City of DuBois, PA
Clearfield County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of DuBois as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-1961 by Ord. No. 954 (Ch. 20, Part 1, of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
All organic waste, offal or residue of all animal, fish and vegetable matter from any premises or dwellings of any kind, including paper, worn-out or cast-off wearing materials and loose waste materials and dirt accumulated from the use of dwellings, stores or other inhabited places.
RUBBISH
Waste matter or material not of animals or vegetable origin, accumulating on the premises and which includes tin cans or other metal containers, glass bottles, jars or broken glass or crockery in any form; discarded metals or materials made from metals, discarded boxes, barrels and all waste matter or waste material not classified as garbage, excluding ashes.
[Amended 11-12-1990 by Ord. No. 1480]
No person, persons, firm or corporation shall collect garbage or rubbish within the City limits of the City of DuBois hereafter unless collected or taken under the provisions of a contract entered into for such purposes with the City of DuBois.
[Amended 8-11-1975 by Ord. No. 1222; 11-12-1990 by Ord. No. 1480]
All persons, firms and/or corporations located in the City of DuBois must use the services of Browning-Ferris Industries of Pennsylvania, Inc., or any successor firm or corporation with whom the City of DuBois contracts for pickup, hauling and transporting of garbage, rubbish, trash, etc., within the City of DuBois.
[Amended 8-11-1975 by Ord. No. 1222; 11-12-1990 by Ord. No. 1480]
It shall be the duty of all persons, firms and corporations within the limits of the City of DuBois, occupying any inhabited place where garbage and rubbish may accumulate, to provide standard watertight garbage cans with tight lids thereon – no such can to exceed maximum capacity of 20 liquid gallons, and to deposit therein all garbage and rubbish, keeping such cans in a clean, sanitary condition; the lids thereof to be only removed when depositing garbage and rubbish therein or taking same thereout. The said garbage and rubbish shall be collected once every week during the entire year, and upon the day designated for its collection, the person, firm or corporation owning such garbage cans or plastic bags, if a residential user, shall place the same at the curb. All garbage shall be wrapped in paper or similar material when placed in said garbage cans or plastic bags; excepting, however, that the same shall not be required of any customer where there is a daily collection from such customer. In place of the said cans, residential users only may use plastic bags. Residential customers are limited to four twenty-gallon cans or six plastic bags.
[Amended 12-26-1967 by Ord. No. 1053; 12-20-1973 by Ord. No. 1190; 8-11-1975 by Ord. No. 1222; 11-12-1990 by Ord. No. 1480]
All persons, firms or corporations shall pay for the collection of said garbage and rubbish to Browning-Ferris Industries of Pennsylvania, Inc., or to any successor firm or corporation with whom the City of DuBois contracts for the pickup, hauling and transporting of such garbage such rates as are established from time to time under the terms of a contract entered into between said Browning-Ferris Industries of Pennsylvania, Inc., or any successor or subsequent company and the City of DuBois, and any amendments thereto.
[Amended 8-11-1975 by Ord. No. 1222; 11-12-1990 by Ord. No. 1480]
A. 
Individuals comprising a single-family unit who are of the age of 65 years or over may, upon application made with Browning-Ferris Industries of Pennsylvania, Inc., or any subsequent company with whom the City of DuBois contracts for pickup, hauling and transporting of garbage, rubbish, trash, etc., be granted services under this article at a special rate as provided in said contract between the City of DuBois and Browning-Ferris Industries of Pennsylvania, Inc., or any successor company and amendments thereto, if said individuals do not receive any income from any kind of employment.
B. 
If all the individuals comprising a single-family unit, regardless of age, eat all their meals in a place other than the building wherein they reside, that family unit may, upon application made to Browning-Ferris Industries of Pennsylvania, Inc., or any subsequent or successor company with whom the City of DuBois contracts to provide such services as contemplated by this article, be granted services provided for under this article at a special rate, as provided in said contract and amendment thereto as entered into between the City of DuBois and the said Browning-Ferris Industries of Pennsylvania, Inc., or any subsequent company.
C. 
