[Ord. 984, 11/5/1980, Section 1; amended by Ord. 1486, 12/20/1995,
Section 1; Ord. 1625, 5/22/2000, Section 1; Ord. 1734, 12/31/2002,
Section 1; Ord. 2012, 2/4/2013]
The following words, when used in this ordinance, shall have
the meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
The residue from the burning of wood, coal, coke or other
combustible materials for the purpose of heating or cooking.
As used in determining fees, penalties, discounts and delinquents,
basement level shall mean a location inside a building and not immediately
inside an unlocked door on ground level.
Woody material trimmed from trees or shrubs too large to
be placed for collection in organic materials carts. Such material
is processed by Municipal employees through a chipper for recycling
into compost or mulch.
Debris resulting from minor noncommercial repairs to a private
dwelling by the owner or occupant shall be classified as refuse or
riffraff.
Any and all refuse or residue resulting directly from building
construction, reconstruction, repair or demolition; from grading or
other incidental work in connection with any premises.
As used in determining fees, penalties, discounts and delinquents,
shall mean all premises in the commercial area of the Municipality
as set forth in the Zoning Map thereof served by municipal containers,
plus other premises served by municipal containers, as set forth in
§ 8-106 of this chapter.
A multifamily building which utilizes, for refuse collection
and disposal purposes, an approximate six- or eight-cubic-yard metal
box or boxes as a refuse container, which boxes are owned or provided
by the owner of the multifamily building or by the Municipality, and
located on the same or adjoining premises, into which all refuse from
the multifamily building is placed by the property owner or tenants
and which can be, and presently is, loaded mechanically by front-loading
type trucks.
A pile consisting of straw, cornstalks, hay, garden rubbish,
clean garbage, grass clippings, leaves, weeds, peat, sawdust and appropriate
limes and fertilizer for the purpose of improvement of soil. Compost
piles shall not be considered as being within the definition of garbage
or refuse as set forth herein.
The Department of Public Works of the Municipality.
Either an individual or two or more persons related by blood
or marriage, or a group of not more than three persons not related,
living as a single housekeeping unit in a dwelling unit.
The animal, fruit and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods and the residue
from fruit trees located on the premises. It shall not include more
than a minimum amount of free liquids. It shall not include food processing
wastes from industries, such as canneries or packing plants nor large
quantities of condemned food products.
Any refuse, the handling or disposal of which would constitute
a danger to municipal employees, municipal property or any handler
of such refuse, and shall include but not be limited to: acids, explosives,
highly combustible material and the like.
The bringing of refuse from a location where such refuse
is generated or accumulated, which location is outside the corporate
limits of the Municipality, into any location within the Municipality
for disposal of any type.
Any and all residue resulting directly from industrial or
manufacturing operation. It shall not include waste originating from
commercial operations or an industrial establishment. It shall not
include waste resulting from operations in connection with the construction
of buildings, building or repairing of streets or buildings, demolition
or excavation.
All waste material, garbage, trash, refuse, and other substances
including, but not limited to, cigarette butts, plastic and paper
wrappings which, if thrown, scattered, or deposited, as herein prohibited,
tends to injuriously affect public health, safety, and welfare or
tends to have a detrimental or unsightly impact on the environment.
The owner occupying any part of the premises or a tenant
or renter of such premises.
The owner of the premises within the Municipality or any
agency or other person employed by him to manage or maintain such
premises.
A natural person, firm, copartnership, association, school,
church, institution or corporation.
A building or group of buildings constituting a single property
and the lot or parcel of land on which such building or buildings
is located.
Garbage, ashes, rubbish, riffraff, commercial refuse, industrial
refuse, dead animals and building waste as herein defined.
A place of business where food, drinks or refreshments are
prepared and sold to customers primarily for consumption on the premises.
This term shall include, but not be limited to, an establishment known
as a cafe, lunch counter, cafeteria or other similar business but
shall not include a Restaurant (Class II). In a restaurant, any facilities
for carry-out shall be clearly subordinate to the principal use of
providing prepared foods for consumption on the premises.
Any establishment whose principal business is the sale of
food and beverages in a ready-to-consume state for consumption, either
within the building or for carry-out off the premises, and whose design
or principal method of operation includes the following: foods and
beverages usually served in disposable or edible containers; self-service
with customers expected to clean up after themselves; and posted menus.
All waste materials not included in the definition of "garbage,"
"ashes," or "rubbish" too large for collection in the ordinary containers,
as set forth herein, such as furniture, tanks, stoves and the like.
All waste materials not included in the definition of "garbage,"
"ashes" and "riffraff," except building rubbish from building construction
or recreation, industrial refuse, dead animals, abandoned large machinery
or vehicles or such other waste materials as are not commonly produced
in homes, stores and institutions.
