[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-2-1990 by Ord. No. 271 (Part
5, Ch. 6, Art. A, of the 1987 Code)]
The reduction of the amount of municipal waste
and conservation of recyclable materials is an important public concern
by reason of the growing problem of municipal waste disposal and its
impact on the environment. The collection of newspapers, bimetallic
cans, clear glass, plastic and yard waste for recycling from residences
and high-grade office paper, aluminum, corrugated paper and leaf waste
from commercial and institutional establishments in the Borough of
Trappe will serve the general public interest by reducing the volume
of municipal waste which must be disposed, thereby reducing storage,
collection, transportation and disposal costs of said waste and preserving
valuable natural resources; and may result in a financial benefit
to the residents and taxpayers of the Borough of Trappe by reason
of the income realized from the sale of these recyclable materials
and reduced cost of disposal.
This article shall be known and may be cited
as the "Trappe Borough Waste Reduction and Recycling Ordinance."
Unless the context clearly indicates otherwise,
the following words and phrases used throughout this article shall
have the following meanings:
All-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics, and organized sporting events attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
All products made from silica or sand, soda ash and limestone;
the product may be transparent, translucent or colored, and may be
used as a container for packaging or bottling of various matter, and
all other material commonly known as glass. Excluded are ceramics,
automotive glass, plate glass, or heat-tempered glass.
All white paper, bond paper, and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers, universities, and nursing
homes.
Leaves, garden residues, shrubbery, and tree trimmings and
similar material, but not including grass clippings.
Any property having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental or quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material including liquid, semisolid or contained gaseous
material, resulting from the operation of residential, commercial,
or institutional establishments and from community activities. The
term does not include source-separated recyclable materials.
Borough of Trappe.
Paper of the type commonly referred to as newsprint and distributed
at stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters
of public interest, but not including magazines.
Any individual, partnership, corporation, association, institution,
corporate enterprise, municipality, municipal authority, federal government
or agency, state institution or agency (including but not limited
to the Department of General Services and the Pennsylvania Public
School Building Authority), or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, imprisonment, or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
Materials generated by business or consumers which can be
separated from municipal waste and returned to commerce to be reused
as a resource in the development of useful products. Recyclables include
the following: clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated paper, leaf waste
and plastics. Recyclable material must be free from contamination
that would affect its reuse.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, tree branches, plastics and other
materials which would otherwise be disposed or processed as municipal
waste or the mechanized separation and treatment of municipal waste
(other than through combustion) and creation and recovery of reusable
materials other than fuel for the operation of energy.
Any single-family attached or detached dwelling or multiple
dwellings having not more than three units from which the Borough
collects municipal waste.
Those materials separated at the point of origin for the
purpose of being recycled.
Empty steel or tin-coated steel food or beverage containers.
The Borough hereby establishes a recycling program
for the mandatory separation and collection of newspapers, high-grade
office paper, corrugated paper, aluminum, bimetallic cans, clear glass,
plastic, leaf waste and yard waste from all residences, businesses
or institutions in the Borough for which waste collection is provided
by the Borough or any other collector. Collection of the materials
to be recycled shall be made periodically by the Borough, their designated
agent, or any other municipal waste collectors operating in the Borough.
Guidelines establishing the manner, days and
time of collection of recyclable materials, and the bundling, handling,
location and time of placement of such materials for collection shall
be established by resolution duly adopted by the Borough Council of
the Borough of Trappe.
A.
All persons who are residents of the Borough of Trappe
shall separate all municipal waste to be recycled from all other municipal
waste produced at their homes, apartments, and other residential establishments
as designated by resolution adopted by the Borough Council of the
Borough of Trappe, and to store such material for collection, and
shall place same for collection in accordance with the guidelines
established in the resolution.
