[Ord. 75-1, 1/6/1975, § 1]
This Part shall be known as the "Refuse Ordinance."
[Ord. 75-1, 1/6/1975, § 2; amended by Ord. No. 2024-3, 6/3/2024]
As used in this Part, the following terms shall have the meanings indicated:
The residue resulting from the burning of wood, coal, coke or other combustible material.
Discarded furniture, large household appliances such as refrigerators, washing machines, bath tubs, sinks and commodes.
Solid waste resulting from the construction, renovation, or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block, and unsegregated concrete, but specifically excluding waste from land clearing, grubbing, and excavation, including trees, brush, stumps, and vegetative material.
The storage, collection, disposal or handling of refuse.
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
The singular shall include the plural and the masculine shall include the feminine and the neuter.
Any natural person, association, partnership, firm or corporation.
Those materials which may be processed or refabricated for reuse and which are specified by the Borough, or its designee, in Part 2 hereof or otherwise, for separation from the regular solid waste.
All solid wastes except body wastes and shall include garbage, ashes and rubbish.
Solids including, but not limited to, glass, metal, paper, nonputrescible wastes, and similar materials. It shall not mean any highly flammable or explosive material, construction waste, or recyclable material.
Organic materials that come from residential, commercial, retail, institutional, or industrial sources as part of maintaining yards or other private and public lands, including, but not limited to, grass, grass clippings, weeds, leaves, bushes, shrubs, and clippings from any of the foregoing. It does not include construction waste or clean wood.
[Ord. 75-1, 1/6/1975, § 3; amended by Ord. No. 2020-1, 3/2/2020; Ord. No. 2024-3, 6/3/2024]
1.
Refuse Preparation.
A.
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, water tight, easily washable containers, equipped with handles and tight-fitting covers.
B.
Ashes shall be stored in fire-resistant containers equipped with handles and tight-fitting covers. Ashes containing hot embers shall not be collected until they have been adequately quenched.
C.
Rubbish shall be stored in durable containers with tight fitting covers. Tree trimmings, hedge clippings, old newspapers and similar materials, which can not be conveniently placed in the aforementioned containers shall be baled, tied or sacked in compact bundles less than three feet in length and placed in a location easily accessible to the collector.
D.
Bulky rubbish shall not be allowed to accumulate on any premises except in containers which are approved by the Borough of Wrightsville in accordance with the specifications contained in this Part.
E.
No person shall place refuse in any street, alley or other public place or upon any private property within the limits of the Borough of Wrightsville unless it is placed in a proper refuse container for collection. Likewise, no person shall throw or deposit refuse in any stream or any body of water or in any quarry.
F.
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within 10 days after appropriate notice given by the Borough authorities shall be deemed a violation of this Part.
G.
Certain materials, such as scrap lumber and fire wood, may be stored and kept on the premises, but they shall be stored so that a minimum clear space of six inches above the ground surface is provided.
2.
Refuse Storage.
A.
General.
(1)
All refuse receptacles shall be provided by the owner, tenant or occupant of the premises, unless otherwise specified.
(2)
The storage of all refuse by residents of the Borough of Wrightsville shall be practiced so as to prevent the attraction, harborage or breeding of insects and/or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
B.
Individual Containers.
(1)
Individual containers utilized for the storage of refuse at household and other premises shall have the following physical characteristics:
(2)
Methods of use of individual containers:
(a)
Containers shall be kept tightly sealed or covered at all times. Refuse shall not protrude or extend above the top of the container.
(b)
The area around the containers shall be kept clean.
(c)
Reusable containers shall be kept in sanitary conditions at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
(d)
Containers shall be used and maintained so as to prevent public nuisances.
(e)
Containers that do not conform to the standard of this Part or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the waste hauler.
C.
Disposable Containers. Disposable containers such as paper and polyethylene bags shall be acceptable for storage of refuse, provided the following conditions are met:
(1)
Only those bags specifically designed for storage and collection shall be used.
(2)
Bags are protected against precipitation, animal damage and overloading to prevent littering or attracting of vectors.
(3)
Bags have holding strength capable of withstanding stresses until they are collected.
(4)
Bag opening is securely closed.
(5)
Bags containing garbage shall be used when in conjunction with and within a closed container.
D.
