[Ord. 747-8, 7/10/1974, § 176-1; as amended by
Ord. 849-5, 9/12/1984; by Ord. 911-3, 1/9/1991; by Ord. 946-4, 6/8/1994;
by Ord. 2002-04-02, 4/8/2002; and by Ord. 2007-06-09, 6/11/2007]
As used in this Part, the following terms shall have the meanings
indicated:
ASHES
The residue from the burning of wood, coal, coke, and other
combustible material.
CONTRACTING COLLECTOR
The individual, firm, partnership, corporation, association,
cooperative enterprise, or other entity designated by or contracted
with Red Lion Borough to collect and dispose of all municipal waste
and recyclable material generated within the Borough of Red Lion.
DISPOSAL
Includes the storage, collection, disposal, and handling
of refuse.
GARBAGE
All the animal and vegetable wastes resulting from the handling,
preparation, cooking, or consumption of foods.
HEAVY COMMERCIAL
Use of a premises for industrial, manufacturing, institutional
purposes, or retail sale of merchandise or food products. This term
includes any and all businesses not defined as "light commercial"
in this section or used as a residence.
LIGHT COMMERCIAL
The use of a premises, either standing alone or in connection
with a residence, as a place of business by a physician, dentist,
clergyman, lawyer, engineer, accountant, architect, teacher, artist,
licensed insurance or real estate agent, seamstress, barber, beautician,
and similar service occupations and professions. The term also includes
any premises used for the retail sale of goods or the providing of
services of any kind that is open to the public and employs three
people or fewer, including the owner or owners of the business, for
its operation.
PERSON
Any individual, firm, partnership, corporation, association,
cooperative enterprise, condominium, or homeowners association, trust,
municipal authority, federal institution or agency, state institution
or agency, municipality, public and private schools and educational
facilities, other governmental agency or any other similar entity
or any group of such persons which is recognized by law as the subject
of rights and duties. In any provisions of this Part prescribing a
fine, penalty or imprisonment, the term "person" shall include the
officers and/or directors of a corporation or other legal entity having
officers and/or directors.
REFUSE
All solid wastes, including garbage, rubbish, trash, and
ashes.
RESIDENTIAL
The use of a building or structure for living, eating and
sleeping quarters as a single housekeeping unit.
RUBBISH
Glass, metal, papers, rags, cartons, boxes, wood, plant growth,
grass, leaves, hard trimmings, and other nonputrescible solid wastes.
TRASH
Items that cannot be compacted, such as furniture, appliances,
objects of metal construction and other items that cannot be disposed
of properly.
[Ord. 747-8, 7/10/1974; as added by Ord. 2002-04-02, 4/8/2002;
as amended by Ord. 2007-06-09, 6/11/2007; and by Ord. 2009-09-02,
9/14/2009]
1. Except as set forth below, each person owning or occupying property
within the Borough used for residential or commercial purposes shall
dispose of all municipal waste and recyclable material generated on
or at the property by having the same collected, transported, and
disposed of by the Borough of Red Lion or a Contracting Collector
as set forth in this Part.
2. The following persons may request exemption from mandatory collection
from Red Lion Borough Council:
A. Owners of commercial properties which utilize dumpsters for trash
collection.
B. Owners of multiple residential dwelling complexes such as garden
apartments, condominiums, and townhouses which contain 10 or more
individual residential units with private access drives and also utilize
dumpsters for trash collection.
3. The Red Lion Borough Council shall have the sole and absolute discretion, but not the duty, to grant exemptions requested under Subsection
2, above. In determining whether or not to grant an exemption, the Borough Council shall consider, but not be limited to, the following factors:
A. Burden imposed upon the Borough's trash collection equipment
and personnel to efficiently collect the trash.
