[Ord. 3-98, 10/6/1998, § 1]
For the purpose of this Part, the following terms, phrases or words shall have the meanings ascribed to them in this Section except where the context in which the word is used clearly indicates otherwise.
ASHES
Residue from the burning of wood, coal, coke, paper or other combustible material.
BOROUGH
The Borough of Biglerville, Adams County, Pennsylvania, the Mayor and the Borough Council of Biglerville.
BOROUGH COLLECTOR
That 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.
COMMERCIAL CUSTOMER
Any multi-unit business center exceeding four units, agricultural, commercial, institutional or industrial firms.
COMMERCIAL ESTABLISHMENT
The use of any premises as other than a dwelling and shall include hotels, boarding and lodging houses, tourist cabins, motels and trailers.
CONTAINER
The receptacle in which refuse is placed for collection, including cans, boxes and plastic bags; provided, however, that they are so constructed so as to be fit for permanent use or in the case of bags, for one time use.
COUNTY
The County of Adams, Commonwealth of Pennsylvania.
DEBRIS
Waste materials consisting of stones, brick, plaster, broken concrete or earth, in such quantity and size as shall not violate the restriction hereinafter set forth with respect to size and weight of containers.
DWELLING
A building used for residential purposes but shall not include hotels, boarding and lodging houses, tourist cabins, motels and trailers, which shall be considered commercial establishments.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
MUNICIPAL WASTE
Garbage, rubbish, ashes, debris, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments or from community activities.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
RECYCLABLE MATERIALS
Those materials which may be processed or refabricated for reuse and which are specified by the Borough and the County for separation from the regular municipal waste. Such materials may include, but not be limited to, aluminum cans, bimetal or tin containers, clear and colored glass containers, newspapers and plastic beverage containers.
RECYCLING
The collection, separation, recovery and sale or reuse of recyclable materials which would otherwise be disposed or processed as municipal waste.
RENTAL UNIT
Any residential unit occupied by persons other than the owners of the property on a lease basis.
RESIDENTIAL CUSTOMER
Any customer, including multifamily dwelling units and mobile home parks, small business establishments, churches, municipal offices and such other places not fitting within the definition of commercial customer.
RUBBISH
All solid household wastes, except body wastes, other than garbage, ashes, yard waste and debris, such as magazines, glass other than containers, ceramics, plastics other than beverage containers and laundry detergent containers, small scraps of wood, etc.
YARD WASTE
Grass clippings, leaves, garden residues, shrubbery, tree trimmings and similar biodegradable organic matter.
[Ord. 3-98, 10/6/1998, § 2]
1. 
It shall be mandatory for every rental unit within the Borough to have all their municipal waste collected in accordance with the schedule set forth in § 20-104 of this Part. Said collection shall be completed by the Borough collector and the owner of the rental unit shall be responsible for the payment of the costs of said collection in accordance with this Part. It shall be mandatory for every commercial customer within the Borough to have their municipal waste collected at least once per week or more often, if necessary. The commercial customer shall be responsible for contracting with a trash hauler, which may or may not be the Borough collector, and the commercial customer shall be responsible for the payment of the costs of said collection.
2. 
Municipal waste collection for residential customers, other than those occupying rental units, shall be voluntary. Any residential customer desiring municipal waste collection shall contact the Borough collector.
[Ord. 3-98, 10/6/1998, § 3]
It shall be unlawful for any person other than the Borough collector to collect and haul municipal waste and/or recyclable materials from residential customers, including rental units, within or from the Borough. No residential customer may contract with any hauler of municipal waste and/or recyclable materials unless such hauler is authorized to collect municipal waste within the Borough pursuant to this Part. A commercial customer may contract with a person other than the Borough collector, provided such person is licensed to collect municipal waste and/or recyclable materials by the County. This Part shall not interfere with the ongoing recycling efforts of the Adams Rescue Mission.
[Ord. 3-98, 10/6/1998, § 4]
1. 