Bulk Containers. Bulk containers for commercial, industrial, and institutional refuse, including, without limitation, construction waste, shall meet the general and individual container requirements previously set forth except for size limitation. Bulk containers shall be sized according to the type and quantity of waste production, equipment-handling capabilities, and the frequency of collection. Construction waste shall only be disposed of in accordance with this bulk containers section, except for one item of construction waste that may be collected, at the Borough's sole and absolute discretion, on the Borough-designated collection day for bulky rubbish within the Borough, if any.
E.
Open Storage. Certain wastes of nondecomposable nature may be stored temporarily in a manner other than containerization:
(1)
In order to minimize littering, magazines, newspapers, wastepaper, and yard waste, when stored outside of containers, shall be tied securely in compact bundles less than three feet in length.
(2)
Tires and outsized wastes such as furniture and appliances shall be stored so that water accumulation and rodent harborage are prevented.
[Ord. 75-1, 1/6/1975, § 4; as amended by Ord. 86-3, 11/17/1986, § 1; and by Ord. 98-4, 9/14/1998]
1.
Place of Collection. For collection purposes, except where there is an agreement with the collector to the contrary, refuse containers shall be placed at ground level, on the property, not within the cartway of a street or alley and easily accessible from the side of the street or alley from which collection is made.
2.
Frequency of Collection. Garbage shall be collected at least once a week throughout the year.
3.
Time Limitations for Containers. Containers shall not be placed for collection of refuse prior to 6:00 p.m. the day before collection specified by the Borough and shall be removed by the end of the day of collection.
[Amended 3-2-2020 by Ord. No. 2020-1]
4.
With the exception of pickup days when the designated refuse collection containers are placed out for collection, the containers shall, at all times, be properly stored at the rear of the owner's premises, or in a side yard area not visible from the street, or in an interior garage area at all times.
[Added 3-2-2020 by Ord. No. 2020-1]
A.
An exception to this container storage requirement may be granted for good cause. To request an exception, the property owner must complete a form obtained from the Borough, through which the requestor must specify, in writing, the good-cause basis for the request and also describe the proposed alternative location on the property at which the requestor will properly store the container(s) on noncollection days. All requests for exceptions shall be signed by the requestor.
B.
A properly requested exception will be deemed approved when it is signed by an authorized representative of Wrightsville Borough.
[Ord. 75-1, 1/6/1975; as added by Ord. 86-3, 11/17/1986, § 2; as amended by Ord. 98-4, 9/14/1998]
1.
Only a person licensed by the Borough or contracting with the Borough may collect refuse within the territorial limits of the Borough of Wrightsville.
2.
A licensed collector is one who has been granted a license by the Borough for the specific purpose of collecting and disposing of refuse of commercial and industrial establishments in the Borough.
3.
The fee for such license shall be in an amount as established from time to time by resolution of Borough Council per year or fraction thereof, and all licenses shall be issued by the Council of the Borough of Wrightsville.
4.
Failure of a licensed collector to comply with the provisions of this Part shall, in addition to any other penalties herein provided, result in the revocation of his license.
[Ord. 75-1, 1/6/1975, § 5; as amended by Ord. 86-3, 11/17/1986, § 3; and by Ord. 2008-5, 11/17/2008]
All persons owning or occupying any residential unit within the Borough shall dispose of all refuse, designated recyclable materials and other municipal waste generated by each such unit only through the service of the collector contracting with the Borough. No person except the contractor designated as herein provided shall collect refuse from any residence for disposal. The contract for the exclusive right to collect refuse from such residences in the Borough and for the conveyance thereof shall be awarded, from time to time, for such period of time as shall be determined by the Borough Council, to the lowest responsible bidder, following the procedure prescribed by the Borough Code for awarding contracts. The person to whom such contract shall be awarded shall, before undertaking any of his duties hereunder, give bond to the Borough in the sum and with such security as the Council shall require, conditioned for the faithful compliance with the terms of the contract. This section shall not apply to person having need for or placing in excess of six containers allowed by this Part per collection for each separate occupancy or use, the collection of which may be made by a licensed refuse contractor under § 20-105 hereof.
[Ord. 75-1, 1/6/1975, § 7; as amended by Ord. 86-3, 11/17/1986, § 4]
No person shall hereinafter dispose of any refuse collected in the Borough, except by conveyance to a disposal facility operated by or contracted to the York County Solid Waste Authority.