One of a number of residential units within a common structure,
each of which occupies both the ground and second floor and has a
private, on-grade entrance.
[Ord. 984, 11/5/1980, Section 2; amended by Ord. 2012, 2/4/2013]
a.Â
All refuse accumulated in the Municipality shall be collected, conveyed
and disposed of by the Municipality.
b.Â
The cost of such service and the responsibility of payment therefor
shall be borne by the owner of premises from which said refuse is
collected or upon which premises said refuse is accumulated and disposed
of. In addition, the actual occupant of any such premises, as referred
to in the preceding paragraph, shall be responsible for the payment
of fees as hereafter specified and the Municipality may require payment
from either the owner, the occupant or any other person producing
refuse or responsible for the existence of disposal thereof or for
whom such refuse is removed. No agreement between an owner and occupant
or other person shall relieve the owner of any premises from liability
for payments as set forth hereinafter.
c.Â
Nothing in this section shall be deemed to prevent or prohibit the
use of garbage units discharging into sanitary sewers, which use,
however, shall not affect the schedule of fees or charges.
d.Â
It shall be unlawful for any person to collect, convey over any of
the streets or alleys of the Municipality or dispose of any refuse
accumulated in the Municipality in any manner not approved in this
ordinance or subsequent regulations.
e.Â
All persons within the Municipality shall dispose of collectible
refuse by the municipal collection service only and shall not transport
or dispose of refuse by any other means. The Department shall be responsible
for the collection and disposal of all refuse in the Municipality
and shall be under the supervision of the Director of Public Works.
He shall have authority to make regulations concerning the days of
collection, type and location of containers demanding special consideration
and not sufficiently covered in this ordinance, and such other matters
pertaining to the collection and disposal, as he may deem advisable,
which are not contrary to the provisions hereof. The decision of the
Director of Public Works may be appealed to the Municipal Manager
and to the Municipal Council, which may confirm, modify or revoke
any regulations.
f.Â
Collectors of refuse from outside the Municipality who desire to
haul over the streets of State College shall use a watertight vehicle
provided with a tight cover and so operated as to prevent offensive
odors escaping therefrom and refuse from being blown, dropped or spilled.
Such disposal shall be made outside the municipal limits.
g.Â
Ownership of refuse material set out for collection shall be vested
in the Municipality.
h.Â
It shall be unlawful and a violation of this ordinance for any person
to import refuse into the Municipality, as defined in § 8-101.
[Ord. 2012, 2/4/2013; amended by Ord. 2028, 11/18/2013, Section
1]
All properties served by individual cart collection shall be
provided carts by the Municipality for regular refuse and, at the
option of the resident or owner, for organic materials. Curbside organic
materials collection is provided by designated organics carts for
weekly collection, loose leaf collection during announced periods
in spring and fall, and brush chipping/collection on a call-in basis.
These materials shall be placed for collection not later than 7:00
a.m. on the scheduled collection day, shall be within three feet of
the curb and three feet from any obstruction, and shall not be in
any other container or corral. Materials should be prepared for collection
as follows:
a.Â
Regular refuse shall be placed in carts provided by the Municipality
for such collection. Lids must be closed on the carts to prevent the
disturbance or scattering of the materials by pests.
(1)Â
All rubbish, litter, cold ashes and small building debris shall
be drained of liquid and bagged before being deposited for collection
in the regular refuse container.
(2)Â
If not participating in separate organic materials collection,
all garbage must be drained of free liquids and closed in plastic
bags or paper bags before being deposited for collection in the regular
refuse container. No person shall deposit leaves or grass clippings
in a regular refuse cart for collection.
b.Â
If participating in separate organics collection, organic materials
shall be placed in carts provided by the Municipality for such collection,
and shall be placed within three feet of the curb for collection by
the Municipality. Lids must be closed on the carts to prevent disturbance
or scattering of the materials by pests.
(1)Â
All garbage, before being placed in the organics container for
collection, shall have drained from it all free liquids and must be
placed in the organics cart for collection.
(2)Â
Small hedge clippings, garden gleanings, waste from fruit and
nut trees, grass clippings, small quantities of leaves and small branches
that will fit shall be placed in the organics cart for collection.
c.Â
At-house collection may be arranged for regular refuse only, for
a single container per dwelling unit, and at an additional fee. Organic
materials placed for separate collection must be presented at the
curb for collection.
d.Â
Tree trimmings, hedge clippings and similar material shall be disposed
of as riffraff under § 8-108 if the same cannot be placed
in the organics cart for collection.
e.Â
No person shall permit any refuse to remain in any street, alley
or other public place or upon any private property, whether owned
by such person or not, within the Municipality, except it be in proper
receptacles for collection, unless such material is placed for riffraff
collection as bulky items under § 8-108 and proper arrangements
made for its collection.
f.Â
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and shall be deemed a violation of this
ordinance.
g.Â
It shall be unlawful for any person other than the occupants of the
premises on which collection carts are stored, or the collector, to
remove the covers of any of the carts or to remove the refuse stored
in such carts.
