[HISTORY: Adopted by the Borough Council
of the Borough of Danville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-11-1994 by Ord. No. 372 (Ch.
106 of the 1975 Code)]
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[1]) 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.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
As used in this article, the following terms
shall have the meanings indicated:
Empty beverage cans consisting of aluminum and steel.
Those properties used primarily for commercial or industrial
purposes, excluding those multiple dwelling residential buildings
containing four or more dwelling units.
Church, school, civic service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
Those specified locations where recyclable materials may
be taken at specified times.
MULTIFAMILY HOUSING FACILITYA structure containing three or more dwelling units, including but not limited to garden apartments, condominiums and townhouses.
ONE-FAMILY DWELLINGA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
TWO-FAMILY DWELLINGA 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.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.[2]
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper that is used in commercial,
institutional and municipal establishments.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
Include but are not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees.
Public facilities operated by the Borough of Danville and
other governmental and quasi-governmental authorities.
The Borough of Danville, Montour County, Pennsylvania.
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.
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.
Any person (including domestic service employees) living
and/or sleeping in a dwelling unit.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, whether an owner or lessee
of residences, commercial or institutional establishments.[3]
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.
A person authorized to collect source-separated recyclable
materials from commercial, institutional and municipal establishments
and multifamily housing properties in the Borough of Danville.
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.
Any occupied single- or multifamily dwelling having up to
and including three dwelling units per structure.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
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:[1]
|
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.[2]
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.
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.
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.
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[1]) 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.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
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.
[Amended 4-9-2013 by Ord.
No. 514]
The fees for curbside recycling imposed pursuant to § 207-22 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]
As used in this article, the following terms
shall have the meanings indicated:
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.[1]
[Added 11-8-2011 by Ord.
No. 507]
Any individual living or sleeping in a building, or having
possession of a space within a building.
[Added 11-8-2011 by Ord.
No. 507]
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.
[Added 11-8-2011 by Ord.
No. 507]
Those materials specified by the Borough of Danville for
separation, collection, processing, recovery or reuse as part of recycling
program.
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.
[Amended 11-8-2011 by Ord. No. 507]
[1]
Editor's Note: The definition of "municipal solid waste,"
which previously followed this definition, was repealed 11-8-2011
by Ord. No. 507.
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.
[Amended 5-10-2022 by Ord. No. 572]
No garbage, recyclables, municipal waste or
rubbish 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. The storage of all municipal waste shall be
practiced so as to prevent the attraction, breeding or harborage of
insects or rodents and to prevent conditions which may create potential
hazards to the public health or which may create fire and other safety
hazards, odors, unsightliness or public nuisance.
[Amended 11-8-2011 by Ord. No. 507]
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.
[1]
Editor’s Note: Former § 207-34, Hours of collection,
was repealed 11-10-2015 by Ord. No. 531.
[Amended 11-8-2011 by Ord. No. 507]
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.
[Amended 11-8-2011 by Ord. No. 507]
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.
[Added 4-10-2018 by Ord.
No. 551[1]]
A.
Purpose. The primary purpose of public streets is for use by vehicular
and pedestrian traffic. Reasonable regulation of obstruction in public
streets and sidewalks is necessary to protect the health, safety and
welfare of the general public.
B.
DUMPSTER
DUMPSTER HAULER
PORTABLE STORAGE DEVICE
TEMPORARY DUMPSTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A metal storage receptacle used to temporarily store debris
or garbage and which is then emptied of its contents or removed with
its contents to a dumpsite.
An individual or company responsible for the placement and
removal of the dumpster, temporary dumpster or portable storage device.
Any item placed in a street that is not a motor vehicle,
as defined by the Pennsylvania Vehicle Code,[2] or a temporary dumpster, including, but not limited to,
containers commonly known as "portable storage devices" or "PODS®."
Any dumpster used or intended as a disposal facility for
construction, renovation, or demolition projects, special events,
seasonal use, or other purposes not permanent in nature.
[2]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
C.
Permit required.
(1)
Prior to the issuance of any permit for any dumpster, temporary
dumpster, or portable storage device, its location and usage shall
be reviewed and approved by the Police Department and/or Borough.
