[Adopted 9-16-1957 by Ord. No. 177 (Ch. 20, Part 1, of the 1978 Code
of Ordinances)]
[Amended 1-18-1982 by Ord. No. 431][1]
As used in this article, the words, terms and phrases shall
have the meanings ascribed to them as follows:
All putrescible animal and vegetable wastes resulting from
growing, handling, storage and preparation of food.
Any individual (whether masculine or feminine), institution,
corporation, partnership, firm or entity, or the agents of any of
them.
Land, buildings or other structures or property upon or in
which refuse is stored.
All nonputrescible solid waste, whether combustible or not,
such as paper, cardboard, cans, glass, crockery, rags and other waste
material not defined herein as garbage, but not including household
furniture or appliances, tires, building or home remodeling refuse,
ashes, dirt, rocks, general garden or lawn debris such as leaves,
grass and tree cuttings, hedge or shrubbery trimmings.
[1]
Editor's Note: Section 10 of Ordinance 431 provided that,
except as amended by that ordinance and Ordinance Nos. 206, 335 and
281, all provisions of Ordinance 177 (Sections 1 to 22 of this chapter)
were continued in effect.
A.
The responsibility for the sanitary conditions of any premises within
the Borough of Fox Chapel shall be upon the occupants thereof, if
any, otherwise the owners or their agents, and it shall be unlawful
for any person to place, deposit or accumulate any garbage or rubbish
or allow the same to be done on such premises or on highways, vacant
lands or in any streams or other bodies of water thereof, except as
permitted by the provisions of this article.
B.
Any person so responsible shall make arrangements for the collection
and disposal of the garbage and rubbish only with a collector thereof
who has entered into an agreement with the Borough of Fox Chapel as
hereinafter provided, except that any such person may dispose of garbage
and rubbish in any manner that does not create a nuisance or is not
otherwise prohibited by law or ordinance.
[Amended 1-18-1982 by Ord. No. 431]
Establishments such as schools, churches and clubs may make
arrangements with collectors other than the collector authorized pursuant
to this article for the collection and disposal of garbage and rubbish.
[Amended 1-18-1982 by Ord. No. 431[1]]
The occupants of the premises, if any, otherwise the owners thereof or their agents, shall provide and maintain containers for the storage of all garbage and rubbish accumulated on such premises, as hereinafter required. Except for items described in § 298-7 below, all garbage and refuse shall be placed in containers. Containers shall be placed outside the garage door or at another location within reasonable distance from the dwelling.
[1]
Editor's Note: Ordinance 431 specifically repealed Article
III, Section 2 of Ordinance 177.
[Amended 1-18-1982 by Ord. No. 431]
All garbage shall be wrapped or bagged before depositing same
in the container.
[Amended 1-18-1982 by Ord. No. 431]
Garbage and rubbish containers shall be durable, rust-resistant,
nonabsorbent, watertight, easily washable, with close-fitting covers,
and of a capacity of not less than 10 gallons nor more than 45 gallons.
[Amended 1-18-1982 by Ord. No. 431]
Cardboard boxes shall be flattened and bundled and large quantities
of newspapers and magazines shall be bundled to facilitate handling.
[Amended 1-18-1982 by Ord. No. 431; 6-17-1991 by Ord. No. 524]
All garbage and rubbish within the Borough collected and disposed
of by a collector who has entered into an agreement with the Borough
of Fox Chapel, as hereinafter provided, shall be by such collector
collected and disposed of in accordance with the provisions of all
applicable state, county and local laws, rules and regulations, and
no garbage and rubbish shall be carried, conveyed or transported over
the roads or thoroughfares of the Borough by any person unless authorized
as herein provided. All garbage and rubbish collected within the Borough
shall ultimately be disposed only at a landfill cited in the Allegheny
County Solid Waste Management Plan 1990, or subsequent revisions thereto.
[Amended 1-18-1982 by Ord. No. 431]
Garbage and rubbish shall be collected not less than once every
seven days. In the event a particular collection day falls on a legal
holiday, the requirement may be waived by the Borough, in its sole
discretion, in writing. However, the week following said legal holiday,
the collector shall return to the regular schedule of collecting not
less often that once every seven days. Collection shall be made between
the hours of 7:00 a.m. and 6:00 p.m. No collections shall be permitted
on Sundays, except in emergency situations.
No person shall be authorized to collect garbage and rubbish
in said Borough and dispose of the same unless such person shall have
adequate equipment and personnel to perform such services so as to
assure general cleanliness and sanitation during the entire process
and proper and efficient operation thereof in compliance with all
applicable laws, regulations, rules and provisions of the Commonwealth
of Pennsylvania, County of Allegheny and this Borough governing the
collection and disposal of garbage and rubbish.
