[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 12-6-2016 by Ord. No. 328.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 78.
Parks — See Ch. 82.
Peace and good order — See Ch. 85.
Property maintenance — See Ch. 93.
[1]
Editor's Note: This ordinance also superseded former Ch. 67, Garbage, Rubbish and Refuse, which consisted of Art. I, Refuse Disposal, adopted 7-12-1937 by Ord. No. 64, approved 7-12-1937, as amended, and Art. II, Dumping, adopted 3-1-1955 by Ord. No. 105, approved 3-1-1955, as amended.
As used in this article, the following terms shall have the meanings indicated.
ASHES
The residue from burning wood, coal, coke or other combustible materials.
COMMERCIAL UNIT
Any business or industrial establishment which is not included under the definition of "residential unit."
GARBAGE
Nonhazardous household waste which includes, for instance, ashes, paper, rags, sweepings, clothes, construction wastes, and any offal or fish, fruit, vegetable matter, animal matter, or any organic substance subject to fermentation or decay, provided the same can be placed entirely within the containers as provided herein.
PERSON
A natural person, firm, partnership, association, school, nonprofit corporation or corporation for profit.
RESIDENTIAL UNIT
A structure or part thereof used for or as a dwelling for humans, including but not limited to single-family semidetached dwellings, single-family attached dwellings, apartments, townhouses, condominiums and mobile homes, but does not include hotels or motels.
A. 
Occupants of residential and commercial units shall provide, maintain and replace containers, as required herein, for all garbage. Each residential and commercial unit is limited to two containers. Residential and/or commercial units requiring more than two containers may purchase an annual sticker for additional containers, up to six. The cost for each additional container shall be $75 per year. Additional bags are available for $5 each from the Borough office.
B. 
Containers for garbage shall not be less than twenty-gallon capacity nor more than forty-five-gallon capacity. No commercial unit shall, at any time, use more than six forty-five-gallon containers. If more than six such containers are required, such commercial unit occupant shall provide and use a dumpster. The dumpster shall be picked up by a private hauler at the expense of the commercial unit and shall be compatible with the collection equipment then in use by the Borough or any private hauler contractor or contractors servicing the Borough or commercial unit.
C. 
Enough containers shall be provided so that the aggregate capacity shall be sufficient for normal needs between the intervals of collection given hereinafter.
D. 
Containers shall be made of nonabsorbent, impervious material and shall be watertight, airtight, windproof, provided with handles and provided with tight-fitting covers, also of nonabsorbent and impervious material. Containers shall be maintained at all times in such conditions or be replaced with containers that are. Covers shall be secured at all times on containers with garbage.
All garbage shall be placed in secured plastic trash bags before being placed in the garbage container. The containers shall be kept covered and, after they are emptied, shall be cleaned by the occupants or proprietors.
On the days when collection is to be made, the occupant or proprietor of the place where the garbage is accumulated shall place the container at a point on the premises where it is readily accessible to collectors.
No garbage shall be deposited or allowed to accumulate on private or public ground, deposited on highways, vacant lots or commons, or deposited in or allowed to accumulate in any stream or other body of water.
Garbage shall be collected only on the days and between the hours herein specified:
A. 
Garbage shall be collected on such days, other than Sunday, as designated by Borough Council.
B. 
Garbage shall be collected from premises between the hours of 6:30 a.m. and 7:00 p.m. on designated days, unless otherwise provided by Borough Council.
A. 
Trashcans and garbage may be placed on the sidewalk, curb, or along a public street or alley right-of-way for collection not earlier than 12:00 noon on the day before collection day.
B. 
Garbage must be removed from the sidewalk, curb, or along a public street or alley right-of-way for collection no later than 12:00 noon on the day following the collection.
C. 
Violation of this section shall constitute a summary offense and, upon conviction, may be punished by a fine of $50.
All collectors of refuse shall not drive their trucks or vehicles in the alleys. All garbage shall be collected from streets. The containers shall be emptied in a quiet and clean manner so as not to foul the premises or the highway or disturb the peace.
The vehicles used by collectors of garbage for transportation from the premises to place of disposal shall be of substantial construction, watertight and provided with covers.
At any time and from time to time, the Borough Council may, by resolution duly adopted, pass, promulgate, amend, delete and enforce rules and regulations pertaining to the matters governed by this article, including but not limited to:
A. 
Fees charged, billing and payment schedules.
B. 
Container shapes, sizes and numbers of location for pickup.
C. 
Separation of materials.
D. 
Recycling procedures.
E. 
Leaf pickup.
F. 
Medical and other hazardous wastes.
G. 
Control and licensing of private haulers.
H. 
Enforcement, imposition of and amount of fines and penalties.
It shall be the duty of the Zoning Officer and Chief of Police to assist the Council in enforcing the terms of this article and securing compliance with the requirements hereof.
Any person who shall violate any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The dumping, throwing or otherwise depositing of garbage, offal, carcasses, waste, putrid, offensive or unwholesome matter upon public or private property, the roads, streets, alleys or highways within the limits of the Borough of Matamoras, Pike County, Pennsylvania, is hereby prohibited and declared to be a public nuisance.
No person shall accumulate, keep, store, dump or otherwise deposit on his, her, or its premises or property or on any other public or private property in the Borough of Matamoras, Pike County, Pennsylvania any garbage, refuse, rubbish, offal, carcasses, waste, putrid, offensive, or unwholesome matter, and the same is hereby prohibited and declared to be a public nuisance.
The Borough Council or the Chief of Police of the Borough shall, upon the violation of § 67-13 of this article by any person, corporation, partnership, unincorporated association or any other legal entity whatsoever, notify, in writing, the person, corporation, partnership, unincorporated association or owner, lessee or occupant of the premises or property upon which the public nuisance is being maintained to remove the same 10 days from the date of the notice. Upon default thereof, together with a penalty of 10% of such cost, from such person, corporation, partnership, unincorporated association, owner, lessee or occupant in the manner provided by law for the collection of municipal claims or by an action of assumpsit and may seek relief by a bill in equity.
Any person who shall violate provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,000 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.