[HISTORY: Adopted by the Borough Council of the Borough of Auburn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 120.
Property maintenance — See Ch. 236.
[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.[1]
COMMERCIAL
The use of premises other than as a dwelling.[2]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.[3]
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.
SINGLE-FAMILY RESIDENTIAL UNIT
A building designed and occupied exclusively as a dwelling for one family.[4]
[1]
Editor's Note: The former definitions of "breeding area" and "collection of water," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The former definition of "extermination," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The former definition of "harborage," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: The former definitions of "vector" and "vector proofing," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person, other than such persons as are duly authorized by the Borough, to collect and haul refuse of any nature within or from the Borough.
B. 
The Borough Council shall, by its own resolution and contract, designate one person as the Borough collector for a period not to exceed two years. Said Borough collector shall have the exclusive right and obligation to collect and haul refuse within the Borough.
A. 
Preparation of refuse.
(1) 
All garbage shall be drained of liquid and be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags before being placed in the container.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Tree trimmings, hedge clippings and similar rubbish shall be cut in lengths not exceeding five feet and shall be securely tied in bundles before being deposited for collection.
(3) 
Newspapers, magazines and other printed matter, not placed in containers, shall be securely tied in bundles not exceeding 40 pounds in weight.
B. 
Refuse containers.
(1) 
All garbage and all other refuse shall be placed in containers.
(2) 
Refuse containers shall be durable, watertight, rust-resistant material having a close fitting lid and handles to facilitate collection.
(3) 
Refuse containers for residences shall not be more than 32 gallons in capacity and shall be of such size as can be handled easily by one man. Containers for commercial establishments shall not exceed 40 gallons in capacity with a maximum weight of 40 pounds unless mechanically loaded commercial dumpsters are used.
(4) 
Containers containing garbage shall be covered with a lid which fits securely and prevents access to flies and other insects.
(5) 
It shall be unlawful to permit the accumulation of residue of liquids, solids or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
(6) 
All containers shall be kept in a sanitary condition and shall be kept in good condition. Any container that does not conform with this article or that is likely to injure the collector or his employees, or hampers the prompt collection of refuse, shall be replaced upon notice. Failure to replace said defective container may result in the loss of refuse collection until such time as the container is replaced.
C. 
Accumulation of refuse.
(1) 
No person shall place any refuse upon any street, alley, walk or other public place, or upon any private property, except in proper receptacles for collection or where the refuse is of such size and shape as not to permit it being placed in containers.
(2) 
No person shall deposit refuse in any stream or body of water. In no event shall refuse be placed on the property of another without the consent of the owner.
(3) 
No person except the occupants of the property on which the container is placed and an authorized collector shall remove the lids of the container and/or remove the contents thereof.
(4) 
Refuse of a highly inflammable or explosive nature, or highly infectious or contagious refuse, shall not be stored for ordinary collection but shall be disposed of in accordance with the directions of the Schuylkill County Board of Health.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
No person shall allow refuse to accumulate so that it shall or may afford food, harborage or breeding areas for rats, flies or other vectors.
D. 
Location of containers.
(1) 
Refuse containers shall be placed in the alley located to the rear of the property for collection by the collector from the alley abounding or abutting the property. Where collection by the collector is impracticable by use of said alley, or because no alley exists along said property, collection shall be made along the street fronting said property.
(2) 
Refuse containers shall be placed for collection at ground level on the property, not within the cartway of a street or alley and accessible to, and not more than 10 feet from the side or curb of the street or alley from which collection is made.
(3) 
It shall be unlawful to permit containers to remain at the curbside or along a public right-of-way for periods longer than 10 hours prior to or following regularly scheduled collection days.
[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.
(2) 
Rubber tires.
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.[1]
[1]
Editor's Note: Original § 106 of the 1993 Code of Ordinances, Rubbish and vector abatement, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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[1]]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
BIMETAL CONTAINERS
Empty beverage cans consisting of aluminum and steel.
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.
LEAF WASTE
Leaves from trees.
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[1] 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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
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.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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.
ONE-FAMILY DWELLING
A building containing one dwelling unit only.
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.
TWO-FAMILY DWELLING
A building containing two dwelling units only.
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.
A. 
As defined in § 280-13, it shall be unlawful of any entity, establishment, or individual to store any and all waste or recyclable material, as defined in § 280-12, outdoors and outside a secured structure in the Borough of Auburn.
B. 
As defined in § 280-13, any entity, establishment, or individual shall store any and all waste or recyclable materials as defined in § 280-12 in a fully enclosed and secured building, structure, or facility protected from the elements of weather and secured from free access and general entry of human life and wildlife.
C. 
Any and all storage of waste, recyclable materials, or any other activity enumerated in this article must be conducted in conformity with any and all zoning ordinances, subdivision and land development ordinances, and any other applicable ordinance or state statute governing said activity.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).