Borough of Bellefonte, PA
Centre County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Refuse Collection Department — See Ch. 125.
Property maintenance — See Ch. 425.
Discontinuance of utility service — See Ch. 524, Art. I.
Zoning — See Ch. 575.
[Adopted 7-24-1989 by Ord. No. 1017 (Ch. 1049 of the 1979 Codified Ordinances)]
This article shall be known as the "Bellefonte Borough Recycling Ordinance," and the same may be cited in that manner.
The Borough, 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 materials in accordance with the Municipal Waste Planning, Recycling and Waste Reduction Act[1] (Act No. 101), the Centre County Solid Waste Management Plan, 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, unless the context clearly indicates otherwise, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty, all-aluminum beverage and food containers.
AUTHORITY
The County Recycling and Refuse Authority.[1]
BIMETAL CONTAINERS
Empty beverage or food containers consisting of steel and aluminum.
COLLECTOR
For purposes of collecting and transporting recyclables, means the County Recycling and Refuse Authority or its authorized agent.
COMMERCIAL ESTABLISHMENT
Any premises, including, but not limited to, those engaged in retail trade or sale of goods. Expressly included are all restaurants and taverns, all industrial or manufacturing businesses, and all types of offices.
COMMUNITY ACTIVITIES
Refers to 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, staffed or unstaffed, where recyclable materials may be taken at specified times.
DWELLINGS
Shall be defined as follows:
A. 
A building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
B. 
A building containing one dwelling unit only.
C. 
A building containing two dwelling units only.
D. 
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this article, or such official's authorized representative.
GLASS CONTAINERS
Bottles and jars made of clear, green or amber glass. Expressly excluded are noncontainer glass, automobile glass, plate glass, blue glass, lead crystal, and porcelain and ceramic products.
HIGH-DENSITY POLYETHYLENE (HDPE) CONTAINERS
Plastic bottles and jars made exclusively from high-density polyethylene, such as milk and water jugs.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENT
A facility that houses or serves groups of people, such as a hospital, school, day-care center or nursing home.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES
Matter containing written pieces published at fixed or varying intervals, printed on slick or glossy paper which contains contaminants not found in newsprint.
MULTIFAMILY-HOUSING FACILITY
See "dwellings."
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the 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[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. "Municipal waste" does not include source-separated recyclable materials.
NEWSPAPERS
Paper of the type commonly referred to as newsprint, distributed at fixed intervals and having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are glossy advertising inserts, often included with newspapers, as well as newspapers which have been soiled.
OCCUPANT
Any person, including domestic service employees, living and/or sleeping in a dwelling unit.
PERSON
Any individual, partnership, municipal waste hauler, scrap dealer, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency thereof, state institution or agency thereof, 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, "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
POLYETHYLENE TEREPHTHALATE (PET) CONTAINERS
Plastic soda bottles or other containers composed of the polymer PET.
RECYCLABLE MATERIALS
Any used material having an economic value in the secondary materials market. This term includes, but is not limited to, the following materials: aluminum cans and articles, bimetal cans, glass containers, corrugated paper, magazines, computer printout paper, computer tab cards, high-grade office paper, steel cans, newspaper, paper products not chemically coated, plastic polyethylene terephthalate (PET) bottles, plastic high-density polyethylene (HDPE) containers and other materials designated by the County Recycling and Refuse Authority as having value.
STEEL CANS
Empty all-steel and tin-plated-steel food and beverage containers.
[1]
Editor's Note: References to the "Centre County Solid Waste Authority" were changed to the "Centre County Recycling and Refuse Authority" throughout this chapter at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
Recyclable materials provided for in this article shall not be considered municipal waste and shall not be subject to those ordinances which require disposal of municipal waste at designated facilities. This exemption applies to recyclable materials collected by the County Recycling and Refuse Authority or its agents and delivered to the Authority's Intermediate Processing Facility for purposes of materials recovery. Recyclables separated, stored, collected or delivered in any manner other than the approved methods listed in the Authority regulations authorized by § 482-8 shall be considered municipal waste and are subject to the appropriate ordinances.
A. 
