Borough of Danville, PA
Montour County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Danville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Property maintenance — See Ch. 180.

Streets, sidewalks and driveways — See Ch. 216

Junked vehicles — See Ch. 243.

ARTICLE I
Recycling (§ 207-1 — § 207-26) 

ARTICLE II
Garbage and Rubbish Collection (§ 207-27 — § 207-42) 

[Adopted 10-11-1994 by Ord. No. 372 (Ch. 106 of the 1975 Code)]

§ 207-1
Short title. 

§ 207-2
Public policy. 

§ 207-3
Definitions. 

§ 207-4
General. 

§ 207-5
Establishment of the program. 

§ 207-6
Establishment of municipal recycling program for residential dwellings. 

§ 207-7
Separation of recyclables and placement for disposal by inhabitants of residential dwellings. 

§ 207-8
Separation of recyclables by commercial, municipal and institutional establishments and at community activities. 

§ 207-9
Separation of recyclables by multifamily housing properties and placement for disposal. 

§ 207-10
Licensing of recycling collector. 

§ 207-11
Violations by recycling collectors; penalties. 

§ 207-12
Lead acid batteries. 

§ 207-13
Prohibition in burning recyclables, including leaf waste. 

§ 207-14
Vesting of ownership and unauthorized collection. 

§ 207-15
Nonparticipation. 

§ 207-16
Fines for nonparticipation or nonpayment. 

§ 207-17
Pilfering of collection containers. 

§ 207-18
Applicability. 

§ 207-19
Delivery of recyclable materials to landfills or incinerators. 

§ 207-20
Right to contract for services. 

§ 207-21
Enforcement and administration. 

§ 207-22
Fees for curbside recycling. 

§ 207-23
Penalty for overdue payment of annual recycling fee. 

§ 207-24
Fees for recycling dropoff. 

§ 207-25
Penalty for overdue payment of recycling dropoff fee. 

§ 207-26
Municipal liens. 

This article shall be known as the "Recycling Ordinance."

The Danville Borough Council, recognizing that the reclamation of recyclable materials has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources and a reduction in energy consumption, does hereby authorize the storage, collection and transportation of recyclable material in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act (No. 101 of 1988

Editor's Note: See 53 P.S. § 4000.101 et seq.
) and this article. This article is intended to be an integral part of an overall system designed to facilitate recycling and foster the cooperation of the residents.

As used in this article, the following terms shall have the meanings indicated:

BIMETAL CONTAINERS
Empty beverage cans consisting of aluminum and steel.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes, excluding those multiple dwelling residential buildings containing four or more dwelling units.
COMMUNITY ACTIVITIES
Church, school, civic service group, municipal functions and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable materials placed at the curbline or other area designated by the collector.
DROPOFF SITES
Those specified locations where recyclable materials may be taken at specified times.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 

 — A structure containing three or more dwelling units, including but not limited to garden apartments, condominiums and townhouses.

B. 

 — A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.

C. 

 — A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
Bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper, and computer paper that is used in commercial, institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Include but are not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of Danville and other governmental and quasi-governmental authorities.
MUNICIPALITY
The Borough of Danville, Montour County, Pennsylvania.
MUNICIPAL RECYCLING PROGRAM
A source separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated dropoff points or collection centers for recycling municipal waste or source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities. Also included is any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
OCCUPANT
Any person (including domestic service employees) living and/or sleeping in a dwelling unit.
PERSON(S)
Any individual, partnership, company, association, society, trust, corporation or other group or entity, whether an owner or lessee of residences, commercial or institutional establishments.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste and other materials which would otherwise be disposed of 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 a fuel for the operation of energy.
RECYCLING COLLECTOR
A person authorized to collect source-separated recyclable materials from commercial, institutional and municipal establishments and multifamily housing properties in the Borough of Danville.
RECYCLING MATERIALS
Any used material having an economic value in the secondary materials market. This term includes: aluminum and bimetal beverage cans, clear glass, green glass, brown glass, high-grade office paper and corrugated paper.
RESIDENTIAL DWELLINGS
Any occupied single- or multifamily dwelling having up to and including three dwelling units per structure.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Borough Council for beneficial use.

