[HISTORY: Adopted by the Borough Council of the Borough of
Mount Wolf as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 259.
[Adopted 3-21-1974 (Ch.
99, Art. I, of the 1992 Code)]
The Borough Council of the Mount Wolf Borough, York County,
Pennsylvania, formally adopts, at this regular meeting of March 21,
1974, the York County Solid Waste Management Plan of December 1971,
as said plan may be amended or revised, as prepared by Gilbert Associates,
Inc., the county's consultant, and as required by the regulations
of the Pennsylvania Solid Waste Management Act, Act 241, dated July
31, 1968, and amendments thereto required by Act 187, dated January
12, 1970.[2]
[Adopted 2-11-1975 by Ord. No. 180; amended in its entirety 4-14-1992 by Ord. No. 1992-01 (Ch. 99, Art. II, of the 1992 Code)]
A.
APPROVED CONTAINER
DISPOSAL
PERSON
PREMISES
REFUSE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A paper or plastic bag or other container weighing no more
than 50 pounds and having a holding strength capable of withstanding
stresses until and during collection. Bags must be closed and other
containers must have lids.
[Amended 3-10-1998 by Ord. No. 1998-02]
Includes the storage, collection, disposal or handling of
refuse.
Includes any natural person, association, partnership, firm
or corporation.
A residential dwelling unit, business unit or other building
which creates refuse.
All garbage, debris, ashes, waste and other materials normally
produced by residential households or commercial establishments, but
shall not include any industrial waste, construction waste, furniture,
automobiles, automobile parts, materials from demolished buildings,
materials from excavations or similar items.
B.
The singular shall include the plural, the plural shall include the
singular, and any gender shall include all genders.
A.
All refuse shall be drained and stored in approved containers and
be protected against precipitation, animal damage and overloading
to prevent littering.
B.
Tree trimmings, hedge clippings, newspapers or similar materials
which cannot be conveniently placed in an approved container shall
be bailed, tied or sacked in compact bundles no more than four feet
in length and placed in locations easily accessible to the collector.
C.
No person shall place any refuse in any street, alley or other public
place or upon any private property within the limits of the Borough
of Mount Wolf unless it is prepared and stored in accordance with
this article.
D.
All refuse shall be stored in such a manner so as to prevent the
attraction, harborage or breeding of insects or rodents and to eliminate
conditions harmful to public health, safety or welfare, unsightliness
or public nuisance.
A.
For collection purposes, except where it is agreed with the collector
to the contrary, approved containers shall be placed at ground level
on the property of the premises and not within the cartway of any
street or alley and be easily accessible to the collector. The place
of collection shall be determined by the Borough Council.
B.
Refuse will be collected at least once weekly.
C.
Refuse containers shall not be placed for collection more than 24
hours prior to the day of collection.
[Amended 3-8-2005 by Ord.
No. 2005-03]
D.
One large item, such as discarded furniture, a large household appliance
and other similar items, will be collected weekly.
[Amended 3-8-2005 by Ord.
No. 2005-03]
E.
Recyclables.
[Added 4-14-1998 by Ord.
No. 1998-03]
(1)
Recyclables placed for collection shall be the joint property of
the collector and the owner or tenant who placed the recyclables for
collection. No person shall remove any recyclables placed for collection
without permission of the collector or the owner or tenant who placed
the collectibles for collection.
(2)
For the purposes of this subsection, "recyclables" include newsprint,
cardboard, mixed paper, glass, aluminum, steel and plastic.
F.
Refuse may not be placed for collection on any property or on the
street or alley along any property other than the property from which
the refuse originated.
[Added 11-14-2000 by Ord.
No. 2000-03]
A.
Only a person under contract with the Borough of Mount Wolf, York
County, Pennsylvania, may collect refuse within the territorial limits
of the Borough of Mount Wolf, except for private bulk containers for
commercial, industrial and institutional refuse as approved by Borough
Council.
B.
An authorized collector is one who has entered into a contract with
the Borough of Mount Wolf, York County, Pennsylvania, for the specific
purpose of collecting and disposing of refuse.
C.
No authorized collector shall dispose of any refuse collected in
the Borough of Mount Wolf except by conveyance to a place of disposal
approved by the Pennsylvania Department of Environmental Protection.
The contractor shall state, in writing, the name, location and type
of facility that will be used for disposal.
[Amended 11-14-2000 by Ord. No. 2000-03; 8-12-2003 by Ord. No. 2003-03; 2-9-2010 by Ord. No. 2010-01]
A.
Each premises or household unit within a premises or business entity,
club, organization or other occupants shall be charged a fee for the
collection of refuse for premises within the Borough of Mount Wolf,
York County, Pennsylvania. The amount and frequency of payment, including
late fees, interest, and collection costs shall be determined from
time to time as provided by any contract between the Borough and the
refuse collector selected by the Borough as an authorized collector.
B.
The owner of each premises covered under the contract between the
Borough of Mount Wolf and an authorized collector shall be responsible
and liable for fees for refuse collection, transportation, and disposal
related to the premises.
C.
Said collection fee may be abated by the Borough Council where deemed
appropriate.
D.
It is the intention of this article that the number of collection
fees charged shall equal the number of household units residing within
the Borough of Mount Wolf, plus each business entity, club, organization
or other occupancy within the Borough of Mount Wolf, less any abatements
by Borough Council.
E.
The fee charged by the contractor shall be established by a contract
to be entered into between the Borough of Mount Wolf and the contractor
pursuant to public bidding requirements. The Borough accepts no responsibility
whatsoever for the collection of the fee to be charged to the owner
of each dwelling unit. The contractor shall be solely responsible
for the collection of the fees. The fees shall be paid regardless
of the amount or type of waste and/or recyclables put out for collection.
F.
If the owner of a premises covered by the municipal refuse collection
contract fails to timely pay charges or fees as required, the Borough
Solicitor is authorized, pursuant to the Pennsylvania Municipal Claims
Act,[1] to enter a lien against the real estate upon which the
residential unit is situate in the amount of the fees and charges
or aggregate of fees and charges, plus penalties and costs of entry.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
G.
If the owner of a premises covered by the municipal refuse collection
contract fails to pay any charges or fees as required, the Borough
Solicitor or contracting collector is authorized to file a civil lawsuit
for the collection of fees, charges, penalties, interest and costs
of collection, including reasonable attorney's fees. From time
to time, the Borough Council may, by resolution, modify the hourly
rate for reasonable attorney's fees as provided in this subsection.
A.
This article shall not be applicable to industrial waste. This article
shall not be applicable to commercial waste that cannot be stored
in paper or polyethylene bags or refuse containers for collection.
B.
Any person producing industrial waste or commercial waste that cannot
be stored in paper or polyethylene bags for collection shall dispose
of the same periodically and shall not openly store any such waste
or refuse on the premises for a period of time in excess of 30 days.
C.
Storage of such waste shall be in adequate containers sufficient
to protect the public welfare and safety and to prevent the attracting
of insects or rodents.
It shall be unlawful for any person to place any refuse for
collection unless such refuse has been created or produced by a premises
situate within Mount Wolf Borough.