[Ord. 2012, 2/4/2013]
All properties served by commercial collection containers for
regular refuse shall prepare materials for collection as follows:
a.Â
All rubbish, litter, cold ashes and small building debris shall be
drained of liquid and bagged before being deposited for collection.
b.Â
Lids must be closed on the containers to prevent the disturbance
or scattering of the materials by pests.
c.Â
No person shall permit any refuse to remain in any street, alley
or other public place or upon any private property, whether owned
by such person or not, within the Municipality, except it be in proper
receptacles for collection, unless such material is placed for riffraff
collection as bulky items under § 8-108 and proper arrangements
made for its collection.
d.Â
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and shall be deemed a violation of this
ordinance.
e.Â
It shall be unlawful for any person other than the occupants of the
premises on which collection containers are stored, or the collector,
to remove the covers of any of the containers or to remove the refuse
stored in such containers.
f.Â
It shall be unlawful to park or place a vehicle such that the dumpster
container cannot be emptied by the collection crew of the Department.
Any person who parks or places a vehicle such that the dumpster container
cannot be emptied shall be in violation of this ordinance and subject
to the penalties contained herein.
[Ord. 984, 11/5/1980, Section 4; amended by Ord. 2012, 2/4/2013]
Compost piles not located within the front yard or side yard
of any lot shall be permitted on such lot or premises so long as the
said compost pile does not create a health hazard or nuisance.
[Ord. 984, 11/5/1980, Section 5; amended by Ord. 2012, 2/4/2013;
Ord. 2028, 11/18/2013, Section 2]
a.Â
A sufficient number of residential refuse and organic materials carts
shall be provided by the Municipality based upon the number of residential
units served. The owner or occupant of the dwelling served may select
from the available sizes of carts provided by the Municipality. All
carts shall remain the property of the Municipality.
b.Â
No cart shall be so filled that the lid will not fit tightly.
c.Â
It shall be the responsibility of the occupant of the premises to
keep all carts in a sanitary condition. All carts shall be maintained
in good condition, and property owners or occupants shall notify the
Department promptly of any maintenance needed on any cart.
d.Â
All refuse and organic materials carts shall be marked for identification
by the Municipality.
e.Â
More than one family or living unit on the same premises may use
the same carts but each family must pay the established rate as though
a separate container is being used.
f.Â
Commercial containers, owned and supplied by the Municipality, shall
be located at various locations throughout the commercial area of
the Municipality, as set forth in the Zoning Map. Such containers
may be located on municipal rights-of-way or on private property by
Agreement with the owners thereof. All owners, occupants and other
persons with rubbish to be disposed of shall dispose of such rubbish
in such containers and not otherwise transport rubbish from the premises
upon which the rubbish is to be removed. The Municipal Manager shall
designate which of such containers shall be used for which premises
and those persons disposing of rubbish from such indicated premises
shall use the said municipal-owned containers as designated and none
other.
g.Â
Outside the commercial area of the Municipality, commercial containers
shall be owned and supplied by the owners of the property, but must
be suitable for collection by the refuse collection equipment of the
Municipality. Placement of the commercial refuse container must be
approved by the Director of Public Works or his designee and must
be placed such that the container may be collected without manual
maneuvering of the container by municipal employees.
[Ord. 984, 11/5/1980, Section 6; amended by Ord. 1638, 10/2/2000,
Section 1; Ord. 1734, 12/31/2002, Section 3; Ord. 1740, 3/5/2003,
Section 1; Ord. 2012, 2/4/2013]
For the purpose of collection, refuse and organics carts shall
be placed within three feet of the curb, edge of alley or street pavement
and at least three feet from any obstruction. All carts placed at
the curb, street or alley for collection shall be removed from the
curb, street, or alley on the day of collection. Failure to remove
carts from the curb, street, or alley shall constitute a violation
of this ordinance, subject to the penalties contained herein. Refuse
may be placed for collection at other than street or alley locations
as provided for in § 8-103c.
[Ord. 984, 11/5/1980, Section 7; amended by Ord. 1740, 3/5/2003,
Section 2; Ord. 1914, 12/15/2008, Section 7; Ord. 2012, 2/4/2013]
a.Â
Frequency of Collection. The Municipal Manager is hereby authorized
to arrange rate schedules for public collection of refuse in the various
categories and sections of the Municipality.
The Municipal Manager is authorized to set up special collection
schedules for the removal of riffraff from all premises in the Municipality.
It shall be the duty of occupants of premises to notify the Department
of the kind and amount of riffraff to be collected.