Those recyclable materials separated under the provisions of this article shall not be considered municipal waste and shall not be subject to provisions of those ordinances which require disposal of municipal waste at designated facilities. This exemption applies to recyclable materials collected by the Borough of Danville or its agents and delivered to an intermediate processing facility for purposes of materials recovery. Likewise, the collector of recycling materials shall be exempt from all provisions of those ordinances which require disposal of municipal waste by licensed haulers. Recyclables separated, stored, collected or delivered in any manner other than the approved methods listed in this article, which shall be adopted by the Borough of Danville from time to time, shall be considered municipal waste and be subject to the provisions of the appropriate ordinance.

The Borough of Danville hereby establishes a mandatory program for the separation of recyclable material from municipal waste by all persons within the Borough of Danville. After curbside service has been instituted within the Borough of Danville, the recycling program will be mandatory. Occupants shall be responsible for the separation of recyclable materials from solid waste and their preparation and placement at curbside. Recyclable materials may also be delivered to any established dropoff site.

A. 

There is hereby established a municipal recycling program for the mandatory separation of recyclable materials from solid waste by persons residing in single-family dwellings or multifamily dwellings having up to and including three dwelling units per structure.

B. 

The Borough of Danville shall be responsible for scheduling a day, at least once a month, for collection of recyclable material. The Borough Council shall establish and modify this schedule, and the responsibility for communicating it to the residents of the Borough and to make regulations pursuant to this article shall be with the Recycling Coordinator.

A. 

Recyclable materials from residential dwellings shall be placed at the curb or other designated place separate from municipal waste for collection or taken to dropoff sites at such times, dates and places and in such manner as may be established by regulation of this article. Separated recyclables shall not be placed in the same containers or otherwise mixed with other forms of nonrecyclable municipal waste for collection, removal or disposal. Failure to separate recyclables from nonrecyclables shall be a violation of these regulations and the ordinance adopted to enforce these regulations.

B. 

Materials to be recycled are: clear glass, brown glass, green glass, aluminum and bimetal beverage cans.

C. 

Persons shall be required to store recyclables until they recycle them or until the Borough or its agents collects them. Nothing in these regulations shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar locations for collection by the Borough or its agent(s).

D. 

The recyclable materials shall be placed in containers which will be provided by the Borough, and said containers shall be and remain the property of the Borough and remain with the residence, regardless of owner and tenant. Any misuse or destruction of said containers shall subject the person responsible to penalty as hereinafter set forth.

E. 

Should the containers become lost or unusable, they must be replaced by notifying the Recycling Coordinator. The Borough is authorized to charge a replacement fee in accordance with rules and regulations of the Borough of Danville.

A. 

Commercial, municipal and institutional establishments shall separate and store, until collection, high-grade office paper, corrugated paper, aluminum and bimetal beverage cans, leaf waste, clear glass, green glass and brown glass. These establishments must arrange for the transfer of the materials at least once a month to a recycling system by a collector licensed for the purpose of collecting source-separated recyclable materials by the Borough of Danville.

B. 

The owner of each commercial, municipal and institutional establishment shall provide a quarterly report to the Borough of Danville as evidence of each such arrangement. The report shall document the type and total weight of material recycled at the establishment. Weight slips/invoices must also be submitted with the quarterly report documenting the total weight of the material recycled.

C. 

At community activities attended by at least 200 people a day, the following materials shall be separated and stored, until collection: high-grade office paper, corrugated paper, leaf waste, aluminum and bimetal beverage cans, clear glass, brown glass and green glass. Sponsors of community activities shall provide a report to Danville Borough 30 days after the event is held. The report shall document the type and weight of material recycled at the event. Weight slips/invoices must also be submitted with the report documenting the total weight of the material recycled.

D. 

Commercial, municipal and institutional establishments and coordinators of community activities who comply with this act shall not be liable for the noncompliance of their tenants where a portion of the building is leased to tenant(s) and/or for the noncompliance by the general public where there is public access to the building or grounds or in other public areas.

A. 

