[HISTORY: Adopted by the City Council of the City of Lock
Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 273.
[Adopted 5-4-2009 by Ord.
No. 836]
In order to control the detrimental effects created by improper
storage and removal of ashes, garbage, refuse, riffraff, rubbish and
trash, the City is hereby establishing minimum regulations for storage
and removal thereof and establishing penalties for noncompliance.
As used in this article, the following terms shall have the
meanings indicated:
The residue from the burning of wood, coal, coke or other
combustible materials for the purpose of heating or cooking.
Any and all refuse or residue resulting directly from building
construction, reconstruction, repair or demolition; from grading or
other incidental work in connection with any premises.
A pile consisting of straw, cornstalks, hay, garden rubbish,
grass clippings, leaves, weeds, peat, sawdust and appropriate limes
and fertilizer for the purpose of improvement of soil. Compost piles
shall not be considered as being within the definition of garbage
or refuse as set forth herein.
A leakproof container with a lid designed for the storage
of waste material, including ashes, garbage, municipal waste, refuse,
riffraff, rubbish and trash. Dumpsters supplied by registered haulers
are also considered containers.
The Code Enforcement Officer, the Zoning Officer, any City
police officer, or any other City employee assigned to enforcing City
ordinances.
The open space on the premises and on adjoining property
under the control of the owners or operators of such premises.
The animal, fruit and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods and the residue
from fruit trees located on the premises. It shall not include more
than a minimum amount of free liquids. It shall not include food processing
wastes from industries, such as canneries or packing plants nor of
condemned food products.
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.[1]
Any refuse, the handling or disposal of which would constitute
a danger to City employees, City property or any handler of such refuse,
and shall include but not be limited to: acids, explosives, highly
combustible material and the like.
The bringing of refuse from a location where such refuse
is generated or accumulated, which location is outside the corporate
limits of the City, into any location within the City for disposal
of any type.
Any and all residue resulting directly from industrial or
manufacturing operation. It shall not include waste originating from
commercial operations or an industrial establishment. It shall not
include waste resulting from operations in connection with the construction
of buildings, building or repairing of streets or buildings, demolition
or excavation.
All waste material, garbage, rubbish, refuse, and other substances
including, but not limited to, cigarette butts, plastic and paper
wrappings which, if thrown, scattered, or deposited, as herein prohibited,
tends to injuriously affect public health, safety, and welfare or
tends to have a detrimental or unsightly impact on the environment.
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; and
sludge not meeting the definition of residual or hazardous waste under
this article from a municipal, commercial, or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
Any person living in a dwelling or having possession of a
space within a building.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
A lot, plot or parcel of land, whether improved or unimproved,
including portions occupied by a street or alley and portions of land
between sidewalks and streets.
A container provided to the public by the City or by a registered
hauler with the specific intent to be used to store recycling materials.
Garbage, ashes, rubbish, riffraff, commercial refuse, industrial
refuse, dead animals and building waste as herein defined.
All waste materials not included in the definition of "garbage,"
"ashes," or "rubbish" too large for collection in the ordinary garbage
containers, as set forth herein, such as furniture, tanks, appliances
and the like.
All waste materials not included in the definition of "garbage,"
"ashes," and "riffraff," except building waste from building construction
or demolition, industrial refuse, dead animals, abandoned large machinery
or motor vehicles or such other waste materials as are not commonly
produced in homes, stores and institutions.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
All ashes, garbage, municipal waste, refuse, rubbish and trash
may be stored in covered containers only, and in such limited quantities
and for such limited period of time as shall insure that no annoyance,
nuisance or health hazard shall be created or maintained thereby.
Except for such temporary storage as is herein specified and authorized,
no person shall keep, have, maintain, store upon or allow to exist
in any manner whatsoever, any ashes, garbage, municipal waste, refuse,
riffraff, rubbish or trash upon any premises within the limits of
the City.
Every owner in the City of Lock Haven shall contract with an
individual, entity or firm which is a hauler registered by the City
of Lock Haven, Clinton County Solid Waste Authority and the Commonwealth
of Pennsylvania to have all the ashes, garbage, municipal waste, refuse,
riffraff, rubbish and trash generated on the premises by any of the
occupants of the premises removed and deposited in a permitted landfill
on a weekly basis or more often.
A.Â
No person who is regularly engaged in the business of removing, hauling
or conveying ashes, garbage, municipal waste, refuse, riffraff, rubbish
and trash for disposal shall remove, haul or convey any such ashes,
garbage, municipal waste, refuse, riffraff, rubbish and trash through
or upon any of the streets or alleys of the City without first registering
with the Board of Health of the City acting by and through the Enforcement
Officer. Nothing contained herein shall apply to any person who is
regularly engaged in the business of demolishing any improvement to
realty, or the removal of the resulting debris from demolition of
improvements of realty. There shall be no registration fee.