The Municipal Manager is authorized to set up special collection
schedules for the removal of brush too large to fit in organic materials
carts from all premises in the Municipality. It shall be the duty
of occupants of premises to notify the Department when brush is placed
at the curb for collection.
b.Â
Limitation of Quantity. It is the intent of this ordinance that those
classified as commercial shall have their reasonable accumulations
of refuse collected at a fair charge base upon average weight of volume.
The Municipal Manager may make an additional charge for excessive
or unreasonable amounts.
Residential customers requesting other-than-street collection
of refuse are limited to no more than 90 gallons of refuse per week.
Customers with more than 90 gallons may place additional refuse in
containers approved by the Municipality, and placed at the street
or alley as determined by the collection practices from neighboring
properties, at no additional charge.
c.Â
Special Refuse Problems.
(1)Â
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 shall be performed under the
supervision and direction of the Health Officer. Such refuse shall
not be placed in any containers for regular collection.
(2)Â
Hazardous Refuse. Hazardous refuse shall not be placed in any
containers for regular collection but shall be disposed of as directed
by the Municipal Manager at the expense of the owner or possessor
thereof.
Special refuse problems shall be discussed by the occupant with
the Municipal Manager. In case of inability to reach an agreement,
the matter may be referred to the Municipal Council, whose decision
is final.
[Ord. 984, 11/5/1980, Section 8; amended by Ord. 2012, 2/4/2013;
Ord. 2028, 11/18/2013, Section 3]
Refuse or leaves may not be burned outdoors on the premises
in any manner whatsoever. It shall be unlawful for any occupant or
other person to start a fire of any description for any purpose except
within the building or other structure in a stove, furnace or fireplace
or other designed containers for fire. Outside incinerators of all
kinds are hereby declared unlawful and shall not be used for fire
or storage of refuse. Exceptions shall be construction firepots, charcoal
grills and fireplaces attached to and made a part of a dwelling when
the flue thereof extends upward higher than the highest portion of
the said dwelling. Other exceptions may be made by permit, which shall
be applied for to the Municipal Manager and shall be granted when
the circumstances reasonably require outside burning and do not present
a hazard or annoyance to persons or property. No such burning shall
be performed until after the granting of such permit.
Refuse or recycling materials may not be burned, indoors or
outdoors, except for small amounts of paper or cardboard used to start
a fire in a stove, furnace, fireplace or other designed containers
for fire.
[Ord. 984, 11/5/1980; amended by Ord. 1299, 12/19/1990, Sections
1, 2 and 3; Ord. 1398, 12/14/1992; Ord. 1432, 12/16/1993, repealed
Subsection "e" of this section; Ord. 1486, 12/20/1995;{10} Ord. 1556,
12/23/1997; Ord. 1647, 12/21/2000; Ord. 1723, 12/23/2002; Ord. 1735,
12/23/2002; Ord. 1740, 3/5/2003, Section 3; Ord. 1745, 4/24/2003;
Ord. 1831, 12/20/2005, Section 1; Ord. 1884, 12/17/2007, Section 1;
Ord. 1914, 12/15/2008, Section 8; Ord. 2012, 2/4/2013; Ord. 2028,
11/18/2013, Section 4]
a.Â
Fees.{5} The fees and payment schedule for the collection and disposal
of refuse shall be as approved by the Council of the Municipality
on an annual basis. Volumes of commercial refuse using shared municipal
containers shall be estimated based on the type and size of business.
Volumes of commercial refuse using privately-owned containers shall
be based on the average weekly collection amount from such containers.
b.Â
Refunds and Allowances. Refunds and allowances will be granted upon
application by the property owner and/or tenant on no less than a
quarterly basis and only for discontinuance of service for a subsequent
full quarter or more.
A discontinuance of service may be allowed only when proof has
been given to establish that the premises will be vacant during such
period of time. If such discontinuance of service is during the then-calendar
year and payment in advance has been made, a proportionate refund
will be made and, if such discontinuance is during a following calendar
year, a proportionate allowance or deduction will be granted.
Other refunds or allowances maybe made in meritorious and deserving
cases presented by written request to the Municipal Council, which
may, after hearing and discussion, make such refunds or allowances
as it deems reasonable.
All refunds and allowances will be based upon the fee schedule
in effect at the time service is discontinued.
c.Â
Delinquent Accounts. All accounts shall be considered delinquent
if not paid by the due date shown on the statement. Delinquent accounts
will have a 1% penalty added to the unpaid balance for each month
the account is delinquent for a maximum penalty of 12% per annum.
If a delinquent account is not paid within six months, the Municipal
Manager or his/her designee may refer the account to the Municipal
Solicitor with instructions to proceed with the collection of such
unpaid account by an action in assumpsit or in any other manner provided
by law for the collection of municipal claims and charges.