Any widow or widower who is the head of a family unit, regardless of age, who is not gainfully employed and whose only income would be social security or railroad retirement benefits or who is receiving assistance from the Pennsylvania Department of Human Services, upon application made to Browning-Ferris Industries of Pennsylvania, Inc., or its successor, may be granted services provided for under this article at a special rate as provided in the contract between the City of DuBois and Browning-Ferris Industries of Pennsylvania, Inc., or any subsequent company with whom the City of DuBois contracts for the provision of such services and amendments thereto.
D. 
Any individuals comprising a single-family unit, regardless of age, who own and are operating an incinerator on their premises, may, upon application made to Browning-Ferris Industries of Pennsylvania, Inc., or any successor company with whom the City of DuBois contracts, be granted services provided for under this article at a special rate as provided in said contract between the City of DuBois and Browning-Ferris Industries of Pennsylvania, Inc., or any subsequent contract with any successor or substituted company and the City of DuBois and amendments thereto.
[Amended 12-26-1967 by Ord. No. 1053; 12-16-1973 by Ord. No. 1190; 8-11-1975 by Ord. No. 1222; 11-12-1990 by Ord. No. 1480]
An assessment is hereby made and imposed upon all hotels, restaurants and other business institutions, the occupants of which shall pay at such rates as shall be fixed from time to time by the City of DuBois and Browning-Ferris Industries of Pennsylvania, Inc., by the contract entered into between the parties and amendments thereto or by subsequent contracts entered into by the City of DuBois with any successor company with whom it contracts, together with any amendments thereto.
[Amended 11-12-1990 by Ord. No. 1480; 7-24-1995 by Ord. No. 1544]
Any accumulations of garbage, rubbish or waste material deemed to be injurious or hazardous to health or property, including, but not limited to, storage of same in "garbage chutes or receptacles" attached to or forming a part of any building, is hereby forbidden; and if the owner or occupant shall fail to remove the same after notice from the City to do so, he shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Amended 11-12-1990 by Ord. No. 1480]
Council shall have the power to make, from time to time, such rules and regulations as may be deemed necessary to carry out and enforce the provisions of this article.
[Amended 11-12-1990 by Ord. No. 1480]
All residents of the City of DuBois and all other persons, firms or corporations carrying on operations in the City of DuBois shall be bound by all of the terms and conditions of the contract entered into between the City of DuBois and Browning-Ferris Industries of Pennsylvania, Inc., or any subsequent contract entered into between the City of DuBois and any other company, for the purposes of the pickup, hauling and transporting of garbage, rubbish, trash, etc., within the City of DuBois.
[Adopted 6-24-1991 by Ord. No. 1487 (Ch. 20, Part 2, of the 1995 Code)]
The short title of this article shall be the "City of DuBois Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the meanings indicated herein:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETALLIC CANS
Empty food and beverage containers consisting of ferrous sides and bottom and an aluminum top.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
PERSONS
Owners, lessees and occupants of residences or commercial or institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large variety of types of plastics, the recycling regulations shall stipulate the specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
The materials specified by the municipality to be recycled. The list of materials shall be specified in the recycling regulations resulting from this article and may be revised from time to time as deemed necessary by the municipality.
RESIDENCE
Any occupied single or multifamily dwelling from which a municipal or private waste hauler collects solid waste.
SOLID WASTE
All refuse (garbage and rubbish) and other discarded solid material normally collected by a municipal or private hauler. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
STEEL CANS
Empty food or beverage containers made of steel or tin-coated steel.
YARD WASTE
Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the City of DuBois, hereinafter referred to as the "municipality," a program that mandates that recyclable materials shall be kept separate from solid waste by all persons within the municipality.
Recyclable materials shall be placed at the curb (or in areas designated by the municipality) separate from solid waste for collection at such times and dates as may be hereinafter established by regulation.
A. 
It shall be a violation of this article for any person(s) unauthorized by the municipality to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
B. 
(Editor's Note: The following are terms also used in this chapter.)
(1) 
Commercial establishments: Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
(2) 
Community activity: An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes, which may be attended by members of the public, whether or not an entrance or participation fee is charged therefor.
(3) 
Corrugated paper: That material consisting of two or more pieces of kraft liner separated by corrugated (fluted) liner board; excluded are materials without a corrugated interliner, and those materials with a corrugated liner made from rice or other non-wood-based materials.