The Borough hereby establishes a mandatory program for the separation of recyclable materials from municipal waste by all persons within the Borough. In doing so, the Borough officially becomes a participant in the County Recycling and Refuse Authority Recycling Program, for which the Authority is the implementing agency. Upon notification of Bellefonte's intent to participate in the county program, the Authority will evaluate the applicability of curbside collection of recyclables from residents in the Borough. If this service is deemed appropriate, the Authority will develop and identify routes as indicated in § 482-8 and will add each route to the curbside program individually. After curbside service has been instituted within the Borough, 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.
B. 
Dropoff facilities will be sited for use by those residents occupying one-family and two-family dwellings located within the Borough not serviced by a curbside route. After all curbside routes within the Borough have been established, the recycling program for those households not serviced by curbside collection will also be mandatory. Occupants of these dwelling units shall be responsible for the separation of recyclable materials from municipal waste and their preparation and delivery to dropoff sites established by the Authority.
C. 
Following implementation of the residential curbside collection and dropoff facility programs within the Borough, the program will be expanded to include multifamily housing facilities, as well as commercial, institutional and municipal establishments and community activities. It is understood that, as new recycling programs are developed in each of these areas, the recycling program instituted will be mandatory. Immediately following program initiation, all affected persons will be governed by this article.
No person shall place a used lead acid battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid battery, except by delivery to an automotive battery retailer 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.
All persons who reside in residential dwellings and all persons who are responsible for the administration of multifamily housing properties or commercial, municipal or institutional establishments who gather leaves shall separate all leaf waste from other waste and place it for collection at the times and in the manner theretofore or hereafter prescribed by the Borough. 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.
The County Recycling and Refuse Authority is hereby authorized and directed to establish and advertise regulations concerning:
A. 
Recyclables to be collected in each phase of the program;
B. 
The preparation of recyclable materials for collection in each program phase;
C. 
The method of collection of recyclables in each program phase;
D. 
Scheduled days and times of collection in each program phase; and
E. 
The identification of residences to be served by curbside collection.
A. 
Any recyclables located at the curbline, in dropoff sites or in storage bins associated with commercial, municipal, institutional or multifamily housing establishments are the property of the County Recycling and Refuse Authority.
B. 
No person shall collect or remove or cause to be collected or removed any such recyclable materials specified by the Authority as indicated in § 482-8, unless authorized by the Authority. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as set forth in § 482-15.
The Borough shall appoint an enforcement officer or officers to enforce and administer this article.
The Borough intends to enter into an agreement with the County Recycling and Refuse Authority to authorize the Authority to collect all or part of the recyclable materials from curbside, dropoff or other designated locations. Until the parties enter into such an agreement, this article shall not be in effect.
Any person may donate or sell recyclable materials to individuals or organizations unless or until such materials are placed at curbside, in dropoff facilities or storage bins, or in similar locations intended for collection by the County Recycling and Refuse Authority or its agent.
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 of the commonwealth.
[Added 12-16-1991 by Ord. No. 1058]
A. 
The recycling charge for services provided for in this article shall be established by resolution of Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The provisions of § 482-32, including the definitions and formulas contained therein, are hereby included in this section by reference.
A. 
Notice of violation; noncompliance.
(1) 
Upon the discovery of any violation under the terms of this article, the municipality shall, through its authorized agent or agents, give notice to the owner or occupant of the premises, or both, 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 as shown in the real estate registry records of the municipality or by leaving the same on the premises where such violation occurs.
(2) 
Upon the neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, a multifamily housing program or a commercial, municipal or institutional program to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the County Recycling and Refuse Authority, he or she shall, upon conviction of such default, neglect or refusal, pay a fine of not less than $25, together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense.
B. 
Unauthorized collection. Whoever, unauthorized by the Authority, collects, removes or causes to be collected or removed any such recyclable materials as specified in the Authority regulations provided for in § 482-8, in violation of this article, shall, upon conviction by a Magisterial District Judge in a summary proceeding, be subject to a fine of not less than $100 and not more than $300, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, and upon default of the payment of the fine or penalty imposed and the costs, such defendant may be imprisoned in the County Jail for a period of not more than 30 days. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Each violation shall be subject to a separate summary proceeding before a Magisterial District Judge and shall be subject to the penalty imposed by this subsection.
C. 
Pilfering of collection containers. If any person is responsible for the pilfering of collection containers issued to a residence slated for either curbside collection or any other phase of the County Authority Recycling Program, such person shall, upon conviction thereof, be fined not less than $100 and not more than $300. The affected resident will be responsible for replacing any missing container through purchase from the Authority.