[Ord. 984, 11/5/1980, Section 1; amended by Ord. 1432, 12/16/1993,
Section 3; Ord. 1625, 5/22/2000, Section 2; Ord. 1889, 12/17/2007,
Section 5; Ord. 1984, 2/6/2012, Section 1; Ord. 2012, 2/4/2013; Ord.
2092, 3/20/2017, Sections 1 and 2]
a.Â
No person shall throw, place, deposit, leave, or cause or permit
the dumping, depositing, placing, throwing, or leaving of litter or
other refuse on any sidewalk, street, alley or public place. Any person
failing to comply with this provision shall be in violation of this
ordinance and subject to receiving a violation notice issued by an
authorized agent of the Borough.
b.Â
Persons owning, renting and/or occupying property shall keep the
sidewalk in the front, side(s), and rear of their premises as well
as the premises free of litter. No person shall sweep or deposit litter
into any gutter, street, or other public place within the Borough
from any building or from any public or private sidewalk or driveway.
c.Â
Persons owning or occupying places of business within the Borough
shall clean their premises and sidewalk in the front, side(s), and
rear of their businesses and keep them free of litter. No person owning
or occupying a place of business shall sweep or deposit litter into
any gutter, street, or other public place within the Borough or from
any public or private sidewalk or driveway.
d.Â
Upon the discovery of the initial violation on a premises, the authorized
agent of the municipality may give a verbal order or a written notice
of warning to the owner, and/or occupant(s) and/or person in charge
(or either of them as the case may be), of such violation. Should
a verbal order or a written notice of warning be issued, the owner
and/or occupant(s) and/or person in charge shall then have 24 hours
to abate such violation. If after a period of no less than 24 hours
the municipality's authorized agent observes that the violation
on the premises has not been abated, the agent may then issue an ordinance
violation or citation to the owner and/or occupant(s) and/or person
in charge. The authorized agent of the municipality shall not be required
to first issue a written notice of warning for each initial and/or
separate offense on a premises prior to issuing a violation notice
or a citation, or filing a citation in accordance with § 8-114
of this ordinance.
[Ord. 984, 11/5/1980, Section 12; amended by Ord. 1432, 12/16/1993,
Section 4; Ord. 2012, 2/4/2013]
No empty boxes, barrels or rubbish of any kind whatsoever shall
be left upon any pavement, sidewalk, street or alley within the Municipality,
and any person or persons being keeper of any store, office or shop,
or occupant of any other building violating any of the provisions
of this section and not removing or causing the removal of any such
material or articles, when adjacent to or in front of any property
occupied by him, her or them, upon notice by the Municipal Manager,
the Manager's designee, or any Police Officer of the Municipality,
shall be subject to the fines and penalties given in § 8-114
of this chapter. The prohibition against leaving empty boxes, barrels
and rubbish upon any pavement, sidewalk, street or alley shall not
apply to boxes, barrels or cases containing goods, wares, merchandise
or fruits, etc. for such space of time as may be necessary in order
to remove the contents thereof and thereupon to remove said boxes,
barrels or cases.
[Ord. 984, 11/5/1980, Section 13,{40}; amended by Ord. 1432,
12/16/1993, Section 5; Ord. 1625, 5/22/2000, Section 3; Ord. 1889,
12/17/2007, Section 5; Ord. 2012, 2/4/2013]
It shall be the duty of the Municipal Manager, or the Manager's
authorized agent, to enforce the provisions of this ordinance, whether
on public or private property, upon their own observation or knowledge.
In addition to any other penalties, if any owner and/or occupant neglects
or refuses to remove litter or other refuse as required in this ordinance,
the Municipal Manager may remove or cause to be removed the litter
or other refuse and the cost of removing the litter or refuse plus
20% shall be collected by the Municipality. Upon failure to make payment
of the entire amount due within 30 days from the date of the billing
for said removal, the Municipality may enter a lien, as provided by
law. This right, as herein prescribed in the Municipality, shall be
in addition to penalties prescribed by § 8-114 of this chapter.
