[Adopted 1-1-1980 by Ord. No. 100 (Ch. 20, Part, 1, of the
1993 Code of Ordinances)]
This article shall be known as the "Sanitation and Refuse Disposal
Ordinance."
For the purpose of this article, the following terms, phrases
or words shall have the meaning ascribed to them in this section,
except where the contest in which the word is used clearly indicates
otherwise:
ASHES
Residue from the burning of wood, coal, coke, or other combustible
material.
BOROUGH
The Borough of Auburn, Schuylkill County, Pennsylvania, the
Mayor, and the Borough Council of Auburn.
BOROUGH COLLECTOR
Any individual, partnership, firm, corporation or business
entity designated by the Borough Council by means of an independent
contract as the person having the exclusive right to collect refuse
within the Borough, but, shall not be construed as meaning that said
person is an employee, official or representative of the Borough of
Auburn.
COMMERCIAL
The use of premises other than as a dwelling.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of foods.
MULTIFAMILY RESIDENTIAL UNIT
A building designed and occupied as a dwelling by more than
one family living independently of one another; commonly known as
an "apartment house." Provided, however, that motels and hotels shall
be considered "commercial" (as per the definition above).
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
REFUSE
All putrescible and nonputrescible solid wastes (excluding
body wastes), including garbage, rubbish, ashes, solid industrial
waste, dead animals and street cleaning.
RUBBISH
Glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
[Amended 2-7-1990 by Ord. No. 124]
A. Refuse collected by the Borough collector will be made at least once
a week except where conditions beyond the control of the collector
prevent collection.
B. The Borough collector will collect a maximum of five approved refuse containers placed at the designated collection site. The only exceptions are those listed in Subsection
C below.
C. The following items will not be collected by the Borough collector:
(1) Large tree stumps (weighing over 100 pounds).
(2) Vehicle motors or crank shafts.
(3) Explosives or flammable liquids.
(4) Bricks, concrete or concrete blocks.
D. The following items will be picked up only by special arrangements
with the collector and shall be subject to additional fees as aforesaid
between Borough collector and dweller:
(1) Refrigerators, freezers, stoves, washing machines, dryers, plumbing
fixtures, hot water heaters, furnaces, radiators, bed springs, bicycles,
or large metal toys.
E. The collection practices of the Borough collector and any other person
removing refuse from the Borough by special permit of the Borough
shall conform to all applicable rules and regulations of the Borough,
the sanitary landfill, the Commonwealth of Pennsylvania, and any contract
or contracts between the parties, and all practices shall be subject
to review or approval of Borough Council.
[Amended 2-7-1990 by Ord. No. 124; 12-6-2017 by Ord. No. 2017-3]
A. Single-family residential units. Each single-family residential unit
shall pay a fee as set by resolution of the Borough Council to the
Borough for collection and disposal of refuse. Fee shall be imposed
regardless of occupancy.
[Amended 11-3-2021 by Ord. No. 2021-11-1]
B. Multifamily residential units. The owner of a multifamily residential
unit shall be responsible to pay to the Borough a fee as set by resolution
of the Borough Council per unit for garbage and refuse collection.
Said owner shall supply to the Borough a list of the occupants of
each unit. Fee shall be imposed regardless of occupancy.
[Amended 11-3-2021 by Ord. No. 2021-11-1]
C. Commercial units. The owner of each commercial unit shall pay a fee
as set by resolution of the Borough Council to the Borough for garbage
and refuse collection. In addition, the collector is authorized to
assess to the owner an additional fee as the volume of refuse collected
or collection cost to the collector exceeds those of a residential
unit.
D. Units equipped with dumpster. Any commercial unit as defined in §
280-2 equipped with a commercial collection device, commonly known as a "dumpster" is exempt from the payment of the aforesaid yearly fee.
E. Collection of fees. The annual fee, as set by resolution of the Borough
Council, shall be billed in semiannual installments on March first
and September first of each year. Accounts delinquent for a period
in excess of 30 calendar days from the date of billing shall be assessed
a five-percent penalty. Delinquent accounts shall be subject to discontinuance
of service upon one week's written notice to the person responsible
for payment. Service will be reinstituted only after payment of fees
in full and penalties accumulated. Cessation of service as set forth
above shall be in addition to the right of the Borough to proceed
for collection by action in assumpsit, by the assessing of municipal
lien or any other manner provided for by law.
On and after the passage of this article, it shall be unlawful
to dump or deposit, except for collection under the terms of this
article, any garbage, ashes, rubbish or refuse of any nature at any
place within the confines of the Borough of Auburn.
[Amended 12-8-1993 by Ord. No. 12/8/1993]
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Schuylkill County.
This article shall become effective January 1, 1981.
[Adopted 6-4-2003 by Ord. No. 2003-6]
This article shall be known as the "Storage of Waste or Recyclable
Materials Ordinance."
The Auburn Borough Council recognizing that the storage of waste
or recyclable materials has become an important health concern effecting
the public health, welfare, safety, and concerns of Borough citizens,
does hereby prohibit the outdoor storage and collection of waste or
recyclable material.
The materials governed under this article are as follows:
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper that is used in commercial,
institutional and municipal establishments.
LEAD ACID BATTERIES
Includes but shall not be limited to automotive, truck and
industrial batteries that contain lead.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities.
Also included is any sludge not meeting the definition of residual
or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste and other materials which would otherwise
be disposed of or processed as municipal waste or the mechanized separation
and treatment of municipal waste (other than through combustion) and
creation and recovery of reusable materials other than a fuel for
the operation of energy.
RECYCLING MATERIALS
Any used material having an economic value in the secondary
materials market. This term includes: aluminum and bimetal beverage
cans, clear glass, green glass, brown glass, high-grade office paper
and corrugated paper.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Borough Council for beneficial use.
The entities governed under this article are as follows:
COMMUNITY ACTIVITIES
Church, school, civic service group, municipal functions
and all other such functions.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions of living,
sleeping, eating, cooking and sanitation.
INDUSTRIAL AND COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial
purposes, excluding those multiple dwelling residential buildings
containing four or more dwelling units.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers, and nursing homes.
MULTIFAMILY HOUSING FACILITY
A building or portion thereof containing more than two dwelling
units and not classified as a one- or two-family dwelling.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of Auburn and other
governmental and quasi-governmental authorities.
MUNICIPALITY
The Borough of Auburn, Schuylkill County, Pennsylvania.
OCCUPANT
Any person (including domestic service employees) living
and/or sleeping in a dwelling unit.
PERSON(S)
Owners, lessees and occupants of residences, commercial or
institutional establishments.
RESIDENTIAL DWELLINGS
Any occupied single-family or multifamily dwelling having
up to and including three dwelling units per structure.
Waste and recyclable materials removed on a periodic basis pursuant
to the following removal programs are exempt from this article:
A. Those municipal waste removal programs collected by the Borough of
Auburn or its agents and delivered to an intermediate processing facility
or landfill as part of a municipal waste hauling and disposal program
shall not be subject to the terms of this article.
B. Those municipal recycling programs instituted by the Borough of Auburn
shall be further exempt from the terms of this article.
C. Those private waste and recyclable removal programs from industrial
or commercial establishments collected by private waste haulers from
materials disposed in a secured dumpster for transport to an intermediate
processing facility or landfill shall not be subject to the terms
of this article.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Schuylkill
County.