[Ord. 506, 12/2/2002]
1.
Purpose. This Part establishes municipal collection, removal and
disposal of garbage and recyclables in the Borough of Edinboro; providing
for charges and fees for such services; defining garbage and recyclables
in the Borough of Edinboro; regulating the preparation, storage, collection,
removal and disposal of garbage and recyclables in the Borough of
Edinboro; prescribing the duties of the Borough with reference hereto;
making it unlawful for any person, firm or corporation other than
the Borough or its contracted agency to engage in the business of
collection, removal and disposal of garbage and recyclables within
said Borough, except as noted herein; and prescribing penalties for
violations of the provisions hereof; and repealing ordinances inconsistent
herewith.
2.
Usage. Whenever in this Part the singular is used, the plural shall
be included; where the masculine gender is used, the feminine and
neuter shall be included.
[Ord. 506, 12/2/2002; as amended by Ord. 512, 9/8/2003; and
by Ord. 560, 11/12/2007, § 1]
The following words, terms and phrases shall be construed in
this Part to have the following meanings except in those instances
where the context clearly indicates otherwise:
A building containing three or more regulated rental units,
housing more than six people.
The residue from the burning of wood, coal, coke and other
combustible materials in homes, places of residence, office buildings,
stores and institutions for the purpose of heating and cooking.
Any unenclosed fire wherein contaminates are emitted into
the open air and are not directed out through a flue.
All rubbish which can be burned and is not recyclable.
All persons, firms, partnerships, associations or corporations
who or which own or operate stores, restaurants, industries, institutions
and other similar places, public or private, charitable or noncharitable,
which, in the operation of said commercial establishment, has or accumulates
refuse and recyclables in and about its premises or elsewhere.
A mixture of various decaying organic substances such as
dead leaves or manure used for fertilizing soil.
Includes all dead animals or parts thereof not intended to
be used as food for human beings.
The temporary suspension of garbage pickup for a prearranged
absence of at least four weeks.
A type of large metal bin for refuse, designed to be hoisted
onto a specially equipped truck for emptying or hauling away.
A fence completely surrounding and concealing a dumpster
or dumpsters and constructed of approved materials.
The by-products of animal and vegetable foodstuffs, resulting
from the handling or preparation of food or other matter which is
subject to decomposition, decay, putrefaction or the generation of
noxious or offensive gases and odors or all refuse or animal or vegetable
matter which has been used for food or which was intended to be so
used.
All containers made from silica or sand, soda ash and limestone,
the product being used for packaging or bottling of various matter.
A container used for the collection and reclamation of spent
or used grease/cooking oil.
A furnace or apparatus for burning trash, garbage, etc.,
to ashes.
Any of a class of elementary substance such as gold, silver,
copper, etc., all of which are crystalline when solid and many of
which are characterized by opacity, ductility, conductivity, and a
peculiar luster when freshly fractured; an alloy or mixture composed
wholly or partially of such substances.
All rubbish which cannot be burned and is not recyclable.
Every natural person, copartnership, association, corporation
or firm.
All containers with the number 1 through 7 in the recycling
symbol on the bottom of the container. All plastic grocery bags.
A tract of land within the Borough, including any buildings
or structures located thereon having a County Tax I.D. number.
A steel drum with combustion air holes near the bottom.
A container with a handle for lifting or a tightly sealed
garbage bag.
A proper container.
Materials having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, steel cans, clear and colored bottles
and jars, paper (cardboard, office paper, newspaper, paper products
not chemically coated). All plastics HDPE, PET, PVC, etc. Numbers
1 through 7 plastics.
A cone-shaped wood fire in a yard having a base diameter
no greater than three feet and material height no greater than two
feet.
All refuse material not included in "garbage," as hereinbefore
defined, except refuse from building construction or reconstruction,
street refuse, industrial refuse, dead animals, abandoned large machinery
or vehicles or such other refuse materials not commonly produced in
homes, stores and institutions.
An alive and healthy evergreen hedge sufficient in height
to screen the dumpster six feet high, planted in such a way that it
will block the line of sight. It may be one or more rows of evergreen
bushes or trees.