[Adopted 1-2-2007 by Ord. No. 1206 (Ch. 1048 of the 1979 Codified Ordinances); amended in its entirety 9-6-2011 by Ord. No. 090611.]
As used in this article, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
ASHES
The residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating and cooking.
BUILDING DEBRIS
Any accumulated building materials resulting from construction or reconstruction on a property.
COMBUSTIBLE REFUSE
Includes all paper, straw, excelsior, rags, rubber and such other refuse as may result from ordinary housekeeping or commercial pursuits and which may be burned by fire, excluding garbage.
COMPOSTABLE MATERIALS
Organic material, which, when decayed, is used for fertilizing and conditioning of land and for purposes here, shall be defined as including leaves, grass clippings, brush and small tree limbs under two inches in diameter.
CONTAINER
Container provided to each resident. These containers are the property of the Borough of Bellefonte and must be left at the residence upon moving out.
CUSTOMER
A person who is receiving refuse service on a weekly basis and who is on regular quarterly or annual billings.
GARBAGE
The animal or vegetable refuse from the storage, preparation, cooking and consumption of food.
MULTIPLE-USE BUILDING
Any building being used for more than one purpose, such as apartments, offices of commercial units, or any combination thereof.
NONCOMBUSTIBLE REFUSE
Consists of all discarded articles or materials except sewage, liquid waste, garbage and combustible refuse.
RECYCLABLE MATERIAL
Material in the waste stream which has recapture value designated by Council or by the Centre County Recycling and Refuse Authority, which materials shall be collected separately from rubbish and is not subject to the provisions of the Municipal waste ordinance.
REFUSE
Garbage, ashes, or rubbish.
RUBBISH
All waste materials not included in the definition of garbage, except building rubbish from building construction or reconstruction, industrial refuse, dead animals, abandoned large vehicles or other machinery, or such other waste materials as are not commonly produced in homes, stores and institutions. Also excluded from the term "rubbish" are materials designated as recyclable. These designated materials may vary from time to time, depending on the different markets for their reuse. Recyclable material will be designated by Council or by the Centre County Recycling and Refuse Authority.
SPECIAL COLLECTION
Any collection of objects, other than collections on the regular refuse route, that do not fit into the Borough-provided refuse containers, such as furniture, white goods, etc.
WHITE GOODS
Items like refrigerators, hot-water heaters, washers and dryers.
All refuse produced and accumulated in the Borough shall be collected, transported and disposed of only by the Refuse Collection Department of the Borough. The Department shall be the sole and exclusive agency for such collection, transportation and disposal. No other person shall collect, transport or dispose of refuse in the Borough. Recyclables which are not part of the Municipal Waste Ordinance shall be collected in a manner approved by Council.
[Amended 10-15-2012 by Ord. No. 10152012-001]
A. 
All residents shall be required to use Borough-provided containers. All containers for garbage or rubbish shall be provided by the Borough and shall be kept watertight by the resident. The Borough shall provide the homeowner with the first container at no expense. Should a resident require one additional container, the resident may purchase it from the Borough at the Borough's current cost for the container. Should the customer have on occasion an event knowing more garbage and/or rubbish will be generated (e.g., holiday, graduation party, moving, yard cleanup, additional rubbish, etc.), he may contact the Borough in advance and, for a nominal fee, rent containers on a temporary basis. The rental fee shall be set by resolution but will only cover the cost of delivery and pickup of the container; no additional cost for refuse will be charged. All containers shall be kept as clean as possible and shall be replaced by the customer when they are no longer in good condition. The refuse crew will provide notice of needed container replacement by tie-on tag, sticker or card.
B. 
The storage of all garbage or rubbish 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. Any person accumulating or storing garbage or rubbish on private or public property in the Borough for any purpose whatsoever shall place the same, or cause the same to be placed, in sanitary closed containers supplied by the Borough for that purpose. Storage in other containers and/or bags is not permitted. All garbage and rubbish, before being placed in the container(s), shall have all liquids drained, and the lids must be kept closed. Garbage must be placed in plastic or paper bags prior to being placed in containers. Small loose rubbish shall be secured by bags, bundles or boxes.