The owner, landlord or agent of an owner or landlord of a multifamily housing property of four or more units shall make recycling collection available at the housing units. Danville Borough will make curbside collection of recyclables available at multifamily housing properties of four or more units upon the owner's notification to the Borough Recycling Officer. The owner, landlord or agent of an owner or landlord of the multifamily housing property of four or more units shall notify Danville Borough of the intent to participate in the curbside recycling program. If the owner, landlord or agent of an owner or landlord of a multifamily housing property of four or more units does not participate in the Danville Borough curbside program, they will be responsible for establishing a collection system of recyclables at the property. The owner, landlord or agent of an owner or landlord of a multifamily housing property of four or more units shall be responsible for scheduling a day, at least once a month, for the collection of recyclable materials.

B. 

Materials to be separated are: aluminum and bimetal beverage cans, clear glass, green glass and brown glass. Owners, landlords or agents of an owner or landlord of a multifamily housing property of four or more units shall notify Danville Borough if they require recycling containers. Danville Borough shall make the six-gallon recycling containers purchased by the Borough available to the multifamily housing owner. If the owner does not participate in the curbside program and does not want the recycling containers purchased by the Borough, the owner shall then provide suitable containers to the tenants of the multifamily housing property of four or more units. The owner shall provide a recycling collection system at the property which must include suitable containers and written instructions to the occupants concerning the use and availability of the collection system. These landlords or owners must arrange for the collection of the recyclable material by a recycling collector licensed in the Borough of Danville.

C. 

The owner, landlord or agent of an owner or landlord of a multifamily housing property of four or more units who does not participate in the Danville Borough curbside program shall submit a quarterly recycling report to the Borough as evidence that they are complying with the recycling ordinance. The report shall document the type and weight of material recycled at the multifamily housing property. Weight slips/invoices must also be submitted with the quarterly recycling report documenting the total weight of the material recycled.

A. 

Recycling collectors who provide a recycling collection program for multifamily properties of four or more units, commercial, institutional and municipal establishments shall be licensed with the Borough of Danville. Recycling collectors shall complete the Borough of Danville recycling collection license application and remit the license fee of $25 to Danville Borough by February 1 of each year. Every recycling collector shall furnish to Danville Borough a quarterly recycling report indicating the total weight of the recyclables collected, the type of recyclables collected and a list of customers whose sum total equals the tonnage claimed on the quarterly recycling report.

B. 

The quarterly recycling reports are due to Danville Borough on the following dates:

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Due Date Submit by
January 1 to March 31 April 15
April 1 to June 30 July 15
July 1 to September 30 October 15
October 1 to December 31 January 15
C. 

Nonprofit organizations who provide recycling collection for multifamily properties of four or more units, commercial, institutional and municipal establishments are exempt from the license fee established pursuant to Subsection A, but shall report to Danville Borough as to the owner and location of the property that they are providing collection for.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any recycling collector (except nonprofit organizations) who collects recyclables in Danville Borough and does not obtain a license to do so from Danville Borough, or any recycling collector who fails to submit the quarterly recycling reports to Danville Borough, shall, upon conviction thereof, be punishable by a fine of not more than $600 and costs of such proceedings or, upon default of payment of such fines 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.

No person may place a used lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retail or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency or to a collection or recycling facility authorized under the laws of the commonwealth.

[Amended 12-11-2001 by Ord. No. 434]
A. 

Residents and businesses in Danville Borough cannot burn any recyclables that are collected at curbside recycling or at the recycling dropoff, including leaf waste.

B. 

Leaves are not to be incorporated in to the regular waste stream. Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscape purposes.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

From the time of placement at the curb or designated dropoff sites of the recyclable materials as designated by the Borough to be recycled pursuant to the provisions of this article and the regulations issued hereunder, such material shall become and be the property of the Borough of Danville. It shall be a violation of the terms of this article for any person other than the licensed recycling collector to collect, pick up or cause to be collected or picked up any such materials. If any person, firm, corporation or other entity removes or causes to be collected or removed any recyclable materials as specified by the Borough of Danville in § 207-7 of this article in violation of the provisions of this article, such person, firm, corporation or other entity shall, upon conviction by a Magisterial District Judge in a summary proceeding, be subject to a fine of not more than $600, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day of violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a Magisterial District Judge, and subject to the penalty imposed by this section for each and every day such violation shall continue.