[Amended 11-19-1973 by Ord. No. 335]
A.
The Borough may contract for garbage and rubbish services for the
residents of the Borough of Fox Chapel and pay the cost therefor from
general tax revenues; or
B.
The Borough by agreement with a collector may establish maximum rates
for the collection of garbage and rubbish, which rates shall be charged
to the resident or occupant, if any, otherwise to the owners or their
agents, of the premises from which garbage and rubbish shall be collected,
and said collector shall, by individual and separate agreement with
said occupants, if any, otherwise with said owners or their agents,
collect such charges as have been so established direct from said
occupants, if any, otherwise from said owners or their agents, without
liability to or upon the Borough.
Agreements for the collection and disposal of garbage and rubbish
under this article shall be entered into between the Borough of Fox
Chapel and a responsible collector who has submitted a bid for the
collection and disposal of garbage and rubbish accepted by authority
of the Council of Fox Chapel Borough, and shall be executed by the
President of Council and the Secretary of the Borough on behalf of
the Borough, and shall contain a provision requiring that said collector
shall furnish a surety bond, to be approved by the Borough Solicitor,
in an amount to be fixed from time to time by resolution of Council,
conditioned for the faithful performance by said collector of the
agreement, and such other provisions as the Borough Council may deem
proper.
It shall be unlawful for any person who has not entered into an agreement with the Borough of Fox Chapel as hereinbefore provided to engage in the business of garbage and rubbish collection and/or disposal for compensation in the Borough of Fox Chapel, except as provided in § 298-3 hereof.
[Amended 12-21-1987 by Ord. No. 481]
The Borough Manager of the Borough of Fox Chapel, in order to
protect the health and safety of the people of the Borough of Fox
Chapel, is hereby authorized and directed by implementing and enforcing
the provisions of this article to control the storage, collection
and disposal of garbage and rubbish within the Borough of Fox Chapel
and to approve and regulate the establishment, maintenance and operation
of the services and manner used in the collection and disposal thereof.
[Amended 12-21-1987 by Ord. No. 481]
The Borough Manager and such other persons as the Council of
Fox Chapel Borough may duly authorize shall have the power to enter
at reasonable times upon private or public property within the Borough
of Fox Chapel for the purpose of inspecting and investigating conditions
relating to the enforcement of the provisions of this article.
[Amended 12-21-1987 by Ord. No. 481]
Whenever the Borough Manager determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this article, written notice of such alleged violation shall be
given to the persons responsible therefor.
Such notice shall:
A.
Recite the reasons why it is being issued;
B.
Specify a reasonable time for correcting the alleged violation;
C.
Include a statement of the penalties to be imposed in the event the
alleged violation is not corrected within the reasonable time specified
therein;
D.
Be served personally or in accordance with any other method authorized
or required under the laws of the Commonwealth of Pennsylvania; and
E.
May contain such other statements as may be deemed expedient in the
matter at issue.
[Amended 12-21-1987 by Ord. No. 481]
Any person served with a notice as in this article provided
shall be granted a hearing before the Borough on the matter at issue
upon filing in the office of the Borough Manager within five days
after the date said notice was served written petition requesting
a hearing and setting forth a brief statement of the grounds therefor.
Such hearing shall be held at the Borough Building within 10 days
following receipt of such request, of which place and time the petitioner
shall be notified in writing, and at such hearing petitioner shall
be given the opportunity to be heard.
[Amended 12-21-1987 by Ord. No. 481]
The decision of the Borough Council shall be rendered within
10 days after the date hearing is concluded, in writing, and a copy
thereof served upon the petitioner, who if aggrieved by said decision
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the Commonwealth of Pennsylvania.
[Amended 12-21-1987 by Ord. No. 481]
Any notice given under this article, if a written petition for
a hearing has not been filed as provided, and any decision of the
Borough Council after hearing that sustains or modifies such notice
shall be deemed an order, and failure to comply therewith within the
time specified therein shall invoke the imposition of the penalties
stated.
[Amended 10-20-1958 by Ord. No. 206; 3-20-1978 by Ord. No. 381; 12-21-1992 by Ord. No. 536]
Any person, firm or corporation violating any provisions of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs of prosecution or, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 30 days, provided that each violation of any provision of
this article and each day the same is continued shall be deemed a
separate offense. If any violation of any provision of this article
shall constitute a violation of a specific provision of any law of
Pennsylvania, such violation shall be prosecuted under such law and
not under this article.