[Amended 6-15-2015 by Ord. No. 06152015-02]
Ashes shall be placed in containers not larger than five gallons in capacity and shall be provided by the customer. Ash containers shall be metal. Ash containers shall be picked up separately on Wednesdays, beginning November 1 through March 31. Ash containers must be placed at the curb in front of the residence.
A. 
The occupant shall have the refuse and recycling material readily accessible to the refuse collector on the day of collection and shall place his container(s) and recycling materials in front of the residence on the curb or at the edge of the street. The collector shall not enter a building to collect refuse. The customer shall not place any recycling material in the appropriate bins or any refuse in cans, bags or other approved containers at curbside for pickup prior to 6:00 p.m. of the day preceding the scheduled pickup. Such approved containers, cans or bags, including recycling bins, shall be removed out of sight of the thoroughfare which fronts the property from which such refuse has been removed by 7:00 p.m. on the day scheduled for refuse pickup.
B. 
Those residents either unable or wanting to have refuse personnel pick up their garbage and/or rubbish at a location other than the curb may do so by contacting the Borough. There will be an additional cost for this service, to be set by resolution. This service applies only to garbage and rubbish. All grass clippings, brush and ash containers must be placed at the curb on Wednesdays during their respective pickup months.
[Amended 10-15-2012 by Ord. No. 10152012-001]
C. 
If you are physically unable to maneuver the container to the curb for pickup due to a disability, you may apply for a cart exemption, which will allow you to place bags directly at the curb. Please contact the Borough office at 236 West Lamb Street for more information. You will be asked to complete a cart exemption application which will include a section for a doctor's verification. This will apply to all persons living in the residence.
A. 
Rubbish that cannot conveniently be placed in the required type of container shall be assembled or bundled in such a way that it can be handled by one man and will not be disseminated by the wind or otherwise while awaiting collection. Material requiring special collection shall be collected at the special collection rate.
[Amended 6-15-2015 by Ord. No. 06152015-02]
B. 
Electronic material (e.g., TVs, computers, microwave ovens, etc.) requiring a special pickup and surcharge may be dropped off at a Borough location (trailer) at any time by a Borough customer with no applied fee. This will be in effect as long as the Centre County Recycling and Refuse Authority receives this material for no cost to the Borough.
Refuse shall be collected from premises at such intervals and according to a schedule determined and established from time to time by Council. Such schedule may provide for more frequent collection from restaurants, hotels and other businesses and institutions producing large quantities of garbage and/or other refuse than from dwellings, and such schedule may also require that special kinds of refuse of unusual bulk, shape, size, quantity or nature be withheld from the regular collection and be collected separately at a special collection.
Vehicles used by refuse collectors shall be fully enclosed packer-type vehicles and shall be cleaned at frequent intervals to prevent any nuisance by odors. Where disposal is made by transportation of covered cans, other types of vehicles may be used. Recyclables which are not part of the Municipal Waste Ordinance shall be collected in a manner approved by Council.
All refuse accumulated and collected by the Borough shall be disposed of in a sanitary landfill or other licensed facility for refuse disposal. Ownership of material placed at the curb for collection, including recyclables, shall be vested in the Borough. The collection of these items shall be at the direction of Council.
A. 
All fees for the collection and disposal of refuse in the Borough shall be established by resolution of Council and may be changed from time to time by the same procedure.
B. 
A fee or fees as set forth by resolution shall be paid to the Borough for every place of residence and every place of business within the Borough for the removal and disposal of refuse. Such fees shall be determined by the Borough Council as necessary and commensurate with the services rendered, computed on basis of expense, depreciation and reasonable charge for readiness to serve.
A. 
Bills for refuse collection service for dwelling units shall be rendered in advance of the period for which the service has been contracted. Bills for multiple-use commercial or industrial occupancies, schools, and hospitals shall be rendered after the service has been performed. Bills are payable within 20 days of the date of billing. If bill is not paid by the due date, the amount owed will be subject to a penalty set by Council resolution.
B. 
Bills for special collections shall be rendered on a monthly basis following such collections and shall be due and payable within 20 days of the day bills are sent. If a special collection bill is not paid by the due date, the amount owed will be added to the normal quarterly bill and will be subject to a late penalty set by Council resolution.
C. 