Upon the discovery of any violation under the terms of this article, the municipality shall, through its authorized agent(s), give notice to the owner or occupant (or either of them as the case may be) of a violation hereunder, either by personal delivery to such owner or occupant, by United States mail directed to the last known address of such person or persons, as shown in the real estate registry records of the municipality, or by leaving the same on the premises where such violation occurs. Nothing contained in this section shall affect, in any way, the provisions of this article regarding separate offenses for every day any violation occurs.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, a multifamily housing program or a commercial, municipal, institutional or community activity program to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Borough, or pay the penalty or penalties specified in § 207-14, that person shall, upon conviction of such default, neglect or refusal, pay a fine of not more than $600, together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

If any person is responsible for pilfering of collection containers issued to a residence slated for either curbside collection or any other phase of the recycling collection program, such person shall, upon conviction by a Magisterial District Judge in a summary proceeding, be subject to a fine of not more than $600, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a Magisterial District Judge, and subject to the penalty imposed by this section for each and every day such violation shall continue. The affected resident will be responsible for replacing any missing container through purchase from the Danville Borough.

This article shall be subject to all applicable federal, state and local laws and ordinances as well as rules and regulations as set forth by the Department of Environmental Protection, Commonwealth of Pennsylvania.

All recyclable materials must be delivered by the licensed collector to sites for recycling. It shall be a violation of this article for the licensed collector of recyclable materials to deliver such materials to a landfill or incinerator for the purpose of disposal unless the markets for such materials no longer exist.

Nothing herein is intended nor shall prohibit the Borough of Danville (which has the responsibility for municipal waste planning, recycling and waste reduction under the Act of July, 1988, No. 101

Editor's Note: See 53 P.S. § 4000.101 et seq.
) from entering into agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from residential dwellings at curbside, dropoff collection points or other designated locations in accordance with this article, which shall be adopted by the Borough of Danville from time to time.

The Borough of Danville shall appoint an enforcement officer or officers to enforce and administer the provisions of this article.

An annual recycling fee is hereby levied upon each property located in Danville Borough. The amount of such fee shall be established by Danville Borough Council and will be subject to change from time to time. The annual recycling fee shall not be required of residential multifamily housing properties of four or more units located in Danville Borough which elect to provide recycling services independent of the Borough curbside program.

Any residential housing property in the Borough of Danville which fails to make payment of the annual recycling fee to the Borough within 90 days after the date of the recycling notice shall be charged with a penalty of 10%, which penalty shall be added to the recycling fee and collected by the Borough Recycling Officer. Danville Borough Council may make further rules and regulations and provisions relating to the recycling fee, provided that such rules and regulations do not violate any provisions of this article.

A per-usage recycling fee is hereby levied upon each owner, landlord or agent of an owner or landlord of commercial, municipal or institutional properties who use the recycling dropoff provided by Danville Borough. The amount of such fee shall be established by the Danville Borough Council and will be subject to change from time to time. The Danville Borough Council may make further rules and regulations and provisions relating to the recycling fee, provided that such rules and regulations do not violate any provisions of this article.

All owners, landlords or agents of owner or landlords of commercial, municipal or institutional properties in the Borough of Danville who fail to make payment of the recycling dropoff fee to the Borough within 90 days after the date of the recycling notice shall be charged with a penalty of 10%, which penalty shall be added to the recycling fee and collected by the Borough Recycling Officer.

The fees for curbside recycling imposed pursuant to § 106-23 of this article shall act as a municipal lien upon real property. Such lien shall be enforceable pursuant to the various laws of the Commonwealth of Pennsylvania pertaining to municipal liens.

[Adopted 4-8-2002 by Ord. No. 442]

§ 207-27
Definitions. 

§ 207-28
Owners and proprietors required to provide and maintain containers. 

§ 207-29
Required number of containers. 

§ 207-30
Standards for containers. 