B.Â
Proof of a valid dumping or tipping permit from a DEP permitted municipal
waste disposal facility shall be included with the registration.
Whenever requested by the Enforcement Officer, the owner of
any real estate within the City of Lock Haven shall present proof
adequate in the judgment of the Enforcement Officer that the owner
of said real estate has a current contract with a registered hauler
to dispose of any ashes, garbage, municipal waste, refuse, riffraff,
rubbish and trash generated on the premises on a weekly basis or more
often. The owner of the premises shall have 48 hours to provide proof
to the Enforcement Officer that he has a current contract with a registered
hauler to provide sufficient service to satisfy the terms and conditions
of this article. No person shall permit any unregistered hauler to
take or remove any ashes, garbage, municipal waste, refuse, riffraff
and rubbish from the premises.
Any hauler picking up ashes, garbage, municipal waste, refuse,
riffraff, rubbish and trash in the City of Lock Haven shall be required
to advise the City of Lock Haven in writing within 48 hours after
request from the City of Lock Haven as to whether an owner has a current
contract for municipal waste disposal from his premises within the
City of Lock Haven. Furthermore, all haulers shall cooperate with
the Enforcement Officer in providing information in the event that
an action is instituted to enforce the terms and conditions of this
article.
Any person hauling or conveying any ashes, garbage, municipal
waste, refuse, riffraff, rubbish and trash through or upon any of
the streets or alleys of the City shall cover such ashes, garbage,
municipal waste, refuse, riffraff, rubbish and trash with a tarpaulin
or other similar or like cover so as to prevent said ashes, garbage,
municipal waste, refuse, riffraff, rubbish and trash from falling
or blowing into or upon the streets and alleys of the City.
Registration for collecting, transporting and hauling ashes,
garbage, municipal waste, refuse, riffraff, rubbish and trash in the
City may be revoked at any time by the City in accordance with the
following:
A.Â
Failure of the hauler to furnish and provide collection and disposal
of City ashes, garbage, municipal waste, refuse, riffraff, rubbish
and trash in accordance with the terms of this article and the conditions
under which the registration was issued.
B.Â
A written notice to the hauler shall be delivered at least 90 days
prior to the date that such registration is proposed to be revoked
and a hearing shall be held by the City within 30 days after such
notice to determine whether such revocation is necessary and in the
best interest of the City.
The occupant and/or owner shall be responsible for complying
with the following provisions:
A.Â
Accumulation of ashes, garbage, municipal waste, refuse, riffraff,
rubbish and trash. All exterior property and premises shall be maintained
in a clean and sanitary condition. The occupant and/or owner shall
keep that part of the exterior property which he/she occupies or controls
in a clean and sanitary condition.
B.Â
Disposal of ashes, garbage, municipal waste, refuse, riffraff, rubbish
and trash. Every occupant and/or owner of a structure shall dispose
of all ashes, garbage, municipal waste, refuse, riffraff, rubbish
and trash in a clean and sanitary manner by placing such ashes, garbage,
municipal waste, refuse, riffraff, rubbish and trash in approved leakproof
containers with a lid.
C.Â
Containers. The owner of every occupied premises shall supply a sufficient
number of containers with a lid for ashes, garbage, municipal waste,
refuse, riffraff, rubbish and trash, and the owner of the premises
shall be responsible for the removal of the ashes, garbage, municipal
waste, refuse, riffraff, rubbish and trash. No container shall be
filled that the lid will not fit tightly. It shall be the responsibility
of the owner of the premises to keep all containers in a sanitary
condition. All containers shall be maintained in good condition.
D.Â
Storage location. All ashes, garbage, municipal waste, refuse, riffraff,
rubbish and trash containers and recycling bins shall be located in
the side or rear yard if present; but, for corner properties, containers
shall not be located in a side yard facing a street or alley. Containers
may be placed in front yards for removal but not more than 24 hours
prior to pickup. The empty containers shall be returned to the designated
storage areas within 24 hours of the time the ashes, garbage, municipal
waste, refuse, riffraff, rubbish and trash or recycling have been
removed.
No occupant, owner, person or tenant shall at any time burn
outdoors any ashes, garbage, leaves, municipal waste, refuse, riffraff,
rubbish or trash within the limits of the City.