(1)
If required to recycle by resolution adopted by the
Borough Council of the Borough of Trappe, an owner, landlord, or agent
of an owner or landlord of a multifamily rental housing property with
four or more units may comply with its recycling responsibilities
by establishing a collection system at each property. The collection
system must include suitable containers for collecting and sorting
materials, easily accessible locations for the containers, and written
instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords, and agents of owners
or landlords who comply with this section shall not be liable for
noncompliance of occupants of their buildings.
B.
All persons must separate leaf waste from other municipal
waste generated at their houses, apartments, and other residential
establishments for collection unless those persons have otherwise
provided for composting of leaf waste.
C.
Persons must separate high-grade office paper, aluminum,
corrugated paper and leaf waste (and other material deemed appropriate
by the municipality and established by resolution) generated at commercial,
municipal or institutional establishments and from community activities
if required to recycle by resolution adopted by the Borough Council
of the Borough of Trappe and to store such material until collection.
A person may be exempted from this subsection if the person submits
documentation to the Borough annually, indicating that the designated
recyclable materials are being recycled in an appropriate manner.
Any and all municipal waste which is placed
to be recycled in accordance with this article shall be considered
to be abandoned by the resident or owner, and such resident or owner
shall be considered to have given up any right, title or interest
therein.
It shall be a violation of this article for any person, firm or corporation, other than the Borough or one authorized by the Borough Council, to collect newspapers, bimetallic cans, clear glass, plastic, and yard waste placed by a resident for collection by the Borough, unless such person, firm or corporation has prior written permission to make such collection as set forth in § 280-9. Each unauthorized collection in violation hereof, from one or more residences on one calendar day, shall constitute a separate and distinct offense punishable as hereinafter provided.
Any resident may donate or sell newspapers,
bimetallic cans, clear glass, plastic, and yard waste to any person,
form or corporation, whether operating for profit or not, provided
that the receiving person, form or corporation shall not collect such
donated recyclable materials from the collection point of a residence
without prior written permission from the Borough Council, or its
authorized representative, to make such collection.
A.
Any person, firm or corporation who shall violate
the provisions of the preceding sections shall receive an official
warning of noncompliance for the first and second offense. Thereafter,
all such violations shall be subject to the penalties hereinafter
provided.
B.
Except as hereinafter provided, any person, firm or
corporation who shall violate any of the provisions of this article
shall, upon conviction, be sentenced to pay a fine of not less than
$25 nor more than $300 and costs of prosecution for each and every
offense.
C.
The Borough of Trappe reserves the right not to collect
municipal waste containing recyclable materials in combination with
nonrecyclable materials.
[Adopted 10-5-1993 by Ord. No. 293 (Part
12, Ch. 3, Art. B, of the 1987 Code)]
A.
The owner, occupant or tenant of every property fronting
upon or along the side of any street in the Borough shall not place
or cause to be placed any garbage, leaves, lawn trimmings, weeds,
or any similar matter or combination of them, from the roadway, including
the portion of the driveway where the sidewalk crosses the driveway
for a minimum width of 24 inches, unless the garbage, leaves, lawn
trimmings, weeds, or similar matter or combination of them is placed
for removal by a licensed waste maintenance person, in which event
the owner, occupant, or tenant shall place such object on the driveway
area no more than 24 hours prior to the time it will be removed.
B.
The owner of a property shall be responsible for complying with the provisions of Subsection A of this section where the property is occupied by the owner or is unoccupied or vacant, or is a multi-business or multidwelling property occupied by more than one tenant or occupants; the tenant or occupier shall be responsible where the property comprises a single unit, occupied by the tenant or occupant only, or where the ground floor or first floor is a mercantile establishment, in which case the ground floor or first-floor tenant shall be responsible.
Any owner, occupant or tenant who fails to properly dispose of any material described in § 280-11 or who violates or fails to conform within any other provisions of § 280-11, shall be guilty of an offense, and, upon conviction, shall be sentenced to pay a fine of not more than $50, and costs of prosecution, and, in default of payment of the fine and costs, may be sentenced to imprisonment for not more than 10 days; provided, the fine and costs may be in addition to any costs and expenses collectible under § 280-11. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