B. Frequency of collection needed.
C. Volume or type of refuse generated.
D. Lack of necessary municipal equipment.
E. Access by trash collection vehicles.
F. Any unusual health and/or safety issues.
4. Any person requesting the exemption shall do so in writing and shall,
at the time the exemption is requested, also provide Borough Council
with a proposed or tentative contract from a private refuse hauler
which meets or exceeds all requirements of this Part and all other
county, state, or federal laws and regulations concerning the collection
of solid waste and recyclables. If an exemption is granted, the owner
receiving the exemption shall promptly provide Red Lion Borough with
a copy of the signed contract and all new contracts or renewals subsequent
to the initial contract. The owner shall also promptly notify Borough
of any disputes with a private hauler which result in cessation of
or pending cessation of private trash collection. Any violation of
this section shall result in automatic revocation of the exemption
and imposition of Borough collection fees and service's without
prior notice of intent from Red Lion Borough. Any fees remaining unpaid
60 days after the due date shall be filed as a municipal lien, with
filing fees and other charges, in accordance with the provisions of
the Municipal Lien Law (see 53 P.S. § 7101 et seq.) or collected
under usual means of civil action or as otherwise provided by law.
5. If an exemption is granted, Borough Council may condition exemption upon posting of adequate security to insure compliance with this Part, and any other conditions which the Council deems to be reasonably necessary to insure compliance. Waste collection fees due and payable to Red Lion Borough or previously paid under §
20-107 shall be prorated as of the effective date of the commencement of private collection.
[Ord. 747-8, 7/10/1974; as amended by Ord. 783-6, 3/8/1978;
and by Ord. 849-5, 9/12/1984]
1. Refuse containers shall be made of durable, watertight, rust-resistant
material having a close fitting lid and handles to facilitate collection,
or durable plastic bags tied securely.
2. Refuse containers shall be of not less than five gallons or more
than 32 gallons and when filled must not weigh more than 50 pounds.
3. Refuse containers shall be kept clean by rinsing and draining as
often as necessary.
4. Refuse containers shall be provided by owner, tenant, or occupant
of each premises.
5. Each family and business establishment shall be allowed not more
than a total of six containers and/or bundles of refuse for each collection
day.
6. Residential and/or commercial complex under single ownership may
utilize dumpsters or other receptacles designed to pick up and dump
mechanically by a refuse truck; provided, that such dumpsters shall
be of a type approved for use from time to time by the Borough; and,
further provided, that the dumpsters shall be provided by the property
owners and shall be maintained in good repair by said property owners.
Dumpsters shall have a capacity of not more than two cubic yards each.
[Ord. 747-8, 7/10/1974; as amended by Ord. 783-6, 3/8/1978;
by Ord. 849-5, 9/12/1984; by Ord. 8910-9, 10/11/1989; and by Ord.
2003-06-09, 6/9/2003]
1. All refuse shall be placed in approved containers for storage and
collection, which shall not permit blowing or scattering by wind.
Cardboard cartons may be used if substantially constructed to withstand
weather and when tied securely. No such carton shall be more than
30 inches in length, width or height, nor shall it weigh more than
50 pounds. Refuse placed for storage or collection in a dumpster shall
be contained in a plastic bag or other similar wrapping to prevent
such refuse from being blown or scattered about. Refuse shall be secured
at all times in the approved containers, and the containers shall
be located in such a way as to prohibit any odors generated by the
refuse or the containers from emanating onto any adjoining properties.
2. It shall be unlawful to place refuse in paper bags for storage or
collection.
3. Discarded newspapers and magazines must be placed in a container
or tightly wrapped with strong cord before being placed out for collection.
The weight of any package shall not be more than 50 pounds.
4. Tree trimmings, hedge trimmings, corrugated boxes and such other
disposable material which cannot be conveniently placed in approved
containers shall be baled, tied and stacked in compact bundles not
over three feet in length and weighing not over 50 pounds. They must
be placed in a location easily accessible to the collectors.
5. Ashes may be placed in metal containers with handles to facilitate
collections. Containers when filled shall not weigh more than 50 pounds,
nor shall they contain any ashes capable of igniting other collected
garbage, refuse or rubbish.
6. It shall be unlawful to place refuse in or along any street, alley,
or other public place unless the same is placed in an approved container.