(4) 
Curbside collection: The collection by the municipality or its authorized agent(s) of recyclable materials placed at the curbside or other designated location.
(5) 
Ferrous cans: Empty steel or tin food or beverage containers.
(6) 
Glass containers: Bottles and jars made of clear, green or brown glass; expressly excluded are noncontainer glass, plate glass, automotive glass, blue glass and porcelain and ceramic products.
(7) 
High-grade office paper: Any white paper other than newsprint, magazines, or other chemically coated paper or corrugated paper of the type commonly used for letter-writing stationery, note paper, plain paper photocopying machines, computer printers and other general-purpose paper, whether or not any printed or written matter is contained thereon; expressly excluded are papers with self carbons, carbon paper, envelopes and all other grades of papers not meeting specifications in the regulations.
(8) 
Institutional establishment: Those facilities that house or serve groups of people, e.g., hospitals, schools, nursing homes, churches, and social or fraternal societies and organizations.
(9) 
Leaf waste: Leaves, garden residues and similar material, but not including grass clippings.
(10) 
Magazines and periodicals: Printed matter containing miscellaneous written pieces published at fixed or varying intervals; expressly excluded, however, are all other paper products of any nature whatsoever.
(11) 
Multifamily housing property: A type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains five or more dwelling units.
(12) 
Municipal establishments: Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
(13) 
Municipality: The City of DuBois, Clearfield County, Pennsylvania.
The municipality is authorized and directed to enforce this article. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article. The municipality may change, modify, repeal or amend any portion of said rules and regulations at any time.
[Amended 7-24-1995 by Ord. No. 1544]
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article, or any regulation thereof, shall be punishable by a fine not to exceed $100 upon a first conviction and $300 upon a second or subsequent conviction. The above fines shall not be applicable to a conviction for § 368-15A of this article, which shall be punishable by a fine not to exceed $1,000, in default of payment of any fine and costs, said person, firm or the responsible officers of said corporation may be sentenced to a term of imprisonment not to exceed 30 days.
The municipality may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside or elsewhere as designated by the municipality.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days by the municipality. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.
A. 
Adoption and promulgation. Rules and regulations in regard to the City of DuBois Recycling Program are adopted and promulgated by reference in this section.
B. 
Recyclable materials.
(1) 
The materials specified by the City of DuBois to be recycled are as follows:
(a) 
Clear glass.
(b) 
Colored glass.
(c) 
Plastics. Plastics accepted for recycling will be polyethylene terephtalate (PET, PETE) and high-density polyethylene (HDPE). The most common types of containers are plastic milk, juice and water jugs; one-, two- and three-liter soft drink bottles; liquid bleach, dishwashing and automatic dishwasher, baby lotion and bubble bath bottles. Most acceptable plastic containers will have a "1" or a "2" inside a small triangle, stamped on the bottom, and possibly also have letters (PET, PETE or HDPE) stamped under the symbol.
(d) 
Aluminum cans.
(e) 
Bimetal cans.
(f) 
Clean, corrugated cardboard.
(g) 
Old newsprint.
(2) 
In addition, high-grade office paper shall be collected and recycled and shall be defined as any white paper other than newsprint, magazines, or other chemically coated paper or corrugated paper, of the type commonly used for letter-writing stationery, note paper, plain paper photocopying machines, computer printers, and other general-purpose paper, whether or not any printed or written matter is contained thereon. Expressly excluded are papers with self carbons, carbon paper, envelopes and all other grades of papers not meeting specifications in the regulations.
C. 
Placement for collection. The above-specified recyclable materials shall be separated from the customer's solid waste and shall be placed in the containers supplied by the City for this specific purpose; except for newsprint, which is to be bundled and placed separately next to the container.
D. 
Schedule of collection.
(1) 
The recyclable materials placed at the curb will be collected on the same scheduled day of the week as set aside for the solid waste collection for customers in each ward of the City; the collection of recyclable materials will occur on a weekly basis.
(2) 
As stated in other sections of this article, the rules and regulations of this section may be changed, modified, repealed or amended, whether in total or any portion thereof, by the City, at any time, as it sees fit.