All bills for refuse service to apartments, row houses, multiple dwellings and similar dwelling units, where refuse service is tendered to the tenants of such premises, shall be sent to the owner of such premises. Such bills shall be paid by such owner in accordance with the rate schedule then and there prevailing. The owner of such premises shall be responsible solely to the Borough for payment of such refuse billing irrespective of any agreement, oral or written, between such owner and the person on whose behalf such refuse service is rendered. Such billing shall be made and directed to the owner of the premises served by the Borough Refuse Collection Department, and payment shall be made by such owner or his agents as previously stated.
D. 
Bills for refuse service to commercial customers may be sent to the commercial tenant if different than the property owner. If the commercial tenant does not submit payment for two consecutive billing periods, the bill may be sent to the property owner who is ultimately responsible for the bill.
E. 
It is the responsibility of the property owner to report in writing all commercial and residential unit changes in vacancy, additions or deletions to the Borough office within 10 working days for proper billing of services rendered. In the event services are rendered without proper payment, the property owner will be responsible for any backpayments due to the Borough.
F. 
In the event that payment is not made for such refuse billings, then, at the option of the Borough and subject to the provisions of Chapter 524, § 524-1, service may be discontinued, and the amount due and payable shall be collected from the owner of such premises in the manner that municipal claims are presently collected or an action in assumpsit may be commenced by the Borough against the owner of such premises, such method of collection to be solely at the option of the Borough.
A. 
Vacancies of single-family dwellings. No credit or abatement shall be permitted or allowed from any refuse bill during a temporary vacancy of less than three months for any single-family premises served by such utility. Abatement or release from such a utility bill during a temporary vacancy of a single-family premises shall only be permitted after an application for the same is made and approved by the Borough Manager, who shall render a written response accepting or rejecting such application within 30 days. The form of the application shall be prescribed from time to time by Borough Council by resolution. In the event any such application is disapproved by the Borough Manager, then the applicant may appeal within 30 days of such filing, and the applicant will be notified in writing of its decision within 15 days of the date of the hearing. The decision of Council relating to the appeal shall be final. In the event the abatement or credit is allowed, the applicant shall pay to the Borough the sum as set by resolution to discontinue utility and the sum as set by resolution in addition thereto to turn on such utility service at the end of the temporary vacancy. There will be no charge for refuse service during the period of approved vacancy. Vacancy credits shall not be considered for a period of less than three months.
B. 
Vacancies of industrial, commercial, and multifamily buildings (including units). In cases relating to the temporary vacancy of industrial, commercial, multifamily residential buildings (or units thereof), wherein a credit is claimed for temporary vacancy by the owner, the owner thereof may make application to the Borough Manager in the same manner as prescribed in Subsection A hereof for relief, provided that the temporary vacancy period shall be for a period of not less than one month nor more than nine months. Only temporary vacancies for the purpose of construction, reconstruction, remodeling, painting, major repair or major alterations, as defined, shall be considered for relief under this section. No relief for temporary vacancy shall be granted for failure to rent the premises in whole or in part. The written application shall specify whether the period of time is for one month or more, not to exceed nine. The Manager shall have 30 days to render a written opinion accepting or rejecting any such application.
C. 
Fees; inspections. In the event the application is allowed by the Manager, relating to industrial, commercial, and multifamily units, the petitioner shall pay to the Borough the sum set by resolution per industrial, commercial, and multifamily unit. Upon receipt of the inspection fee, the Borough Manager and/or the Building Inspector shall cause the unit for which relief is sought to be inspected. At the close of the temporary vacancy period, the Borough Manager and/or the Building Code Official shall cause the unit for which relief is sought to be reinspected to ascertain the condition of the unit and that it is ready to be reserviced by the Borough utility. There will be no charge for refuse service during the period of approved vacancy.
D. 
Decisions of Council. The decision of Council shall be final in all cases relating to credit for temporary vacancies as provided in Subsections A and B hereof.
E. 
Violations. The following acts shall be deemed a violation of this section:
(1) 
The leaving, transferring, letting, assigning, or renting of any property as real estate for which a vacancy credit is given without first having an inspection of the premises as provided in this section.
(2) 
The removal of any property from the public housing list of the Borough, then rerenting before a public housing permit is issued. Such action shall be deemed a violation of this section, and in addition to any fine assessed, the owner of said property shall pay all back utility charges, connection fees and all other costs of utility service due the Borough from the time the property is removed from the public housing list to the time a new public housing permit is issued.
F. 
Application of Zoning Ordinance. The Zoning Ordinance and regulations relating to nonconforming uses apply to all properties vacant for a period exceeding one year.