7. It shall be unlawful for either the owner or the occupant of any
premises to permit refuse to be stored in a manner not authorized
by this section. Any unauthorized accumulation of refuse on any premises
is hereby declared to be a nuisance and is prohibited. Failure to
remove existing accumulation of refuse within three days of due notice
shall be deemed a violation of this section. Due notice shall be given
either personally or by telephone or by mail.
[Ord. 747-8, 7/10/1974; as amended by Ord. 781-2, 1/11/1978;
by Ord. 783-6, 3/8/1978; by Ord. 849-5, 9/12/1984; by Ord. 855-5,
5/8/1985; by Ord. 8812-17, 12/21/1988; by Ord. 8910-9, 10/11/1989;
by Ord. 9711-6, 11/12/1997, § 176-4; and by Ord. 2009-09-02,
9/14/2009]
1. Refuse containers shall, for the purpose of collection, be placed
directly in front of the premises or in the alley in the rear of the
premises from which it is being collected except for dumpsters, which
shall be placed and maintained at such locations as shall be approved
by the Borough. Approved dumpsters shall be placed on a pad or other
base of a kind, construction and size approved by the Borough.
2. Emptied refuse containers shall be removed from the street or alley
on the day of collection.
3. It shall be unlawful for any person to place refuse in bundles or
containers in or along streets or alleys in excess of 12 hours prior
to the scheduled collection day.
4. Collection of refuse is provided for Borough residents and establishments
only.
5. Trash will be collected only on scheduled days designated by the
Borough Office. The following items will not be accepted by the Borough
for disposal: refrigerators, washing or drying machines, stoves, bathtubs,
heaters, furnaces or any other large items deemed unacceptable to
the Borough Office.
6. Industrial waste will not be collected.
7. Furthermore, it shall be unlawful for the owner of a premises to
permit the occupants to place refuse in bundles or containers in or
along streets or alleys in excess of 12 hours prior to the scheduled
collection day. The owner shall be deemed to have permitted a violation
of this section after the owner has been notified by the Borough that
occupants of the premises have done so and the refuse is not removed
within 12 hours of such notice. Every such occurrence within one year
from the date of the notice shall be deemed a violation of this section
by the owner. Due notice shall be given either personally or by telephone
or by mail.
8. Notwithstanding any of the above, all trash, rubbish, refuse or other
municipal or solid waste shall be stored for collection and collected
in a manner to prevent leakage, littering, attraction of vectors,
the creation of odors, dumping and all other nuisances at all times.
[Ord. 747-8, 7/10/1974; as amended by Ord. 909-8, 9/12/1990;
by Ord. 9711-6, 11/12/1997, § 176-5; and by Ord. 2009-09-02,
9/14/2009]
Any person violating any section of the provisions of this Part,
upon conviction thereof, shall be sentenced to a fine of not 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 day that
a violation of this Part continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
[Ord. 747-8, 7/10/1974; as added by Ord. 862-1, 2/12/1986;
as amended by Ord. 866-3, 6/11/1986; by Ord. 871-1, 1/14/1987; by
Ord. 8712-15, 12/29/1987; by Ord. 882-1, 2/10/1988; by Ord. 8812-17,
12/21/1988; by Ord. 9711-6, 11/12/1997, § 176-6; and by
Ord. 2009-09-02, 9/14/2009]
1. A solid waste collection fee, as set from time to time by resolution
of the Borough Council, shall be charged, levied, and assessed against
every person or persons, corporation, municipal corporation, firm,
or other entity that possesses, occupies or owns a separate dwelling
unit containing a separate family residence, whether existing individually
or contained within a multiple-family dwelling, condominium, mobile
home park or the like, whose solid waste is to be collected by the
Borough of Red Lion.
2. A solid waste collection fee, as set from time to time by resolution
of the Borough Council, shall be charged, levied and assessed against
every person or persons, corporation, municipal corporation, firm,
or other entity that possesses, occupies or owns a separate premises
used for light commercial purposes, whether existing individually
or contained within a multiple use structure or the like, whose solid
waste is to be collected by the Borough of Red Lion pursuant to the
current York County Solid Waste Plan and any future modification thereof,
and administered by the York County Solid Waste Authority.
