[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:
ASHES
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.
GARBAGE
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.
HOUSEHOLD
The basic unit of collection, which can be a single-family home, part of a double block, duplex or other multidwelling unit.
PERSON
A natural person, firm, copartnership, association, corporation or other type of business entity.
REFUSE
Garbage, ashes and rubbish as herein defined.
RUBBISH
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.
SENIOR CITIZEN
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.
B. 
Preparation of refuse.
(1) 
All garbage, before being placed in containers for collection, shall have drained from it all free liquids and may be wrapped in paper.
(2) 
All rubbish shall be drained of liquid before being deposited for collection.
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.