A. 
No person shall transport or remove from private premises within or from outside the Borough any refuse for the purpose of depositing the same in any publicly owned can or receptacle within the Borough parks, at publicly owned buildings, or along publicly owned rights-of-way.
B. 
No person shall bury any refuse in the Borough.
Any unauthorized accumulation of refuse amounting to a public nuisance is prohibited. Failure to remove the same within two days after notification to the owner or occupier of the premises by Council or its representative shall be a violation of this section, and in addition to other penalties provided in § 482-33, the Borough may authorize the collector to remove the refuse, and the expense thereof, plus any additional charge authorized by law, shall be collected from the owner or occupier either by an action in assumpsit or by the filing of a municipal claim.
The burning of garbage and/or rubbish of any kind is prohibited in the Borough.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Compostable materials. Compostable materials shall be separated from other refuse and placed close to the curb on Wednesdays from April 1 through October 31. All compostable materials shall be set aside from other refuse presently collected by the Borough. No compostable materials shall be placed in plastic bags. Brush shall be tied in bundles. Bundles shall be no longer than six feet and manageable by one person. The use of plastic bags as storage containers for compostable materials to be picked up by the Borough shall be considered a violation of this section.
B. 
Grass clippings. This service is optional and shall be for the collection of grass clippings generated by the lot receiving the service only. This service shall be available beginning April 1 and ending October 31. The Borough shall be the provider of a grass clippings container at the resident's expense. Grass clippings shall be picked up on Wednesdays. Once a grass container is purchased, there will be no charge for pickup of grass clippings.
C. 
White goods and large items. The Borough will charge for the disposal of white goods and unusually large items as a separate charge in addition to the normal quarterly refuse rate. These items can be scheduled for pickup on Wednesdays. The bill will be collected as outlined in § 482-27B.
D. 
Building materials. Building materials and construction debris of any kind are not considered refuse and will not be picked up by the Borough.
E. 
Recycling fee. In addition to the quarterly refuse rate, the Borough will add to the rate a separate fixed fee for recycling.
F. 
Rental containers. Should the customer have on occasion an event knowing more garbage or rubbish will be generated (e.g., holiday; graduation party; moving, yard cleanup, etc.), he may contact the Borough in advance and, for a nominal fee, rent containers on a temporary basis. The rental fee shall be set by resolution but only cover the cost of delivery and pickup of the container; no additional cost for refuse will be charged.
A. 
A roll-off container, dumpster, etc., may be placed on a public right-of-way, provided that the following requirements are met:
(1) 
Application is made to the Borough office stating the location of the placement of the dumpster and the period of time it will be on the public right-of-way.
(2) 
A fee set forth by Council resolution shall be paid upon application to the Borough.
(3) 
No dumpster placed on a public right-of-way shall exceed eight feet in width or take up more than one parking space.
(4) 
Any dumpster placed in a public right-of-way shall have reflective material on the end that faces the direction of traffic and shall have at least one orange marker cone positioned at the corner facing the direction of traffic.
B. 
No dumpster shall be used for more than 30 days without permit renewal. Repeated disposal and dropoff of a roll-off dumpster constitutes a continual use and is calculated in the thirty-day period. This section does not apply to roll-off containers, dumpsters, etc., that may be placed on private property.
A. 
Violators of this article or any of its sections shall receive a ticket or have a criminal complaint filed and served on the tenant or owner of the property on which the violation has occurred. A landlord will only be held responsible for violations of the tenant when reasonable efforts have been exhausted to collect from the tenant or two violations occur at the same property. It is the responsibility of the landlord to notify tenants of the proper place and time for refuse pickup. By advertisement and passage of this section, Council has hereby given notice to all interested parties.
B. 
Any person wishing to appeal a notice of noncompliance or a citation issued for a violation of this article may, within 48 hours of receiving said notice, request in writing a hearing before the Mayor. An appeal of the Mayor's decision may be made to the Magisterial District Judge having jurisdiction in the Borough in the event the ticket is not paid after denial of exoneration.
C. 
The fact that refuse remains on any owner's or occupant's premises in the Borough in violation of this article shall be prima facia evidence that the owner or occupant of such premises is responsible for the violation.
D. 
Fines shall be $50 for the first offense, $100 for the second offense, and $300 for the third offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.