3. Funds derived from the imposition of the solid waste collection fee
shall be used from time to time for the cost of collecting and disposal
of solid waste by the Borough of Red Lion including, but not limited
to, salaries, tipping fees, and the maintenance, purchase, and repairs
of equipment.
4. Primary responsibility for payment of the fee shall be that of the resident, occupier, or possessor of the individual units as described in Subsections
1 and
2 of this section. The fee shall be collected on a quarterly or semiannual basis in equal payments. If the resident, occupier, or possessor fails to pay the fee as billed within 20 days from the date thereof, a 10% penalty shall be added to the payment. If the resident, occupier or possessor fails to pay the fee within 30 days, the Borough or contracting collector shall hold the owner of the residence or premises as described responsible for its payment at the applicable rate.
5. The amount of the fee or discount shall be reviewed annually as part
of the Red Lion Borough budget adoption procedure and may be changed
upon the passing of a proper resolution by the majority of Borough
Council.
6. The first such solid waste collection fee established by this Part
shall be instituted for the year 1986.
7. In the event of new construction of a premises as described in Subsection
1 of this section during any calendar year, the collection fee imposed will be as follows:
A. If occupancy of the new construction occurs after January 1 but prior
to July, the fee will be an amount as set from time to time by resolution
of the Borough Council for each month or part of a month of occupancy
prior to July 1.
B. If occupancy of the new construction occurs after July 1 but prior
to December 31, the fee will be an amount as set from time to time
by resolution of the Borough Council for each month or part of a month
of occupancy prior to December 31.
8. In the event of new construction of a premises as described in Subsection
2 during any calendar year, the collection fee imposed is as follows:
A. If occupancy of the new construction occurs after January 1 but prior
to July, the fee will be an amount as set from time to time by resolution
of the Borough Council for each month or part of a month of occupancy
prior to July 1.
B. If occupancy of the new construction occurs after July 1 but prior
to December 31, the fee will be an amount as set from time to time
by resolution of the Borough Council for each month or part of a month
of occupancy prior to December 31.
9. A solid waste collection fee, as set from time to time by resolution
of the Borough Council, shall be charged, levied and assessed against
every person or persons, corporation, municipal corporation, firm,
or other entity that possesses, occupies or owns a separate premises
used for heavy commercial purposes, whether existing individually
or contained within a multiple use structure or the like, whose solid
waste is to be collected by the Borough of Red Lion pursuant to the
current York County Solid Waste Plan and any future modification thereof,
as administered by the York County Solid Waste Authority.
[Ord. 747-8, 7/10/1974; as added by Ord. 2007-06-09, 6/11/2007;
and as amended by Ord. 2009-09-02, 9/14/2009]
1. The Borough of Red Lion reserves the right to enter into a collection
contract with a contracting collector for collection of all or part
of the municipal waste and recyclable material generated within the
Borough of Red Lion.
2. The contracting collector is hereby authorized to charge a fee and
shall be required to perform billing for the fee charged for garbage
and recycling collection, transportation, and disposal services. Billing
of the fee charged, levied, and assessed shall be in accordance with
rate set forth in the contract between the contracting collector and
the Borough of Red Lion. All fees and charges which remain unpaid
after the invoice due date shall be deemed delinquent. The billing
of fees and charges shall be sent directly to the property owner or
occupant and the property owner or occupant will be responsible for
payment of the fee and charges. The quarterly fee and charges shall
be charged for each residential, light commercial, or heavy commercial
unit.
3. This fee will be billed quarterly by the contractor and will be due
and payable 30 days after the invoice billing date. The billing shall
be sent 30 days prior to the start of the quarter that the service
will be rendered. If any fees or charges imposed by this Part are
not paid by the due date, there will be a penalty added of $10 to
the outstanding invoice.
4. If the owner or occupant of a residential or commercial unit shall
fail to pay any changes or fees after the invoice becomes delinquent,
the Borough Solicitor, the Borough Manager, or the contracting collector
is authorized to file a civil lawsuit for the collection of charges,
penalties, interest, and costs of collection, including reasonable
attorney's fees. Upon the filing of a civil lawsuit, a penalty
of $50 shall be added to all delinquent accounts.