[Adopted 7-12-1971 by Ord. No. 405]
This article shall be known and may be cited as the "Sellersville
Borough Refuse Storage, Collection and Disposal Ordinance of 1971."
Pursuant to the authorization granted by Section 1202 of Act
No. 581 of February 1, 1966 (the Borough Code), as amended, the purpose of this article is to promote,
protect and facilitate the public health, safety, morals and general
welfare by:
A. Regulating the accumulation and storage of solid wastes so as to:
(1) Retard the propagation and the harboring of rats, mice, mosquitoes,
flies and other vermin;
(2) Eliminate filth and filthy deposits;
(3) Reduce the opportunity for the growth of pollen-bearing grasses and
weeds;
(4) Eliminate attractive nuisances which may endanger the safety of children;
(5) Reduce the potential pollution of land, air or water and the disease-producing
potential of decaying organic matter;
(6) Reduce the potential of spontaneous combustion and fire; and
(7) Generally promote harmonious, peaceful and comfortable neighborhood
life by the elimination of nuisances.
B. Providing for the safe, orderly and economic collection and removal
of accumulated waste.
C. Providing for the disposal of solid waste materials in safe and sanitary
methods and in compliance with the Pennsylvania Department of Environmental
Protection rules and regulations.
D. Complying with the purpose and intent of Act No. 241, the Pennsylvania
Solid Waste Management Act.
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context indicates otherwise:
ASHES
The residue resulting from the burning of wood, coal, coke
or other combustible material.
AUTHORIZED COMMERCIAL COLLECTOR
A person, firm or corporation licensed to collect, convey
and dispose refuse in accord with the provisions of this article.
BOROUGH
The Borough of Sellersville.
BUILDING or ACCESSORY STRUCTURE
A building or other structure constructed, existing and used
in conformity with the zoning, building, housing and fire prevention
ordinances, codes and regulations of the Borough of Sellersville.
BULKY WASTES
Large household appliances such as stoves, refrigerators,
television sets, washing machines, etc., furniture and furnishings,
plumbing fixtures, large crates, tools and machinery or parts thereof,
junk automobiles and trucks, large auto parts, automobile tires and
similar items.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing material, sheathing, rubble, broken concrete,
plaster and brick, conduit, pipe, wire, insulation and similar material
which results from a construction, demolition or remodeling process.
COUNTY
The County of Bucks and its regulatory agencies.
DWELLING UNIT
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating by one
family.
GARBAGE
All animal and vegetable waste solids resulting from the
handling, preparation, cooking and consumption of foods.
HOUSEHOLD RUBBISH
Paper, cardboard, wood, excelsior, plastics, rags and cloth,
leather, rubber, grass, leaves, yard trimmings, metals, tin cans,
metal foils, dirt, stones, bricks, ceramics, crockery, glass bottles
and similar items normally produced by or originating from private
residential occupancy.
INDUSTRIAL AND COMMERCIAL WASTE
Any material or substance which is a waste by-product of
the industrial or commercial process, and shall include packaging
materials and equipment used in the delivery or shipment of goods
to or from the industrial or commercial site.
MUNICIPAL COLLECTION SERVICE
A collection service established and operated by the Borough
of Sellersville, or private collection service under contract with
the Borough.
NONCOLLECTABLE WASTE
Poisons, acids, caustics, explosives and other hazardous
material that may cause damage or injury to collection equipment or
personnel; human or animal excreta; and dead animals.
PERSON
Includes any natural person, association, partnership, firm
or corporation.
REFUSE
All solid wastes, except body wastes, and shall include but
not be limited to ashes, rubbish, garbage, industrial and commercial
wastes and junk.
STATE
The Commonwealth of Pennsylvania and its regulatory agencies.
VEHICLE
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
[Amended 7-7-1997 by Ord. No. 604]
A. It shall be unlawful for any person to cast, throw, sweep, sift or
deposit in any manner in or upon any public way, sidewalk, waterway,
storm sewer, sanitary sewer or land within the jurisdiction of the
Borough any kind of dirt, refuse, rubbish, waste article, thing or
substance whatsoever, whether liquid or solid. Nor shall any person
cast, throw, sweep, sift or deposit any of the aforementioned items
anywhere within the jurisdiction of the Borough in such manner that
it may be carried or deposited in whole or in part, by the action
of the sun, wind, rain or snow, into any of the aforementioned places.
This prohibition shall include any material, solid or liquid, which
falls or runs from or is carried by the wheels of any vehicle.
B. Provided that this section shall not apply to the deposit of material
under permit authorized by ordinance or regulation of the Borough;
or to goods, wares, merchandise or materials deposited upon any public
way or other public place temporarily in the necessary course of trade
and removed therefrom within two hours after being so deposited; or
to articles or things deposited or conducted into the sewer systems
in accordance with the regulations or permits relating thereto.
