CROSS REFERENCES
Power to provide for garbage collection — See
3rd Class Sec. 2403(6) (53 P.S. Sec. 37403(6)).
Rubbish hauling contractors — See BUS. REG.
Art. 315.
Garbage prohibited in sanitary sewer — See S.U.
and P.S. 931.06.
Garbage deposit in City waters prohibited — See
S.U. and P.S. 975.01.
[Ord. 15-1994 § 2, passed 2-16-1994; Ord. 6-2003, passed 1-8-2003]
(a)
RESIDENTIAL REFUSE — Includes the common definition of garbage
and rubbish produced in the ordinary conduct of housekeeping. Commercial
and industrial wastes are not included in the definition, and shall
not be collected by the City. Residential buildings with more than
four units in a building may be served by the City's refuse-collection
system upon recommendation of the Department of Public Works, Property
and Parks. No residential building of four units or fewer may be served
by a private refuse collection service outside of the City collection
system. Furthermore, the following types of refuse shall not be collected
as residential refuse:
(1)
Appliances other than small, hand-held items;
(2)
Carpeting, unless cut into small parts and bagged;
(3)
Flammable items and liquids;
(4)
Furniture;
(5)
Glass, nonrecycled types, whether broken or whole unless securely
wrapped in cloth or paper to prevent injury;
(6)
Mattresses, box springs;
(7)
Metals, other than foils or thin sheet metals incorporated into
small items discarded;
(8)
Paint, gasoline or other types of cans containing hazardous
or caustic substances;
(9)
Recyclables, as defined in Article 958, which are separately
collected, including newspapers and compost items;
(10)
Automotive tires and parts;
(11)
Unbagged items;
(12)
Excessively heavy or hazardous items, such as exposed needles
and other sharp objects, and any bags in excess of 50 pounds;
(13)
Dead animals other than insects and very small birds, fish,
mice, etc.;
(14)
Construction and demolition waste other than small amounts of
nonhazardous materials from homeowners; and
(15)
All other types of waste excluded from the definition of "household refuse" set forth in Section 958.02(a)(10).
(b)
Other terms defined in Article 958 are so defined in this article
by reference.
[Ord. 15-1994 § 3, passed 2-16-1994]
The residential refuse of the City, along with recyclables and
compost items, are collected under the direction of the Department
of Public Works, Property and Parks by the Bureau of Refuse and Recycling.
[Ord. 15-1994 § 4, passed 2-16-1994]
No person shall remove or convey, or cause or permit to be removed
or conveyed any residential refuse, recyclables or compost upon or
along any public street or other public place in the City. However,
the provisions of this section shall not apply to any person in the
employ of the City who shall be assigned the work of collection and
disposal of any residential refuse, recyclables or compost, or to
any person with whom the City has entered into a contract for the
collection, removal and disposal of any residential refuse, recyclables
or compost, or to any employee of such contractor, during such time
as such contract shall be in force.
[Ord. 15-1994, § 5, passed 2-16-1994]
(a)
It shall be the duty of every owner, tenant, occupant or other householder
of a residential property, or apartment within a residential building
of four units or less, to provide and keep, or cause to be provided
and kept, receptacles for holding refuse as provided in this article,
as well as Articles 1115 and 1125 of the Codified Ordinances.
(b)
Each receptacle shall be a rigid container, constructed of rust-resistant
metal or plastic, shall be watertight, shall contain not less than
three nor more than 35 gallons, and shall be provided with outside
handles and a tight fitting cover. The cover shall not be removed
except for the deposit or removal of refuse.
(c)
All householders shall drain garbage or other residential refuse
of all liquids, and place it in paper or plastic bags, which shall
be stored in the receptacles previously described until the designated
day of refuse collection.
(d)
On the designated weekly collection day, all householders shall deposit
at the curbside or edge of the street either the receptacles containing
securely bagged refuse, or securely bagged refuse itself. Each householder
shall make all reasonable efforts to insure that the refuse to be
collected does not become waterlogged, or that the bags are not torn
or disintegrated before collection. Loose or spilled refuse shall
not be collected, and, if left more than one day after the collection
day, shall be considered a violation of this article as well as any
other littering or housing ordinance provisions.
[Ord. 15-1994, § 6, passed 2-16-1994]
No person other than the owner or an officer or employee of
the City, or an employee of the person holding a contract with the
City for the collection, removal and disposal of refuse, shall interfere
in any manner with any such can or plastic bag, or the contents thereof,
or remove any such can or plastic bag from the location where the
same was placed by the owner thereof, or remove the contents of any
such plastic bag or rigid container.
[Ord. 12-1998, passed 4-22-1998.]
No person shall cause or permit to be deposited any refuse upon
or in any public street, alley, vacant lot or other public places
in the City. However, garbage and rubbish in approved containers or
bags should be placed alongside the curb or paved portion of the street,
without obstructing traffic, at any time during the regular collection
day for such property. Placement of such garbage, rubbish or other
refuse prior to 24 hours before the end of the collection day shall
be punishable under the penalty provision of this article.