(2)
A permit for a dumpster, temporary dumpster, or portable storage
device shall be for an initial term of not more than 45 days, provided
the applicant is in compliance with all provisions of this article
and all other applicable Danville Borough regulations. A renewal permit
may be approved and issued for an additional forty-five-day period
upon application and payment of the permit renewal fee. Not more than
one renewal permit shall be issued by the Borough of Danville for
any dumpster, temporary dumpster, or portable storage device placed
upon any Borough street.
(3)
Temporary dumpster or portable storage devices shall be removed
prior to the expiration of the permit.
D.
Requirements.
(1)
The following requirements shall apply to any dumpster, temporary
dumpster, or portable storage device placed upon public streets or
pedestrianways in the Borough:
(a)
No dumpster, temporary dumpster, or portable storage device
may be placed on any arterial or collector roads in the Borough; within
40 feet of an intersection; or within any prohibited or restricted
areas.
(b)
Sufficient reflective tape shall be placed upon all four sides
of the dumpster, temporary dumpster, or portable storage device in
such a manner as to make it visible at night.
(c)
Each of the dumpster, temporary dumpster, or portable storage
device rollers or wheels (if any) must be placed upon a wooden pad
of at least six inches by six inches and at least 3/4 of an inch in
thickness, or on a similarly protective device, in order to prevent
damage to the road surface.
(d)
No dumpster, temporary dumpster, or portable storage device
shall be placed nearer than 15 feet to any fire hydrant within the
cartway or other area intended for firefighting equipment.
(e)
The name, address and telephone number of the dumpster, temporary
dumpster, or portable storage device owner/operator shall be conspicuously
placed on at least two sides of the device.
(f)
No dumpster, temporary dumpster, or portable storage device
shall be placed within the cartway of any street extending a distance
of more than nine feet from the curbline or edge of cartway.
(g)
The location of any dumpster, temporary dumpster, or portable
storage device upon any public street shall not interfere with any
required clear sight distance across any intersection.
(h)
The location of any dumpster, temporary dumpster, or portable
storage device upon any public street shall not obstruct any pedestrianway
or the travel lane of any public street.
(i)
No dumpster, temporary dumpster, or portable storage device
shall be loaded in such a manner as to cause its contents to spill
onto any street, sidewalk, or other area intended for pedestrian travel.
(j)
No dumpster, temporary dumpster, or portable storage device
shall contain any hazardous waste unless pursuant to a permit for
such waste issued by the appropriate governmental entity.
(k)
No materials contained in a dumpster, temporary dumpster, or
portable storage device shall emit any noxious or offensive odor or
otherwise create any hazard or risk to public health.
(l)
No dumpster, temporary dumpster, or portable storage device
shall be placed in such a manner as to interfere with the operation
or maintenance of any public utility.
(m)
If approved, a permit sticker will be issued and shall be conspicuously
placed in a location that permits it to be identified from a public
street.
(2)
If any damage to the cartway, curb or sidewalk is done by the
placement of or removal of any dumpster, temporary dumpster or portable
storage device on any street or road hereunder, the dumpster hauler
of any dumpster, temporary dumpster or portable storage device shall
be responsible and liable for the same. The Borough shall retain the
right to repair or replace the cartway, curb and/or sidewalk to its
original condition and collect the cost for the repair or replacement
from the dumpster hauler.
E.
Payment; failure to pay. Payment for all work done by the Borough
under the provisions hereof shall be made by the person made liable
therefor under the provisions hereof within 30 days after a bill therefor
is sent to such dumpster hauler by the Borough. Upon failure to pay
such charges within such time, the same shall be collectible by the
Borough in the manner provided by law for the collection of municipal
claims.
F.
Duration of permit; removal of unit; renewal fee. A permit will be
issued for a period of time not to exceed 45 calendar days. All dumpsters
or portable storage devices must be removed prior to the expiration
of the permit. Costs for the permits and renewals are $20 each.
[1]
Editor's Note: This ordinance also repealed Ord. No. 542,
Placement of dumpsters and portable storage devices on public streets,
adopted 5-9-2017.
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.
[Amended 11-8-2011 by Ord. No. 507]
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.