A fence, screen planting or wall, sufficient in height to
screen the dumpster, six feet high, provided in such a way that it
will block the line of sight.
All recyclables can be placed together in the same bin or
container. No sorting is required.
Any lot or parcel of ground within the limits of the Borough
of Edinboro left unattended for any unreasonable length of time, whereby
it has grown or been allowed to grow to weeds, or anything unsightly,
such as would be detrimental to anyone's health or a fire hazard,
shall be considered a nuisance and treated as such.
A person or persons receiving refuse/recycling collection
services from the Borough of Edinboro.
[Ord. 506, 12/2/2002]
1.
From and after December 1, 1964, garbage within the Borough of Edinboro
shall, when properly prepared for collection as herein defined, be
collected, removed and disposed of by the Borough of Edinboro or contracted
Borough agency. The contractor and employees of the Borough of Edinboro
shall be responsible for the emptying of all trash receptacles located
on public spaces. The contractor and employees of the Borough of Edinboro
shall not be required to remove any garbage not properly prepared
for collection or stored in receptacles of the type and in the manner
provided in this Part, nor shall they be required to empty any receptacle
too large or too heavy for one man to handle.
2.
The Borough of Edinboro and contracted agent may divide the Borough
into collection zones and designate the days on which garbage shall
be collected in the various zones.
3.
Garbage containers, not to exceed the limit set by the contract with
Borough agent, shall be collected and removed by the Borough of Edinboro
or the Borough agent at least once each week from private residences,
apartments and all other residential places within the Borough of
Edinboro.
4.
Garbage shall be collected and removed from hotels, restaurants,
eating houses, institutions, stores, markets, schools and other places
in the Borough of Edinboro which produce or accumulate the same in
large quantities, semi-weekly or more often, if necessary. Combustible
rubbish shall be collected and removed weekly.
5.
All garbage, refuse and recyclables collected and removed by the
Borough of Edinboro shall be and become the property of the Borough
or the contractor.
[Ord. 506, 12/2/2002; as amended by Ord. 526, 9/26/2005;
by Ord. 537, 4/10/2006; and by Ord. 571, 10/12/2009, § 10]
1.
It shall be required (PA Act 101) of every resident, householder,
tenant and person occupying a dwelling, apartment or place of residence
within the Borough of Edinboro, where garbage and recyclables are
produced and accumulated:
A.
To recycle all items that are eligible for collection according to
current regulations. Recyclables shall not be placed in the same garbage
cans, dumpsters or bags, or otherwise mixed with solid waste for collection,
removal or disposal.
B.
To provide and at all times to keep a number of portable receptacles
to contain all garbage which may accumulate on the premises of said
person during the intervals herein prescribed between the collection
of the same by the Borough of Edinboro or Borough agent.
C.
To keep and maintain all receptacles for the storage of garbage in
good and sanitary condition.
D.
To keep garbage and recyclables from being scattered about, and,
in the case of scattered garbage, it shall be the responsibility of
the occupant to clean up same.
E.
Residents, their agents, or rental unit agents shall leave refuse,
properly contained, behind the front building line of the respective
residence.
F.
Residents, their agents, or rental unit agents, are responsible to move such refuse and recyclables to the edge of adjacent street for pickup no earlier than 5:00 p.m. the day before it is to be picked up. Residents, their agents, or rental unit agents are responsible for returning emptied containers to behind the front building line of the residence no later than 7:00 p.m. the day the refuse is picked up. Violations of this provision are subject to enforcement through the Borough Property Nuisance Ordinance [Chapter 5, Part 3].
G.
All receptacles required by this Part for the storage of garbage
shall conform to the following standards and shall be maintained as
follows:
(1)
All such receptacles shall be of substantial construction and
of such shape and design that the contents may be readily discharged,
and that the same may be easily handled and carried by one man.
(2)
All receptacles for the storage of garbage shall be of standard
type garbage can or garbage bag; shall be watertight and shall be
provided with handles on the outside thereof and with a tight-fitting
closure, which shall not be removed except when necessary to place
garbage therein or to take garbage therefrom.
(3)
The combined weight of any receptacle and its contents shall
not exceed 100 pounds.