[Ord. 75-1, 1/6/1975, § 8; as amended by Ord. 86-4, 11/17/1986, § 2; and by Ord. 98-4, 9/14/1998]
Any person, firm or corporation who shall violate any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not less than $20 nor more than $600 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 continues shall constitute a separate offense.
[Ord. 75-1, 1/6/1975, § 9]
1.
In any case where a provision of this Part is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, the provision which establishes a higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Part is found to be in conflict with a provision of any other ordinance or code of the Borough of Wrightsville existing on the effective date of this Part which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Part shall be deemed to prevail and such other ordinance or codes are hereby declared to be repealed to the extent that are found in conflict with this Part.
2.
If any section, subsection, paragraph, sentence, clause or phrase of this Part should be declared invalid, for any reason whatsoever, such decision shall not affect the remaining portions of this Part, which shall remain in full force and effect and, to this end, the provisions of this Part are hereby declared to be severable.
[Ord. 75-1, 1/6/1975, § 12; as added by Ord. 78-2, 1/9/1978; by Ord. 78-5, 6/5/1978, § 1; by Ord. 78-8, 12/4/1978, §§ 1, 2; by Ord. 79-4, 1/8/1979, §§ 1, 2; by Ord. 92-2, 12/7/1992, §§ 1, 2; by Ord. 95-1, 1/9/1995, § 1; Ord. 02-1, 2/4/2002; Ord. 2006-1, 2/6/2006; Ord. 2007-3, 4/11/2007; Ord. 2008-6, 12/1/2008; Ord. 2013-2, 9/16/2013; Ord. 2016-3, 8/1/2016; and by 3-2-2020 by Ord. No. 2020-1]
1.
There is hereby imposed on the owner of each property in the Borough generating refuse a monthly fee for the collection of refuse by the Borough of Wrightsville for each separate occupancy or use of said property. Where a residence is also in use in one or more additional uses, and the combination of uses generates six or fewer individual containers that comply with Section 103( 2)( B) of this Part, the owner of said property shall not be charged for more than one use; provided, the owner shall have requested such treatment in writing or shall have appeared before Borough Council, and provided further, that the operation of the separate use shall employ no other than a residential occupant of the premises.
2.
The actual amount of the currently applicable monthly collection fee will be specified in a refuse collection fee schedule adopted by resolution by Wrightsville Borough Council. The fee schedule may also include other special refuse collection fees, not to exceed $100,as approved by Borough Council. The refuse collection fee schedule may be periodically amended by resolution of the Borough Council.
3.
Said fee shall be payable upon the same date as sewer rentals and charges and shall be billed along with the sewer and water bills or otherwise, at the same time said bills are rendered by the Wrightsville Borough Municipal Authority. Failure of any person to receive bills for refuse service shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill is to be payable. If said fee shall not be paid within 21 calendar days after the date of the bill, an additional 10% penalty shall be added to such net bill for each separate occupancy or use, which bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such twenty-one-calendar-day period shall constitute payment within such period. If the end of such twenty-one calendar day period shall fall on a legal holiday or Sunday, payment may be made or mailed and postmarked on or before the next succeeding weekday which is not a legal holiday and shall constitute payment within such period.
4.
Fees imposed by this Part shall be a lien on the property served and such fees shall be delinquent shall be filed as a lien against the property, which lien shall be filed in the Office of the Prothonotary of York County, Pennsylvania, and shall be collected in a manner provided by law for filing and collecting of municipal claims.
5.
For purposes of this section, the word "property" shall include the real property upon which is erected or placed a building, mobile home or other structure fit for human habitation, whether occupied by the owner thereof or a third party.
[Added by Ord. 2008-5, 11/4/2008]
Effective November 4, 2008, Wrightsville Borough will institute a mandatory trash collection program for persons residing in residential dwellings from which solid waste is generated. Accordingly, all such affected persons must thereafter comply with the terms of this Part.
[Ord. 2006-5, 10/2/2006; as amended by Ord. 2008-4, 10/6/2008]
The following words and phrases, when used in this Part, shall have the meanings given to them in this section unless the context clearly indicates otherwise.
Empty, all-aluminum, non-aerosol beverage and food containers.
Non-aerosol food or beverage containers consisting of all steel or of ferrous sides and bottoms and an aluminum top (sometimes called "tin cans").
All corrugated or other cardboard normally used for packing, mailing, shipping or used to contain goods, merchandise or other material, but excluding plastic, foam, wax-coated or soiled cardboard.