Notwithstanding the terms of this article, compost piles kept
by occupants or tenants of a structure shall not violate the terms
and conditions of this article, provided that the materials in the
compost pile do not generate any offensive odors, and provided further
that said compost piles are secure so that animals do not spread the
materials from the compost piles around the premises.
A.Â
It shall be the duty of the Enforcement Officer to report:
B.Â
Upon the discovery of an initial violation on a premises, the Enforcement
Officer shall give written notice of warning to the owner and/or occupant
of such violation by posting the property and providing notice either
by United States Mail, certified, return receipt requested, to the
owner and/or occupant's last known address or by personal service.
Following receipt of notice, the owner and/or occupant shall have
48 hours to abate such violation. This section shall not apply to
subsequent violations after the initial violation by the same owner
and/or occupant of a property during the same year.
[Amended 5-17-2021 by Ord. No. 2021-02]
C.Â
After a period of no less than 48 hours following the receipt of
the notice of warning, the Enforcement Officer may inspect the premises
for compliance with this chapter.
[Added 5-17-2021 by Ord.
No. 2021-02]
D.Â
If the owner and/or occupant does not abate the violation within 48 hours of receipt of the notice of warning, or in the event of a subsequent violation within the same year or season no notice of warning is required, then an ordinance violation shall be issued to the owner and/or occupant by posting the property and providing notice either by United States Mail, certified, return receipt requested, to the owner and/or occupant's last known address or by personal service. Each twenty-four-hour period shall constitute a separate violation and an ordinance violation may be issued every 24 hours following the expiration of the initial forty-eight-hour period specified in Subsection A without further notice as required by that section.
[Added 5-17-2021 by Ord.
No. 2021-02]
E.Â
The notice of violation set forth in Subsection C shall direct and require such occupant or owner, or both of them, to remove the violation so as to conform to the requirements of this chapter, within 48 hours after posting of such notice. If any owner or occupant shall neglect to comply with such notice within the period of time stated therein, the City authorities may remove the violation so as to comply with the provisions of this chapter, and the reasonable cost thereof, including court costs and attorney's fees, together with any additional penalty authorized by law, may be collected by the City from such owner or occupant as a penalty under the provisions of this chapter, or in any other manner provided by law.
[Added 5-17-2021 by Ord.
No. 2021-02]
F.Â
In addition to, and notwithstanding, the City's exercise or
nonexercise of the above procedures, following the issuance of a notice
of warning (in the event of an initial violation) or without such
issuance (in the event of a subsequent violation during the same year),
the Enforcement Officer may issue a citation to the owner/occupant
and commence proceedings regarding same in the office of the applicable
Magisterial District Judge.
[Added 5-17-2021 by Ord.
No. 2021-02]
Upon failure of any occupant and/or owner to comply with the provisions of this article by not doing and performing any work required by the notice provided for in § 340-13 of this article, the City Manager may cause the same to be done and collect the costs of doing so from the occupant/owner, plus a penalty of 10%, in the manner provided by law. If the occupant/owner fails to pay the aforementioned sum, the City shall file a municipal lien against the subject premises.
Any person, firm or corporation who shall violate any provision of this article, who fails to pay the amount set forth in § 340-13 within 10 days of the date of the notice of violation, shall be cited within 30 days of the violation and, upon conviction thereof, be sentenced to pay a fine of not less than $300, nor more than $1,000, plus costs. Each day's violation shall constitute a separate offense, and notice to the offender shall not be necessary in order to constitute a separate offense, nor shall notice to the offender be necessary in order to constitute an offense. In default of payment of the fine stated herein, such offender may be subject to a term of imprisonment not to exceed 30 days.
[Adopted 12-18-1989 by Ord. No. 331B (Ch. 20, Part 2, of the 2003 Code
of Ordinances)]
This article shall be
known as the "City of Lock Haven Municipal Solid Waste Recycling Ordinance."
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Empty all-aluminum beverage and food containers.
Empty beverage or food containers consisting of ferrous sides
and bottom and an aluminum top.
Any public or private agency, organization, company or individual
which accepts recyclables and pays cash or other forms of remuneration
for such recyclables to the bearer.
City of Lock Haven.
For purposes of collecting and transporting recyclables,
means the City or its authorized agents.
Those properties used primarily for commercial or industrial
purposes.
That material consisting of two or more pieces of Kraft liner
separated by corrugated (fluted) liner board. Excluded are materials
without a corrugated interliner and those materials with a corrugated
liner made from rice or other non-wood-based materials.
The scheduled collection and transport of recyclable materials
placed at the curbline or other designated area.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass, lead crystal
and porcelain and ceramic products.
