[Adopted 1-21-1976 by Ord. No. 6-1976; amended in its entirety 12-30-1987 by Ord. No. 4-1987 (Ch. 98, Art. I, of the 1987 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The residue from the burning of wood, coal, coke and other
combustible materials for the purposes of heating and cooking. It
shall not include the cinders produced in steam-generating plants.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimum amount of free liquid. It shall not include food
processing wastes from canneries, packing plants or similar industries
nor quantities of condemned food products.
The basic unit of collection, which can be a single-family
home, part of a double block, duplex or other multidwelling unit.
A natural person, firm, copartnership, association, corporation
or other type of business entity.
Garbage, ashes and rubbish as herein defined.
All waste materials not included in the definition of "garbage,"
except building rubbish from building construction or reconstruction,
street refuse, industrial refuse, dead animals, abandoned large machinery
or vehicles or such other waste materials as are not commonly produced
in homes, stores and institutions or cut-down trees.
A household which is owned or leased by a person who is 65
years of age or older.
A.
All refuse accumulated in the Borough of Larksville shall be collected, conveyed and disposed of by the Borough, and the cost of such service shall be paid for as provided in the schedule of fees set forth in § 430-5 hereof by the person producing the refuse or responsible for the existence or disposal thereof or for whom such refuse is removed. It shall be unlawful for any private collectors to collect, convey over any of the streets or alleys of the Borough or dispose of any refuse accumulated in the Borough, provided that this article shall not prohibit the actual producers of commercial or industrial refuse or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse if such producers or owners comply with all regulations of collection, conveyance and disposal prescribed in this article or made by Council under these terms.
B.
The collection and disposal of refuse in the Borough of Larksville
shall be under the supervision of the Council. The Council shall have
authority to pass by motion regulations to administer this article
concerning the days of collection, type of container and location
of collection and disposal, as it may deem advisable; and to change
and modify the same regulations as required by law, provided that
such regulations are not contrary to the provisions of this article
and said regulations are made solely to administer this article. An
aggrieved person shall have the right of appeal, against any regulations
made, to the Borough Council, which may confirm, modify or revoke
any such regulations.
C.
The collection and disposal of refuse for all households shall only
be made by the Borough collection services or its designated agent.
In no event may any residential premises use any private hauler for
disposal of garbage or rubbish other than the Borough collection services
or its designated agent. The responsibility for the payment of all
fees provided for under this article, shall be the responsibility
of the owner of the premises. This responsibility shall include all
fees pertaining to multifamily residences, including apartments, and
the owner shall be responsible to pay all fees for each residence/apartment
containing the multifamily dwelling unit or apartment building or
complex. All garbage fees for such buildings shall be on a per-apartment
or per-unit basis and shall be the responsibility of the owner of
the building.
[Amended 12-14-1999 by Ord. No. 7-1999]
A.
Separation of refuse. Garbage, rubbish and ashes shall be placed
and maintained in separate containers.
C.
Refuse containers.
(1)
All refuse shall initially be placed in thirty-gallon plastic bags
or similar watertight thirty-gallon containers. Other garbage receptacles
shall be made of metal or plastic, which must be watertight, and shall
be provided with a tight-fitting cover.
(2)
No person shall use for the reception of garbage a receptacle having
a capacity of more than 30 gallons.
(3)
All garbage receptacles shall be kept as sanitary as possible in
view of the use to which they are put and shall be kept in that condition
by the occupant after garbage is removed by the collector.
(4)
Ash receptacles shall be made of metal or plastic and shall have
a capacity of not more than one bushel.
(5)
Rubbish receptacles shall be made of metal or plastic containers
and shall have a capacity of not more than 30 gallons.
(6)
All refuse receptacles shall be provided by the owner, tenant, lessee
or occupant of the premises.
D.
All refuse receptacles shall be maintained in good condition. Any
receptacle that does not conform to the provisions of this article
or that may have ragged or sharp edges or any other defect liable
to hamper or injure the person collecting the contents must be replaced
by owner. Failure to comply may result in refusal to collect or in
the removal of the defective receptacle as refuse.
E.
Storing of refuse.
(1)
No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Borough unless it is in refuse containers for collection as defined in § 430-3 et seq., or other types of containers approved by regulations adopted by the Borough Council. No person shall throw or deposit any refuse in any stream or other body of water.
(2)
Any unauthorized or untimely accumulation of refuse on any premises
is hereby declared to be a nuisance and is prohibited.
