until the receptacle is ready for reuse.
All refuse receptacles shall be kept as sanitary
as possible in view of the use to which they are put and shall be
thoroughly cleansed by the person using the same after the refuse
is collected.
A.
All refuse receptacles shall be provided by the owner,
tenant, lessee or occupant of the premises from which the collection
of refuse is to be made, except as provided hereinafter.
B.
All refuse receptacles shall be maintained in good
and usable condition.
C.
Any refuse receptacle that does not conform to the
provisions of this article or that has any ragged or sharp edges or
any other defect which may hamper or injure a person collecting the
contents thereof shall be replaced immediately with a required refuse
receptacle.
A.
No large or abnormal metal and/or wooden and/or similar
objects will be collected by the Borough of Prospect Park in the course
of the normal refuse collection. Each and every owner, tenant and/or
occupant of every residential and/or retail commercial property in
the Borough of Prospect Park will have to call the Borough Secretary
for the collection of such items and shall bear the entire cost of
the collection thereof as directed by the Highway Committee of the
Borough of Prospect Park.
B.
All large or abnormal objects shall not be placed
at the point of collection prior to 6:00 p.m. on the day preceding
their collection.
[Added 1-9-2001 by Ord. No. 1223, approved 1-9-2001]
A.
Refuse receptacles shall be placed for collection
along the curb, the side of the street or the side of the alley from
which collection is to be made, as directed by the Highway Committee
of the Borough of Prospect Park.
B.
All refuse receptacles shall not be placed at the
point of collection prior to 6:00 p.m. on the day preceding collection
and shall be removed from the point of collection by 6:00 p.m. on
the day of collection.
A.
Refuse shall be collected at least once a week from
all residences within the Borough of Prospect Park as directed by
the Highway Committee of the Borough of Prospect Park in conformity
with the provisions of this article.
B.
Refuse shall be collected at least once a week from
all retail commercial businesses within the Borough of Prospect Park
as directed by the Highway Committee of the Borough of Prospect Park
in conformity with the provisions of this article.
No refuse or other objects shall be collected
from any industrial business or from any wholesale commercial business
or from any single apartment complex site containing more than six
living units therein.
A.
No more than four refuse receptacles and no more than
six permitted plastic bags shall be placed at the point of collection
by the occupants of any single-family residential unit and a retail
commercial business.
B.
No more than two refuse receptacles and no more than
six permitted plastic bags shall be placed at the point of collection
by the occupants of any apartment unit which is entitled to municipal
refuse collection under the provisions of this article.
There shall be no municipal refuse collection
on the following holidays or on any other holiday designated by the
Highway Committee of the Borough of Prospect Park:
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New Year's Day
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Washington's Birthday
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Easter
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Memorial Day
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July 4
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Labor Day
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Veterans Day
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Thanksgiving Day
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Christmas Day
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The Highway Committee of the Borough of Prospect
Park may from time to time present to the Borough Council such suggested
rules and regulations as it may deem necessary for the proper enforcement
of the provisions of this article, provided that such rules and regulations
shall not be in conflict with the provisions of this article. The
Council may, by ordinance, approve and adopt said rules and regulations
or any of them. Such rules and regulations so approved and adopted
shall have the same force and effect as the provisions of this article,
and the penalty for the violation thereof shall be the same as the
penalty for violation of provisions of this article, as hereinafter
provided.
[Last amended 12-8-2015 by Ord. No. 1333, approved 12-8-2015]
A.
The fees for the collection and disposal of ashes, garbage, rubbish
and refuse placed for collection pursuant to the provisions of this
article shall be as follows:
B.
All accounts shall be due and payable by the owner of the real estate
provided for the payment of real estate taxes, and, if the same be
unpaid within 60 days from the time of the delivery of said bill,
said account shall be considered delinquent, a penalty of 15% shall
be added, and service of collection of said ashes, garbage, rubbish
and refuse shall be stopped without further notice. It shall be the
duty of the Borough Tax Collector, who bills for the collection of
ashes, garbage, rubbish and refuse, to forthwith notify the Borough
Secretary of any unpaid fees, and the Borough Secretary shall certify
to the person in charge of direction of collections that service on
such delinquent accounts shall cease. Service shall be resumed thereafter
only on payment of the annual collection charge, plus penalty, unless
the Borough Council of the Borough of Prospect Park shall specifically
direct otherwise. The stoppage of services shall be in addition to
the right of the Borough to proceed for the collection of such unpaid
charges by an action in assumpsit or, at the election of the Borough,
in any other manner provided by law. The owner shall further be responsible
for all collection fees and costs incurred by the Borough, including
attorney's fees in the amount of $150 per hour.
C.
Any single adult resident whose total income from all sources is
less than $5,300 per annum or any adult husband and wife living together
whose total income from all sources is less than $9,600 per annum
shall be exempt from the payment of the aforesaid fee imposed for
the collection and disposal of ashes, garbage, rubbish and refuse
within the Borough of Prospect Park. The Council shall, by resolution
from time to time, adopt such regulations for the processing of claims
for exemption as it shall deem appropriate.
D.
Should
any account become delinquent, the Borough Council authorizes its
solicitor or the solicitor's designee to notify the delinquent party/property
owner of said delinquency. If the delinquency is not cured within
10 days of said notice, the solicitor is thereafter authorized to
lien the property in accordance with the Municipal Claim and Tax Lien
Law of 1923.[1] Included in the lien shall be any costs incurred by the
Borough in placing the lien against the property, including reasonable
attorney fees. This shall not be the exclusive remedy for the collection
of said delinquent accounts.
[1]
Editor’s Note: See 53 P.S. § 7101 et seq.
[Amended 2-11-1975 by Ord. No. 931, approved 2-11-1975]
In addition to any other penalties provided
hereinbefore, any person who shall violate any provisions of this
article, including the failure to pay the required fees for the collection
and disposal of ashes, garbage, rubbish and refuse placed for collection
within the required period of time as set forth hereinbefore, and/or
any provisions of any rule or regulation adopted by the Highway Committee
of the Borough of Prospect Park pursuant to the authority granted
to it by this article shall, upon conviction before any District Justice,
be punished by a fine of not more than $300 or, in default thereof,
by imprisonment for not more than 30 days. Each day's failure to comply
with the provisions of this article as aforesaid or with a direction
or order of said Director shall constitute a separate violation.