H.
The occupant of any premises shall be responsible for the sanitary condition of the premises occupied by him, and it shall be unlawful for any person to place, deposit or allow refuse to be placed or deposited on his premises, except as designated by terms of these regulations. If the property is occupied by other than the owner, the tenant or tenants shall be responsible for the property assigned to him or them. The owner shall be responsible for the portions of the property not leased to the tenants (Chapter 5, "Code Enforcement," Part 2, "Property Maintenance Code").
I.
Discontinuance of Garbage Service. The Borough of Edinboro must be
notified 30 days in advance of a property discontinuing garbage/recycling
service. The reason for the discontinuance must accompany the request.
No partial credit will be given.
J.
Nothing in this Part shall prevent any person from building or maintaining
a compost pile, consisting of lawn, hedge and shrubbery clippings,
leaves, weeds and soil. Garbage shall not be deposited in compost
piles. The compost pile shall not become offensive or a nuisance.
K.
Incinerators may be installed in homes or businesses only by permission
of Council.
[Ord. 506, 12/2/2002]
The contracted agent of the Borough of Edinboro, charged with
collection of municipal waste, shall issue a monthly report to the
Borough of Edinboro, specifying total tonnage of solid waste and recycling
collected.
[Ord. 506, 12/2/2002; as amended by Ord. 514, 6/1/2004]
1.
Each hotel, restaurant, eating house, institution, market, store,
apartment building or other place in the Borough of Edinboro that
produces or accumulates large quantities of garbage and recyclables
shall contract to use a dumpster(s). It shall be the duty of each
dumpster user:
A.
To provide and at all times to keep a number of dumpsters to contain
all garbage and recyclables that may accumulate on the premises of
the user during the interval between collections.
B.
To keep and maintain all dumpsters in a good and sanitary condition.
C.
To keep garbage and recyclables from being scattered about, and in
the case of scattered garbage, it shall be the responsibility of the
user(s) to clean up same.
D.
To screen on all sides any dumpster(s) viewable from any angle by
a pedestrian or motorist using a public sidewalk or right-of-way which
is substantially at grade with said dumpster(s). See definitions of
"screening" and "screen planting." Alternatively, if site conditions
in the judgment of the Building/Planning/Zoning Officer cause said
screening not to be feasible, to decorate (paint on all surfaces except
the top and bottom) and maintain in a professional, workmanlike and
durable manner, any dumpster(s) viewable from any angle by a pedestrian
or motorist using a public sidewalk or right-of-way which is substantially
at grade with said dumpster, with a mural or other design, portraying
a positive image of the premises and the community, chosen by the
user and/or supplier of said dumpster from the following permissible
themes: patriotic (flag, eagle, statue of liberty, military); nature
(flowers, landscapes, waterfalls); animals (domesticated or undomesticated);
oceanic (underwater sea life, seascapes, water birds); science (outer
space, planets, space shuttle, UFOs); or tie-dyed (self-explanatory).
The Building/Planning/Zoning Officer hereby is authorized to issue
regulations establishing standards of material, workmanship and maintenance
to achieve durable and well-maintained murals/other designs.
E.
To insure that all dumpster(s) are of substantial construction and
of such shape and design that contents may be readily discharged therefrom.
F.
To utilize separate grease dumpsters, if required, as set forth in Chapter 18, "Sewers and Sewage Disposal," as exists or is amended.
G.
To recycle either using a separate, marked dumpster(s), or special,
separate, marked recycling containers.
[Ord. 506, 12/2/2002; as amended by Ord. 560, 11/12/2007,
§ 2]
1.
Every resident, householder, tenant or person producing garbage or
refuse, or recyclables, removed by the Borough of Edinboro or the
Borough's agent, shall pay to the Borough of Edinboro a fee or
charge as hereinafter provided for its services in collecting and
removing such garbage or refuse or recyclables. This fee, as set by
resolution of Council, shall include a penalty for late payment.
2.
Billing for services shall be on a bimonthly basis and shall be under
the direction and supervision of the Borough Manager. All bills shall
be bimonthly and shall be due and payable upon presentation thereof
and shall contain a notice that a penalty set by resolution of Council
will be charged if payment is not made on or before the 10th day following
the date of such bill. No partial month credit will be given or applied.