[Ord. 984, 11/5/1980, Section 14{50}; amended by Ord. 1432,
12/16/1993, Section 6; Ord. 1625, 5/22/2000, Section 4; Ord. 1642,
12/11/2000, Section 1; Ord. 1889, 12/17/2007, Section 5; Ord. 1984,
2/6/2012, Section 1; Ord. 2012, 2/4/2013; Ord. 2092, 3/20/2017, Section
3]
a.Â
Upon the discovery of any violation under the terms of this Part,
the municipality shall, through its authorized agents, give notice
to the owner, or occupant(s) or person in charge of the premises (or
either of them, as the case may be), of a violation hereunder, either
by personal delivery, or by United States mail directed to the last
known address of such person or persons, as shown in the real estate
registry records of the municipality, or by leaving the same on the
premises where such violation occurs. If such person shall, within
seven days after delivery, mailing or leaving of such violation notice,
pay to the Treasurer of the municipality the sum of $100 for the violation,
the same will constitute full satisfaction for the violation noted
in said notice. The penalty for violation of § 8-107, Points
of Collection, leaving refuse and organics carts at the curb, street
or alley after the day of collection, shall be $25. The failure of
such person to make payment, as aforesaid, within seven days, shall
render such owner subject to the penalties as provided in Subsection
b. Nothing within this Part shall preclude the Municipal Manager or
the Manager's authorized agent, in enforcing any provision of this
Part, from immediately issuing a violation notice or a citation or
filing a citation before a Magisterial District Judge against the
owner, person in charge, or the occupant(s) of a premises (or either
of them, as the case may be) for repeated or initial egregious violations,
regardless of whether a written notice of warning was previously issued.
[Amended by Ord. No. 2124, 1/14/2019]
b.Â
Any person found guilty of violating provisions of this ordinance
shall be fined not less than $300 nor more than $1,000 for the first
offense, and not less than $600 nor more than $1,000 for the second
offense, and $1,000 for the third and subsequent offense in any one-hundred-eighty-day
period and, upon failure to pay such fine, shall be sentenced to jail
for a term not to exceed 30 days for each offense.
c.Â
A penalty provided for under this ordinance may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
d.Â
Each act of violation and every day upon which such violation occurs
shall constitute a separate offense.
[Ord. 1256, 10/6/1989, Section 1]
This ordinance shall be known as the State College "Recycling
Ordinance" and the same may be cited in that manner.
[Ord. 1256, 10/6/1989, Section 2]
The Council of the Borough of State College, recognizing that
the reclamation of recyclable materials has become an important method
for addressing the growing solid waste disposal problem through conservation
of landfill space, preservation of natural resources and a reduction
in energy consumption, does hereby authorize the storage, collection,
and transportation of recyclable materials in accordance with the
provisions of the Municipal Waste Planning, Recycling and Waste Reduction
Act (No. 101),[1] the Centre County Solid Waste Management Plan and this
ordinance. This ordinance is intended to be an integral part of an
overall system designed to facilitate recycling and foster the cooperation
of the residents.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Ord. 1256, 10/6/1989, Section 3; amended by Ord. 1375, 6/22/1992,
Section 1; Ord. 2028, 11/18/2013, Section 6 and 7]
The following words and phrases, when used in this Ordinance,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Empty all-aluminum beverage and food containers.
The Centre County Recycling and Refuse Authority.
Empty beverage or food containers consisting of steel and
aluminum.
For purposes of collecting and transporting recyclables,
means the Borough of State College or its agent.
Any premise engaged in retail trade or sale of goods. Expressly
included are all restaurants and taverns, all industrial or manufacturing
businesses and all types of offices.
Church, school, civic, service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
A single unit providing complete, independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
MULTIFAMILY HOUSING FACILITYA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
ONE-FAMILY DWELLINGA building containing one dwelling unit only.
TWO-FAMILY DWELLINGA building containing two dwelling units only.
Any items covered by the Covered Device Recycling Act of
2012,[1] plus any item also identified by the Authority for recycling
rather than disposal.
The official designated herein or otherwise charged with
the responsibilities of administering this ordinance, or the official's
authorized representative.
Bottles and jars made of clear, green or amber glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal and porcelain and ceramic products.
Blades or leaves of grass cut from cultivated lawns.
Plastic bottles and jars made exclusively from high-density
polyethylene, such as milk and water jugs.
All white paper, bond paper, and computer paper used in commercial,
institutional and municipal establishments.
Leaf wastes and grass clippings composted by the Borough
for use as a soil conditioner by residents.
Those facilities that house or serve groups of people such
as hospitals, schools and universities, day-care centers and nursing
homes.
Includes, but not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants.
Printed matter printed on slick or glossy paper containing
contaminants not found in newsprint.
See "Dwellings."
Public facilities operated by the Borough of State College
and other governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semi-solid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities.
Also included is any sludge not meeting the definition of residual
or hazardous waste in the Solid Waste Management Act from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facility. The term does not
include source-separated recyclable materials.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers as well
as newspapers which have been soiled.
Any person (including domestic service employees) living
and/or sleeping in a dwelling unit.
Any individual, partnership, municipal waste hauler, scrap
dealer, corporation, association, institution, cooperative enterprise,
municipality, municipal authority, Federal Government or agency, State
institution or agency, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this ordinance prescribing a fine, imprisonment or penalty, or
any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
Plastic soda bottles or other containers composed of the
polymer PET.
