[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte as indicated in article histories. Amendments noted where
applicable.]
[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:
Empty, all-aluminum beverage and food containers.
The County Recycling and Refuse Authority.[1]
Empty beverage or food containers consisting of steel and
aluminum.
For purposes of collecting and transporting recyclables,
means the County Recycling and Refuse Authority or its authorized
agent.
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.
Refers to 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, staffed or unstaffed, where recyclable
materials may be taken at specified times.
Shall be defined as follows:
MULTIFAMILY HOUSING FACILITYA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
ONE-FAMILY DWELLINGA building containing one dwelling unit only.
TWO-FAMILY DWELLINGA building containing two dwelling units only.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or such official's
authorized representative.
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.
Plastic bottles and jars made exclusively from high-density
polyethylene, such as milk and water jugs.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
A facility that houses or serves groups of people, such as
a hospital, school, day-care center or nursing home.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Matter containing written pieces published at fixed or varying
intervals, printed on slick or glossy paper which contains contaminants
not found in newsprint.
See "dwellings."
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
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.
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.
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit.
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.
Plastic soda bottles or other containers composed of the
polymer PET.
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.
Empty all-steel and tin-plated-steel food and beverage containers.
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.
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:
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking.
Any accumulated building materials resulting from construction
or reconstruction on a property.
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.
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 provided to each resident. These containers are
the property of the Borough of Bellefonte and must be left at the
residence upon moving out.
A person who is receiving refuse service on a weekly basis
and who is on regular quarterly or annual billings.
The animal or vegetable refuse from the storage, preparation,
cooking and consumption of food.
Any building being used for more than one purpose, such as
apartments, offices of commercial units, or any combination thereof.
Consists of all discarded articles or materials except sewage,
liquid waste, garbage and combustible refuse.
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.
Garbage, ashes, or 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.
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.
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.
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.
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.