3.
If any account becomes delinquent for more than 60 days after the
same shall become due and payable, it shall be lawful for the proper
officers of the Borough to file a lien or liens against the property
to which such service was rendered and the owner thereof for all delinquent
accounts in the same manner as provided by law in the case of unpaid
Borough taxes on real estate and to proceed to collect the same from
said owners.
[Ord. 506, 12/2/2002]
It shall be unlawful for any person:
1.
Other than the Borough of Edinboro, the contracted Borough agency
or the contracted private dumpster agency to remove, transport or
convey, or cause to be removed, transported or conveyed, any garbage
along any public street or alley or other public places in the Borough
of Edinboro.
2.
Other than the Borough of Edinboro, the contracted Borough agency
or the contracted private dumpster agency to engage in or conduct
the business of collecting, removing or disposing of garbage and recyclables
within the limits of the Borough of Edinboro.
3.
To dispose of, deposit or place, or cause or permit to be disposed
of, deposited or placed, any garbage or refuse upon or in any public
street, park, alley, lane, place, catch basin or receptacle leading
into any sewer or in or upon any private lot within the limits of
the Borough of Edinboro.
4.
To dispose of garbage and/or recyclables in any manner otherwise
than as provided in this Part.
5.
To place any receptacles for the storage of garbage and recyclables
in or upon any public street, lane, alley or sidewalk.
6.
To obstruct, delay or interfere with the collectors of garbage and
recyclables in the performance of their duties.
7.
To place or discard household refuse in public trash containers.
[Ord. 506, 12/2/2002; as amended by Ord. 512, 9/8/2003]
1.
Purpose and Intent. The purpose and intent of these regulations is
to protect the public health and safety of the citizens of the Borough
of Edinboro. Therefore, deviations from these regulations may be approved
when, in the opinion of the approving authority and/or the Erie County
Department of Health, such deviations are permitted, they shall be
made in strict compliance with the restrictions, limitations or conditions
which the approving authority may demand.
2.
Burning in a Proper Container Only. No person shall cause, suffer,
allow or permit burning except in a proper container. The height of
flame is not to exceed four feet.
3.
Leaves. Burning of leaves is prohibited. Composting shall be in accordance
with Borough regulations.
4.
Unattended Fires. No person shall cause, suffer, allow or permit
any burning unattended.
5.
Proximity of Fires to Streets, Alleys, Buildings and Business Districts.
No person shall cause, suffer, allow or permit burning within 12 feet
of any building or on any street or alley. Likewise, no person shall
cause, suffer, allow or permit burning within any business district.
Exception: chimeneas, grills.
6.
Smoke Nuisance. It shall be unlawful to create a smoke nuisance to
adjoining properties.
7.
Time Restrictions. No person shall cause, suffer, allow or permit
burning before 7:00 a.m. or after 8:00 p.m. Exception: chimeneas,
grills and residential recreational campfires.
[Ord. 506, 12/2/2002]
1.
When it appears to the Borough and/or the Zoning Officer and/or a
designated representative that a violation of this Part has occurred,
an enforcement notice shall be issued. The enforcement notice shall
be sent to the owner of record of the parcel on which the violation
has occurred, to any person who has filed a written request to receive
enforcement notices regarding the parcel, and to any other person
requested in writing by the owner of record. The enforcement notice
shall state the following:
A.
The name of the owner of record, a designated operator and any other
person against whom the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this Part.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
The recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in this Part.
F.
Failure to comply with the notice within the time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions clearly described.
[Ord. 506, 12/2/2002; as amended by Ord. 560, 11/12/2007,
§ 3; and by Ord. 585, 9/12/2011]
1.
Zoning Officer and/or a designated representative has the right to
impose a specified fee for failure of an owner to comply with the
ordinance. Such fee shall be for curb side violations and for dumpster
violations, shall be in an amount as established, from time to time
by resolution of Borough Council, and shall include a penalty for
late payment.
2.
Any person, partnership or corporation who or which has violated
or permitted the violation 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.
