[Adopted 7-11-1972 as Ord. No. 898, approved 7-11-1972[1]]
[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:
ASHES
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.
GARBAGE
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.
PERSON
Any individual, organization, group, association, partnership, corporation or society or any combination of them.
REFUSE
Ashes, garbage and rubbish as herein defined.
RUBBISH
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.
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.
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:
New Year's Day
Washington's Birthday
Easter
Memorial Day
July 4
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
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:
(1) 
For single-family dwellings: the sum of $180 per year per family.
(2) 
For each unit of every apartment dwelling or multifamily dwelling collected by the Borough: $180 per year.
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.