§ 207-31
Use and maintenance of containers. 

§ 207-32
Accumulations or deposits in public places or bodies of water prohibited. 

§ 207-33
Weekly collection required. 

§ 207-34
Hours of collection. 

§ 207-35
Disinfection of cans. 

§ 207-36
Vehicle requirements. 

§ 207-37
Accessibility of containers. 

§ 207-38
Method of disposal; approval required. 

§ 207-39
Use of dump requirements. 

§ 207-40
Separation of recyclables. 

§ 207-41
Enforcement. 

§ 207-42
Violations and penalties. 

As used in this article, the following terms shall have the meanings indicated:

GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The definition of "municipal solid waste," which previously followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
OCCUPANT
Any individual living or sleeping in a building, or having possession of a space within a building.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
RECYCLABLES/RECYCLABLE MATERIAL
Those materials specified by the Borough of Danville for separation, collection, processing, recovery or reuse as part of recycling program.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The owners of dwellings, apartments, tenements and other houses and the proprietors of stores, stands, markets, boardinghouses, hotels and restaurants and other places where garbage is produced shall provide and maintain containers as required hereinafter for all garbage accumulated on the premises thereof.

A sufficient number of containers shall be provided by the owners of dwellings, apartments, tenements and other houses and the proprietors of stores, stands, markets, boardinghouses, hotels, and restaurants and other places where garbage is produced so that the aggregate capacity shall be sufficient for normal needs between the intervals of collection given hereinafter.

Containers shall be made of nonabsorbent material, be watertight and flytight, and be provided with handles and closely fitting covers made of nonabsorbent material. The containers shall be kept in repair so as to be watertight at all times.

Containers shall be used only for garbage as defined hereinbefore. No more water shall be allowed or permitted in garbage than naturally accumulates from table refuse. These containers shall be kept covered and after they are emptied shall be cleaned by the occupants or proprietors aforesaid.

No garbage shall be allowed to accumulate on the ground, be deposited on the highways, vacant lots or commons nor be thrown into any streams or other body of water.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The owners of dwellings, apartments, tenements and other houses and the proprietors of stores, stands, markets, boardinghouses, hotels and restaurants and other places where garbage is produced shall have said garbage collected at least once each week from the premises and more often as may be required by the Board of Health.

Garbage shall be collected from premises between the hours of sunrise and sunset.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All garbage containers shall be disinfected by the occupants of dwellings, apartments, tenements and other houses and the proprietors of stores, stands, markets, boardinghouses, hotels and restaurants and other places where garbage is produced, at least once each week during the months of May, June, July, August and September, and at least once a month during the balance of the year.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The carts or vehicles used by the collectors of garbage for transportation from the premises to the place of disposal shall be of substantial construction and provided with covers which shall be closed at all times except when garbage is being placed in the cart or vehicle. They shall not be overfilled so as to endanger fouling the highway and shall be cleansed at sufficiently frequent intervals to prevent any nuisance from odors.

Collectors may not at any time require occupants or proprietors within the Borough of Danville to place their containers of garbage on the street curbs. The only requirement shall be that the containers are kept in a place, which is readily accessible to the collectors. Garbage may not be placed at the curb collection any sooner than 12 hours prior to collection and containers shall be removed from the curb no latter than 12 hours following collection.

The method used for the disposal of garbage shall be approved by the Borough Code Officer. It shall be conducted and maintained so as not to create a public nuisance, permit fly breeding or be in any way a menace to public health.

All collectors and/or haulers of municipal solid waste who handle such waste which has as its place of origin Danville Borough shall deliver such waste only to Lycoming County's municipal solid waste facility or facilities.

Recyclables shall be kept separate from and disposed of separately from municipal waste, to the extent required by the other ordinances of the Borough of Danville pertaining to recycling.

It shall be the duty of the Borough Code Officer to enforce the terms of this article and secure compliance with the requirements thereof.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person who shall violate any provisions of this article shall, upon conviction thereof, be punished by a fine of not more than $300 for the first offense, and a fine of not more than $600 for the second and subsequent offenses, and costs of such proceedings or, upon default of payment of such fines 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.