Any used material having an economic value in the secondary
materials market. This term includes but is not limited to the following
materials: aluminum cans and articles, bimetal cans, glass containers,
corrugated paper, magazines, computer printout paper, computer tab
cards, high-grade office paper, steel cans, newspaper, paper products
not chemically coated, plastic polyethylene terephthalate (PET) bottles,
plastic high density polyethylene (HDPE) containers and other materials
designated by the Centre County Solid Waste Authority as having value.
The term also includes grass clippings and leaves.
Garbage, ashes, rubbish, riffraff, commercial refuse, industrial
refuse, dead animals and building waste.
Empty all-steel food and beverage containers.
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[Ord. 1256, 10/6/1989, Section 4; amended by Ord. 1375, 6/22/1992,
Section 2]
Those recyclable materials separated under the provisions of
this Ordinance shall not be considered municipal waste and shall not
be subject to provisions of those ordinances which require disposal
of municipal waste at designated facilities. This exemption applies
to recyclable materials collected by the Borough or its agent.
The Borough or its agent, as the collector of recycling materials,
shall be exempt from all provisions of ordinances which require disposal
of municipal waste by licensed haulers. Recyclables separated, stored,
collected or delivered in any manner other than that approved by the
Borough or the Centre County Solid Waste Authority for materials intended
for the Authority's intermediate processing plant, shall be considered
municipal waste and be subject to the provisions of the appropriate
ordinance.
[Ord. 1256, 10/6/1989, Section 5; amended by Ord. 1375, 6/22/1992,
Section 3; Ord. 2028, 11/18/2013, Section 7]
The Council of the Borough hereby establishes a mandatory program
for the separation of recyclable materials from municipal waste by
all persons within the Borough. In doing so, the Borough officially
becomes a participant in the Centre County Solid Waste Authority's
Recycling Program, for which the Authority is the implementing agency.
The recycling program is mandatory and occupants are responsible
for the separation of recyclable materials from solid waste and the
preparation and placement of recyclables at curbside. Recyclable materials
may also be delivered to established drop-off sites.
Following implementation of the residential curbside collection
and drop-off facility programs within the Borough, the recycling program
will be expanded to include multifamily housing facilities as well
as commercial, institutional and municipal establishments and community
activities. Immediately following program initiation, all affected
persons will be governed by the provisions of this ordinance.
All recycling containers placed at the curb, street or alley
for collection shall be removed from the curb, street, or alley on
the day of collection.
[Ord. 1256, 10/6/1989, Section 6]
No person shall place a used, lead acid battery in mixed municipal
solid waste, discard or otherwise dispose of a lead acid battery,
except by delivery to an automotive battery retailer or wholesaler
to a secondary lead smelter permitted by the Environmental Protection
Agency, or to a collection or recycling facility authorized under
the laws of the Commonwealth.
[Ord. 1256, 10/6/1989, Section 7; amended by Ord. 1375, 6/22/1992,
Section 4]
a.Â
Leaf Waste. Leaf waste shall be recycled and may not be placed for
regular refuse collection. All persons who reside in one- and two-family
dwellings and all persons who are responsible for the administration
of multifamily housing properties, commercial, municipal and institutional
establishments, who gather leaves, shall separate all leaf waste from
other waste and place it for collection at the times and in the manner
theretofore or hereafter prescribed by the Borough. Nothing herein
shall require any person to gather leaf waste or prevent any Borough
resident or occupant from utilizing leaf waste for compost, gardening
or other similar purposes.
b.Â
Grass Clippings. Grass clippings shall be recycled and may not be
placed for regular refuse collection. All persons responsible for
grass cutting are encouraged to recycle the clippings on the lawn
as mulch. All grass clippings not left on the lawn or privately composted
shall be deposited in Borough-designated grass recycling drop-off
locations. No branches, tree, brush or hedge trimmings or other non-grass
materials are permitted at the drop-off locations. Grass recycling
drop-off locations are exclusively for the use of Borough residents
and businesses for grass originating in the Borough. Persons seeking
to deposit grass clippings at the recycling drop-off locations may
be required to prove residency.
c.Â
Leaf and Grass Humus (Compost). The Borough may choose to provide
humus from recycled grass and leaves at the grass recycling drop-off
locations. Humus at the grass recycling drop-off locations is for
Borough residents only. Persons seeking to remove humus may be required
to prove residency.
[Ord. 1256, 10/6/1989, Section 8; amended by Ord. 1375, 6/22/1992,
Section 5]
It is understood that any recyclables located at the curbline,
in drop-off sites or in storage bins associated with commercial, municipal,
institutional or multifamily housing establishments, are the property
of the Borough or its agent.
It shall be a violation of this Ordinance for any person(s)
to collect or remove, or cause to be collected or removed, any such
recyclable materials specified in this ordinance or the Centre County
Solid Waste Authority's rules and regulations, unless authorized
by the Borough. Each such collection in violation hereof shall constitute
a separate and distinct offense, punishable as outlined in § 8-212
of this chapter.