(3)
Refuse shall be placed for collection only within 24 hours of the
scheduled collection day of the household unit.
(4)
It shall be unlawful for any person, other than the occupants of
the premises on which refuse receptacles are stored or the collector,
to remove the covers or any of the contents of refuse receptacles.
F.
Points of collection. Refuse receptacles shall be placed for collection
at ground level on the property, not within the right-of-way of a
street or alley, and accessible to and not more than 10 feet distant
from the side of the street or alley from which collection is made
unless approved by the Council and unless an additional payment of
the extra service is agreed upon by both parties.
A.
Frequency of collection. Refuse shall be collected once each week
unless otherwise regulated by Council after at least seven days'
notice to the public.
B.
Limitation on quantity. Each household unit shall be permitted to
place two plastic bag containers or other type of approved containers
of at least thirty-gallon capacity. If the household unit desires
to place an additional quantity, a member of that household must purchase
tags or other types of marker for the hereinafter designated cost
to permit the Borough to collect refuse in excess of the limit of
two thirty-gallon bags.
C.
Special refuse problems.
(1)
Contagious disease refuse. The removal of wearing apparel, bedding
or other refuse from homes or other places where highly infectious
or contagious diseases have prevailed should be performed under the
supervision and direction of the Health Officer. Such refuse shall
not be placed in containers for regular collection.
(2)
Flammable or explosive refuse. Highly flammable or explosive materials
shall not be placed in containers for regular collection but shall
be disposed of as directed by the Council at the expense of the owner
or possessor thereof.
A.
The fees for the collection and disposal of refuse placed for collection
at ground level and not more than 10 feet distant from the side of
the street or alley from which collection is made shall be as follows:
(1)
Each household unit shall pay an annual fee of $150 for the collection
of household garbage, rubbish and ashes. If this fee is paid prior
to January 31 of any calendar year, the household unit shall be entitled
to a rebate of $50 per household permit.
(2)
Each household unit owned or leased by a senior citizen shall pay
an annual fee of $100 per calendar year. If this fee is paid prior
to January 31 of any calendar year, the senior citizen of the household
unit shall be entitled to a rebate of $25 per senior citizen household
permit.
(3)
The above fees shall be for the weekly collection of two thirty-gallon
bags. If any household desires to place more than two thirty-gallon
bags for weekly collection, it shall purchase from the Borough tags
or other markers for $1.50 for each additional bag that will be collected
on a weekly basis.
[Amended 12-21-1994 by Ord. No. 8-1994]
B.
All of the fees fixed by this section shall be payable in advance.
No rebate will be given for any payment made after January 31 of any
calendar year.
[Amended 12-21-1994 by Ord. No. 8-1994]
C.
All fees shall be considered delinquent if not paid by the 31st day
of January as provided for in this section. Thereafter all delinquent
accounts are subject to stoppage of refuse collection service without
notice. If a delinquent account is not paid within 15 days after notice,
the Council shall cease all refuse collection for that account. Service
shall be resumed thereafter only upon payment of the accumulated fees
for the period of collection and the period of noncollection, plus
$30, unless the Borough Council specifically directs otherwise. The
stoppage of services hereinabove authorized for nonpayment of collection
charges shall be in addition to the right of the Borough to proceed
for the collection of such unpaid charges by action in assumpsit or,
at the election on the Borough, in any other manner provided by the
law for the collection of a municipal claim. Any amendment of said
fee and discount shall hereafter by resolution of the Larksville Borough
Council.
[Amended 12-21-1994 by Ord. No. 8-1994]
[Amended 6-21-2005 by Ord. No. 5-2005]
Any person, whether as principal, agent or employee, violating
or assisting in the violation of any of the provisions of this article
or of any regulations made by the Council under the provisions hereof
shall, upon conviction thereof in a summary proceeding, pay a fine
of not less than $25 nor more than $300 and, in default of the payment
of such fine and costs of prosecution, shall be imprisoned in the
county jail for a period of not more than 30 days. Notice of said
violation shall be mailed by regular mail, first class, postage prepaid,
to an adult member of the household unit that is violating the provisions
of this article. After notice, each day's neglect to comply with
the provisions of this article or any such regulation shall be deemed
a separate offense and be subject to the same penalty in all respects
as first offense and separate proceedings may be instituted and separate
penalties imposed for each day's offense after their first conviction.