Paper collected from commercial, institutional and municipal
establishments which was discarded from xerographic copiers, nonthermal
computed printers, general office use forms, memos and correspondence,
print shops and other commercial printing processes. Expressly excluded
are papers with self carbons, carbon paper, envelopes and all other
grades of papers not meeting specifications in the regulations.
Those facilities which house or serve groups of people, e.g.,
hospitals, schools and nursing homes.
Leaves, garden residues and similar material, but does not
include grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are other paper
products of any nature whatsoever.
Any residential dwelling having in excess three or more individual
dwelling units.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and matters of public interest. Expressly
excluded are newspapers which have been soiled.
Those materials to be recycled as specified by this article
and regulations promulgated thereunder.
Any occupied single- or multifamily dwelling.
Any used material having an economic value in the secondary
materials market and includes: aluminum cans, bimetal cans, corrugated
cardboard, magazines, newspaper, office paper, paper products not
chemically coated, plastic containers, steel cans, and other materials
designated by this article and the regulations promulgated thereunder
as having value.
[Amended 12-21-2015 by Ord. No. 952]
Solid waste as defined in P.L. 380, No. 97, known as the
"Pennsylvania Solid Waste Management Act."[1]
Prunings, grass clippings, leaves and garden wastes.
The Council, recognizing that the reclaiming of recyclable materials
has become an important method for addressing the growing solid waste
disposal problem by conserving landfill space, and that recycling
conserves natural resources, reduces energy consumption and promotes
the general interest, does hereby authorize the collection, processing,
storage, transportation and disposition of recyclable materials in
accordance with the provisions of this article.
Those recyclables separated for purposes of materials recovery
rather than disposal shall not be considered solid waste as defined
under the ordinance of the county or its municipalities and shall
not be subject to provisions of those ordinances which require disposal
of such wastes at designated facilities.
Establishment of the program. Council, by the provisions of
this article, hereby establishes a program for the mandatory separation
of recyclable materials, as specified by the recycling regulations
resulting from this article, from solid waste by persons residing
in single-family dwellings, multifamily dwellings and by commercial
establishments.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
The Council of the City of Lock Haven will develop appropriate
regulations concerning the recyclable materials to be included in
the City's recycling program. The Council shall promulgate regulations
with respect to the manner, days and times of collections of recyclable
materials and for the bundling, handling, location and time of placement
of such materials for collection. Regulations shall be promulgated
for each type of program undertaken including, but not limited to,
residential, office, multifamily and commercial sources of recyclable
materials. City may change, modify, repeal or amend any portion of
said regulations at any time.
Recyclable materials shall be placed at the curb or other designated
area, separate from solid waste, for collection, or taken to dropoff
sites at such times, dates, manner and places as may be established
by regulation. Separated recyclables shall be placed in special household
storage containers specified by and/or provided by the City or its
agent.
It shall be a violation for any person(s) unauthorized by City
to collect or pick up, or cause to be collected or picked up, any
such recyclable materials as specified in the regulations promulgated
under this article. Each such collection in violation hereof shall
constitute a separate and distinct offense punishable as hereinafter
provided.
It shall be a violation for any person(s) to steal, mutilate,
destroy or render useless the household recyclables storage containers
specified and/or provided by the City or its agent.
City shall license any and all public or private agencies, organizations,
companies and individuals providing services or conducting operations
involving the recycling of municipal solid waste materials generated
within the City. The terms and conditions of such licenses shall be
developed by the City and will, at a minimum, include a requirement
for reporting weights and types of recyclables, as well as other vital
data, to the City on a regular basis.
Any person may donate or sell recyclable materials to licensed
individuals or organizations. Any such materials must be delivered
to the licensed individual's or organization's site by the donor or
seller. Documentation of the quantities donated by weight shall be
provided to the City annually.
Whenever specifications for the disposition of yard waste are
included in the recycling regulations resulting from this article,
it shall be prohibited and will be deemed a violation hereof for any
owner, lessee or occupant of any residential, multifamily or commercial
property in the City to put or cause to be put yard waste into the
City's solid waste stream.
Any action by any person, firm, corporation or other entity
which violates or does not comply with any provision of this article
or any regulation(s) resulting therefrom shall, upon conviction in
a summary proceeding, be sentenced to pay a fine of not less than
$100 and not more than $1,000 and costs and, in default of the payment
of such fines and costs, to undergo imprisonment for not more than
30 days. Each violation shall constitute a separate and distinct offense
and shall be subject to the penalty imposed by this section for each
and every day such violation shall continue.