Residential collection. The collection of all ashes, garbage,
household rubbish and bulky waste from residences in the Borough shall
be by the municipal collection service, except as herein provided,
in accordance with the following regulations:
A. All refuse shall be prepared for collection in strict conformity with §
127-6 and deposited for collection in accordance with collection standards as adopted by the Borough from time to time.
B. It shall be unlawful to place any material for the municipal collection
service in unauthorized or defective containers, torn bags or bundles
not securely tied. Collection personnel may refuse to collect improperly
prepared material and may give notice of such by affixing a tag to
the container or material citing the violation. Failure to comply
after first notice may result in prosecution. After such first notice
of a defective container, such container may be collected and removed
as refuse by the collection personnel on the next collection day.
C. Except when specifically authorized by the Borough, refuse receptacles
shall be placed for collection at ground level on the property, not
within the right-of-way of a street, and readily accessible to and
not more than 10 feet from the side of the street from which the collection
is made.
D. Routes of collection will be along streets and rights-of-way as from
time to time established by the Borough. Routes and pickup points
will be determined on the basis of the most efficient routing of collection
equipment.
E. It shall be unlawful for any person to deposit for collection any
refuse not produced at the address from which collection is made or
to bring any refuse into the Borough or from one address to another
in the Borough for the purpose of taking advantage of the collection
service. It shall also be unlawful for any resident to deposit refuse
for residential collection service which refuse was produced by any
professional or business enterprise engaged in by the resident.
F. In order to provide safe and economic municipal collection service
at a reasonable rate to all Borough residential users and to comply
with the legislative mandate of Act No. 241 (Solid Waste Management
Act) and Act No. 101 (Municipal Waste Planning Act), the Borough deems it necessary to require all residential
units within the Borough to utilize the Borough municipal collection
system. It shall be unlawful, therefore, for any residential dwelling
units within the Borough, either owners or possessors, to personally
collect, convey and/or dispose of refuse or contact or arrange with
any person to collect, convey and/or dispose of refuse other than
by and through the Borough of Sellersville municipal collection service.
[Amended 12-7-1992 by Ord. No. 576]
G. It shall be unlawful to store or place for residential collection
with household rubbish any of the materials defined as noncollectable
waste.
H. Refuse shall not be placed at collection points earlier than 6:00
p.m. on the day before the regularly scheduled collection day, and
empty refuse containers shall be removed from the collection points
prior to 6:00 p.m. on the day of collection.
[Amended 4-10-1993 by Ord. No. 591]
I. Every owner of a dwelling unit shall pay a service fee for municipal
collection service in accordance with the following conditions:
(1) The service fee for each dwelling unit shall be $360 per annum, payable
in advance in quarterly installments of $90.
[Amended 12-10-1996 by Ord. No. 560; 12-9-2002 by Ord. No. 625; 12-13-2004 by Ord. No. 641; 12-12-2005 by Ord. No. 646; 12-10-2007 by Ord. No.
654; 12-13-2010 by Ord. No. 669; 12-12-2011 by Ord. No. 677; 12-9-2013 by Ord. No. 689]
(2) All accounts shall be considered delinquent if not paid within 60
days from the date when the bill for service is rendered. All delinquent
accounts are subject to stoppage of service without notice. Service
shall be resumed thereafter only in payment of the accumulated fees
for the period of collection plus a penalty of 10%. The stoppage of
service hereinbefore authorized for nonpayment of collection fees
shall be in addition to the right of the Borough to proceed for the
collection of such unpaid fees in the manner provided by law, either
by an action in assumpsit or the filing of a municipal claim.
(3) The Borough Council shall, from time to time, adopt and promulgate
rules and regulations setting forth the terms, conditions and administrative
procedures for the levying and collecting of the service fees above.
J. It shall be unlawful for any owner of a dwelling unit to knowingly
allow or to continue to allow any violation of this section by any
other person.
[Added 10-12-2015 by Ord.
No. 703]
All waste material resulting from building or structure alteration,
repair, construction or demolition shall be removed by and at the
expense of the owner of the premises upon which such waste was produced.
[Added 10-12-2015 by Ord.
No. 703]
This article shall be enforced by a criminal action in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. A person convicted of violating
this article shall be sentenced to pay a fine not to exceed $1,000
per violation, plus court costs and reasonable attorneys' fees
incurred by the Borough of Sellersville, or to imprisonment for not
more than 90 days, or both. Violations of more than one provision
of this article shall constitute separate violations. Each day that
a violation of any provision of this article continues or occurs shall
constitute a separate violation.
[Adopted 12-9-1991 by Ord. No. 567]
This article shall be known and referred to as the Waste Flow
Control and Licensing Ordinance of the Borough of Sellersville.
The Borough of Sellersville may petition the Bucks County Court
of Common Pleas for an injunction, either mandatory or prohibitive,
in order to enforce any of the provisions of this article.