An individual, partnership, firm, municipal authority, corporation or business entity licensed and designated by Wrightsville Borough Council as a person having a right and privilege to collect, haul, carry or remove municipal solid waste and/or recyclable materials from dwelling units and commercial establishments within the Borough.
Any establishment in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
The process in which organic solid waste is biologically decomposed under controlled anaerobic and aerobic conditions to yield a nuisance-free humus-like product.
A building containing one or more dwelling units. The term "dwelling" or any combination thereof shall not be deemed to include hotel, rooming house, motel, clubhouse, hospital or other accommodation areas for more or less transient occupancy.
One or more rooms in a residential building or in a mixed building, which are arranged, designed, used or intended for use by one or more persons living together and maintaining a common household and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
All empty bottles and jars made of clear, green or brown glass, but not including noncontainer glass, light bulbs, window or door plate glass, mirrors, porcelain and ceramic products.
All paper items generated primarily by offices and/or commercial establishments. This may include colored or white computer paper, copier paper, typing paper, letterhead paper, notepad paper and other similar office paper.
Facilities that house or serve groups of people, such as hospitals, schools, colleges, nursing homes and independent living or assisted-living communities.
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
Printed matter usually consisting of glossy pages bound in some fashion containing miscellaneous written pieces published at fixed or varying intervals, excluding all other paper products of any nature whatsoever.
A building containing three or more dwelling units (e.g., an apartment house).
Any school or public facility operated by Wrightsville Borough or other governmental or quasi-governmental authorities.
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and other matters of public interest, but not including glossy advertising inserts included with newspapers and not including magazines and periodicals and not including high-grade office paper.
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including but not limited to the Department of General Services and the State Public School Building Authority) or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. It shall also mean owner, lessee or occupant of a residential dwelling, commercial establishment or institutional establishment. In any provision of this Part prescribing a fine, imprisonment or penalty, or any combination thereof, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
Empty plastic soap, detergent or beverage containers, but not including plastic containers used for oils, solvents, chemicals or otherwise potentially hazardous materials, and not including any other plastic product.
The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of or processed as municipal solid waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery or reusable materials other than a fuel for the operation of energy.
The plastic container provided by Wrightsville Borough for the express purpose of storing recyclable materials for collection by a collector.
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste, nor composting facilities or resource recovery facilities.
Any dwelling, detached dwelling, group dwelling, multifamily dwelling, semidetached dwelling, one-family dwelling, townhouse dwelling, two-family dwelling or dwelling unit.
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or container gaseous materials. The term does not include coal ash, drill cuttings or source-separated recyclable materials.
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
[Ord. 2006-5, 10/2/2006]
Effective September 15, 2006, Wrightsville Borough will institute a mandatory collection program for source-separated recyclable materials from solid waste by persons residing in residential dwellings and commercial establishments from which solid waste is collected. Accordingly, all such affected persons must thereafter comply with the terms of this Part.
[Ord. 2006-5, 10/2/2006; as amended by Ord. 2008-4, 10/6/2008]
1.
Source-separated recyclable materials for residential dwellings and commercial establishments shall include aluminum cans, bimetal or steel cans, glass containers, plastic containers, newspapers, magazines, junk mail, mixed paper and aerosol cans.
2.
Source-separated recyclable materials for residential dwellings and commercial establishments shall be placed in recycling bins either at the public street or alley edge where solid waste is normally placed, but such materials shall be separated from solid waste set out for collection.
3.
At such times and dates as may be established by Wrightsville Borough, source-separated recyclable materials for residential dwellings and commercial establishments shall be collected once every week.
4.
Source-separated recyclable materials for residential dwellings and commercial establishments shall be prepared for collection as follows:
A.
All newspaper, magazines, junk mail and mixed paper shall be placed in brown paper bags or tied with string in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.
B.
Glass containers and plastic containers shall have caps and lids removed and discarded and said containers shall be rinsed free of contaminates.
C.
Aluminum cans and bimetal or steel cans shall be rinsed free of contaminates. Aerosol cans shall be empty.
D.
Glass containers and plastic containers, aluminum cans, bimetal or steel cans and aerosol cans shall be placed in the bin or bins provided by Wrightsville Borough. No solid waste shall be placed in a recycling bin.
E.