[Ord. 1256, 10/6/1989, Section 9; amended by Ord. 1375, 6/22/1992,
Section 6]
The Borough Manager or his/her designee shall enforce and administer
the provisions of this ordinance.
[Ord. 1256, 10/6/1989, Section 10; amended by Ord. 1375,
6/22/1992, Section 7]
The Borough may, from time to time, enter into an Agreement(s)
with the Centre County Solid Waste Authority for the Authority to
provide for the collection of all or part of the recyclable materials
from curbside, drop-off or other designated locations.
[Ord. 1256, 10/6/1989, Section 11; amended by Ord. 1375,
6/22/1992, Section 8]
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in drop-off facilities or storage bins or similar authorized locations
for collection by the Borough or its agent.
[Ord. 1256, 10/6/1989, Sections 12, 12-1, 12-2, 12-3, and
12-4;{60} as amended by Ord. 1296, 11/20/1990; Ord. 1375, 6/22/1992,
Section 12; Ord. 1642, 12/11/2000, Section 2; Ord. 1889, 12/17/2007,
Section 5]
a.Â
Upon the discovery of any nonparticipation or violation of the terms
of this Ordinance or of Regulations governing the collection of recyclables,
the Borough or its agent shall give notice to the owner or occupant
(or either of them as the case may be) of a violation hereunder, either
by personal delivery to such owner or occupant, by United States mail
directed to the last known address of such person or persons, as shown
in the real estate registry records of the municipality, or by leaving
the same on the premises where such violation occurs.
If such person shall, within seven days after the delivery,
mailing or leaving of such notice, pay to the Finance Department of
the Borough the sum of $50 for the violation, the same will constitute
full satisfaction for the violation in said notice. Exception: The
penalty for leaving recycling containers at the curb after the day
of collection shall be $25.
The failure of such person to make payment, as aforesaid, within
seven days, shall render such person subject to the penalties, as
provided in § 8-212b of this chapter.
Nothing contained in this section shall affect, in any way,
the provisions of this ordinance regarding separate offenses for every
day any violation occurs.
[Amended by Ord. No. 2116, 8/20/2018]
b.Â
Fines for Non-participation or Non-payment. On neglect or refusal
of the occupant of any dwelling serviced by curbside recycling collection,
a multifamily housing program, or a commercial, municipal, or institutional
program to separate recyclable materials from municipal solid waste
and place them at curbside or sites established by the Borough, or
pay the penalty or penalties specified in § 8-212a of this
chapter, that person shall, upon conviction of such default, neglect
or refusal, pay a fine of not less than $100 nor more than $600 together
with the costs of prosecution, to be collected as now provided by
law. Each violation shall constitute a separate offense.
c.Â
Unauthorized Collection. If any unauthorized person, firm, corporation
or other entity, collects or removes or causes to be collected or
removed any recyclable materials in violation of the provisions of
this ordinance, such person, firm, corporation or other entity shall,
upon conviction by a District Justice in a summary proceeding, be
subject to a fine of not less than $100 and not more than $600, together
with the costs of prosecution. Upon judgment against any such Defendant
by summary conviction, on default of the payment of the fine or penalty
imposed and the costs, such Defendant may be sentenced and committed
to the County Jail for a period not exceeding 30 days. Each day of
a violation shall constitute a separate and distinct offense and shall
be subject to separate summary proceedings before a District Magistrate,
and subject to the penalty imposed by this section for each and every
day such violation shall continue.
d.Â
Pilfering of Collection Containers. If any person is responsible
for pilfering of collection containers issued to a residence slated
for either curbside collection or any other phase of the Recycling
Program, such person shall, upon conviction by a District Magistrate
in a summary proceeding be subject to a fine of not less than $100
nor more than $300, together with the costs of prosecution. Upon judgment
against any such defendant by summary conviction, on default of the
payment of the fine or penalty imposed and the costs, such Defendant
may be sentenced and committed to the County Jail for a period not
exceeding 30 days. Each day of a violation shall constitute a separate
and distinct offense and shall be subject to separate summary proceedings
before a District Magistrate, and subject to the penalty imposed by
this section for each and every day such violation shall continue.
The affected resident will be responsible for replacing any missing
container through purchase from the Centre County Solid Waste Authority.
e.Â
Illegal Deposits at Grass Recycling Drop-off Locations. Any person
depositing materials at or removing humus from the grass recycling
drop-off locations in violation of this ordinance shall, upon conviction
by a District Justice in a summary proceeding, be subject to a fine
of not less than $25 nor more than $600, together with the costs of
prosecution. Upon judgment against any such defendant by summary conviction
on default of the payment of the fine or penalty imposed and costs,
such defendant may be sentenced to the County Jail for a period not
exceeding 30 days.