All municipal waste, excluding those items set forth in subsection (2) of this Section, generated by residential customers shall be collected once a week at a time set by the Borough collector and approved by the Borough. The maximum quantity of municipal waste allowed for each dwelling and/or dwelling unit for each collection day shall be five containers weighing not more then 75 pounds each nor exceeding a volume of 32 gallons each.
2. 
All tree trimmings, hedge clippings and similar yard waste shall be cut in lengths not exceeding three feet and shall be securely tied in bundles not exceeding 40 pounds in weight.
3. 
All commercial customers shall be required to make arrangements directly with the Borough collector or another person licensed by the County for collection of their municipal waste. Such collection shall not be less often than weekly and shall be intervals short enough to prevent unsafe, unsightly or unsanitary accumulations of municipal waste. Commercial customers shall be permitted to place a dumpster or other similar container for the disposal of municipal waste on its premises, provided such container does not interfere with the flow of traffic around the commercial establishment.
[Ord. 3-98, 10/6/1998, § 5]
Containers shall be of durable watertight rust-resistant material having a close-fitting lid and handles to facilitate collection. All containers shall be kept in good and sanitary condition without the accumulation of residue of liquids, solids or a combination of such material on the bottom or sides of the container. Any container that does not conform with this Part or that is likely to injure the Borough collector or his employees or hamper the prompt collection of municipal waste shall be replaced upon notice. Failure to replace said defective container may result in the loss of municipal waste collection until such time as the container is replaced.
[Ord. 3-98, 10/6/1998, § 6; as amended by Ord. No. 1-2017, 6/6/2017]
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. No container(s) shall be permitted to be placed at the curbside or along a public right-of-way earlier than one day before the designated pickup. Containers must be removed within 12 hours after collection.
[Ord. 3-98, 10/6/1998, § 7]
Every residential customer and commercial customer within the Borough desiring recyclable materials collection from the Borough collector shall be required to separate all recyclable materials from municipal waste and place such recyclable materials in a specially designated container to be provided by the Borough collector at the residential customer's or the commercial customer's expense. The residential customer and the commercial customer shall separate the following recyclable materials: newspapers, aluminum cans, bimetal cans, clear and colored glass containers, plastic PET #1 and HDPE#2 beverage containers and detergent containers. All recyclable materials shall be placed at the curbside for collection in the same manner and at the same time as other municipal waste.
[Ord. 3-98, 10/6/1998, § 8]
1. 
Fees for Residential Customers.
A. 
The fees for collection and disposal of municipal waste from residential customers shall be at a rate as established by a contract approved by the Borough with the Borough collector and shall be subject to change as the volume of municipal waste collected or collection costs vary. The Borough shall also specify a recycling fee.
B. 
The fees set forth herein shall be billed and collected by the Borough collector. Such fees shall be billed not less often than quarterly. The fee for municipal waste disposal shall be the responsibility of the dwelling unit owner or rental unit owner that contracted for service.
2. 
Fees for Commercial Customers.
A. 
The fees for collection and disposal of municipal waste from commercial customers shall be negotiated between the commercial customers and the person licensed by the County to contract for collection and disposal and contracted to collect and dispose of such municipal waste. The Borough shall have no control over fees set for commercial customers.
B. 
The fees set for collection of municipal waste of commercial customers shall be paid by the owner, tenant, lessee or occupant of the premises no less often than monthly. Said fees are the ultimate responsibility of the commercial customer.
[Ord. 3-98, 10/6/1998, § 10]
On or after the passage of this Part, it shall be unlawful at any place within the confines of the Borough to dump or deposit, except for collection, garbage, ashes, rubbish, debris or any other municipal waste of any nature per regulations of the County and the Department of Environmental Protection of the Commonwealth of Pennsylvania.
[Ord. 3-98, 10/6/1998, § 10]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 or more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each 10 days that a violation of this Part continues shall constitute a separate offense. In addition to the foregoing penalty, the Borough may require the owner or occupier of the property to remove any accumulation of municipal waste, and should said person fail to remove the same within 10 days of written notice, the Borough may cause the same to be done and collect the costs thereof, together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by bill in equity.