Source-separated recyclable materials shall not be placed at the street or alley side earlier than 7:00 p.m. on the evening preceding a scheduled collection day. Source-separated recyclable materials must be placed at the street or alley side by 7:00 a.m. on the scheduled collection day. The bundled newspapers and the recycling bins, containing glass containers and plastic containers and aluminum cans and bimetal cans, shall be placed at the street or alley side for collection adjacent to one another and clearly separated from containers of solid waste.
5.
Source-separated recyclable materials for residential dwellings and commercial establishments shall include leaf waste.
[Ord. 2006-5, 10/2/2006]
The owners, landlord or agent of an owner or landlord of multifamily dwellings shall establish a centralized collection system for source-separated recyclable materials. The centralized collection system must be submitted to Wrightsville Borough for review and approval. Source-separated recyclable materials for multifamily dwellings are identical to those of other residential dwellings. The centralized collection systems must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instruction to occupants concerning the use and availability of the centralized collection systems. Owners, landlords and agents who comply with this section shall not be liable for the noncompliance of occupants of their buildings.
[Ord. 2006-5, 10/2/2006]
Institutional and municipal establishments shall separate and store source-separated recyclable materials until collection. Source-separated recyclable materials for institutional and municipal establishments shall include high-grade office paper, aluminum cans and cardboard. These establishments shall arrange for the transfer of source-separated recyclable materials to a recycling facility. These establishments shall annually provide to Wrightsville Borough, by January 15, on a form provided by Wrightsville, evidence of such arrangement and documentation of the total number of tons of the source-separated recyclable materials that were recycled during the previous calendar year.
[Ord. 2006-5, 10/2/2006]
Wrightsville Borough reserves the right to enter into a collection contract with a collector for collection of all (or part) of the recyclable materials from Wrightsville Borough.
[Ord. 2006-5, 10/2/2006]
1.
No person, other than a collector licensed by Wrightsville Borough, shall collect or pick up or cause to be collected or picked up any recyclable materials from residential dwellings and commercial establishments that had been set aside for curbside pickup. Each such collection or pickup in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
2.
All collectors designated and licensed by Wrightsville Borough must, as a condition of their license, collect or pick up or cause to be collected or picked up any recyclable materials from residential dwellings and commercial establishments that had been set aside for curbside pickup.
[Ord. 2006-5, 10/2/2006]
1.
It shall be unlawful for:
A.
Any person to violate or to cause or to assist in the violating of any provisions of this Part concerning recycling.
B.
Any person to place or to cause to be placed any nonrecyclable materials in a recycling bin.
C.
Any person to hinder, to obstruct, to prevent or to otherwise interfere with Wrightsville Borough or a licensed and designated collector in the performance of any duty under this Part or in the enforcement of this Part.
D.
Any person to cause or to allow their pets to cause recycling materials to be scattered or spilled from recycling bins or bundles that have been placed for collection.
E.
Any person to remove a recycling bin from the property of a residential dwelling or commercial establishment or the public street or alley edge adjacent to said property.
F.
Any person to cause willful damage to and/or engage in the unauthorized use of recycling bins.
2.
All unlawful conduct set forth in this section shall constitute a public nuisance.
[Ord. 2006-5, 10/2/2006]
A collector may refuse to collect solid waste from any person who has clearly failed to source-separate recyclables designated under an applicable section of this Part.
[Ord. 2006-5, 10/2/2006]
Notwithstanding anything herein to the contrary, any resident of Wrightsville Borough may donate or sell any recyclable material to any other person; provided, however, that the person receiving the recyclable material does indeed recycle it and does not, under any circumstance, collect the donated or sold recyclable material from the curbside. All recycling bins and newspaper bundles placed at the curbside are deemed to contain recyclable materials intended for a licensed and designated collector.
[Ord. 2006-5, 10/2/2006]
1.
Nothing contained in this Part shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with the laws of the Commonwealth of Pennsylvania and in force in Wrightsville Borough on the effective date of this Part.
2.
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after adoption of this Part, unless such renewal or such contract shall conform to the requirements of this Part.
[Ord. 2006-5, 10/2/2006]
Any person, firm or corporation who or which shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $600, 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 shall constitute a separate offense.
[Ord. 2006-5, 10/2/2006]
In addition to any remedy provided in this Part, Wrightsville Borough may institute a suit in equity or order to enjoin any unlawful conduct undertaken in contravention of this Part or to compel persons to persons to comply with the requirements of this Part.