[Ord. 58-1997, § 2, passed 9-17-1997]
The Housing Inspector or any other officer or employee of the Division of Housing Inspection shall enforce the provisions of Section 951.06 and shall institute the prosecution of all persons violating any of the provisions of same. The Housing Inspector may designate and promulgate such rules and regulations as may be necessary to carry out the provisions of Section 951.06. Not more than one warning of a violation to any offender in one year may be issued before a citation must be written.
[Ord. 7592 § 8, passed 8-23-1932; Ord. 41-1991 § 2, passed 5-22-1991]
Nothing in this article shall be deemed to conflict with or
repeal any portion of any ordinance regulating the removal, disposal
or conveyance of market refuse, dead animals, or rubbish, but any
such ordinance shall be so construed as to give effect to every provision
thereof, and each shall be deemed to be independent of the other.
[Ord. 6-2003, passed 1-8-2003; Ord. 5-2014, passed 2-5-2014; Ord. 83-2019, passed 12-18-2019]
(a)
There is hereby imposed a garbage and refuse collection fee of $272.38
per year for each dwelling containing not more than four dwelling
units. The collection fee of $272.38 shall be assessed against each
dwelling unit and billed on a quarterly basis.
[Amended by Ord. No. 63-2022, passed 12-7-2022]
(b)
A discount of 10% on the refuse collection fee, on their primary
residence, shall be established for all senior citizens who are eligible
for prescription drug discounts under the P.A.C.E. program of the
Commonwealth of Pennsylvania, and for any person age 65 or older who
owns his or her own home in the City and has a Medical Assistance
Card. The Department of Administration and Finance shall verify the
eligibility of all applicants for this discount.
[Ord. 5-2014, passed 2-5-2014]
The increase in the Garbage and Refuse Collection Fee applicable
for the 2014 budget shall be in effect only for 2014 unless extended
by City Council.
[Ord. 5-2006, passed 1-25-2006]
Collection of the garbage and refuse fee shall be by the Erie
City Water Authority. No rebates or credits shall be given for vacant
dwelling units, other than for owner-occupied dwellings whose owners
leave the residence vacant for at least three months, and have shut
off water service to their residence for such period. This provision
is intended to apply only to the temporary absences for extended vacations
or seasonal relocations by owners with a principal residence in the
City. Property owners who intend to obtain this credit shall notify
the Erie City Water Authority at the time of leaving and terminate
water service. An administrative service fee in an amount determined
by the Water Authority shall be payable at the beginning of the suspension
period.
[Ord. 65-2000, passed 11-22-2000; Ord. 5-2006, passed 1-25-2006]
(a)
Payment schedule. The Erie City Water Authority shall establish a
payment schedule whereby refuse charges collected by the City shall
be paid quarterly.
(b)
Late penalty. Failure to make payment on the applicable due date
shall result in a penalty and interest in an amount determined by
the Erie City Water Authority added to the bill for each month of
delinquency. The Erie City Water Authority shall impose the late payment
penalties for remittance received after their prescribed grace period,
if any.
(c)
Delinquency liens. Failure to make payment on the applicable due
date will result in a lien being filed against the subject real property.
[Ord. 111-1989 § 1, passed 12-27-1989; Ord. 41-1991 § 2, passed 5-22-1991]
The person(s) responsible for making payment of the garbage
and refuse collection fee shall be the owner(s) of record.
[Ord. 36-1991 § 2, passed 5-1-1991]
On every premises from which garbage and rubbish are collected,
there shall also be a collection of leaves. Such leaves shall be placed
in open rigid containers and deposited at curbside.
[Ord. 15-1994 § 9, passed 2-16-1994]
The Bureau of Refuse and Recycling, under and subject to regulations
established by the Directors of the Department of Public Works, Property
and Parks, shall operate a composting program throughout the City.
Grass clippings, lawn and leaf waste and hedge trimmings are included
in this program. The manner of collection, types of bags or containers
or other aspects of this program may be altered from time to time
by administrative regulations to provide the most efficient and cost-effective
program possible.
[Ord. 15-1994 § 10, passed 2-16-1994]
The Director of the Department of Public Works, Property and
Parks is hereby authorized and empowered to establish and promulgate
regulations including but not limited to, the manner, days and times
of collections of refuse and the bundling, handling, location and
time of placement of such refuse or collection. The Director is empowered
to make changes to the program regulations as necessary. Any material
changes may be made by the Mayor and public notice and notification
shall be made by appropriate news releases, cable television government
access channel notices, or other means to effect the widest public
information.
[Ord. 45-1996 § 1, passed 7-17-1996]
Whoever violates any provision of this article, except for Section 951.06, shall be fined not less than $100 nor more than $1,000 and imprisoned not more than 90 days. Each day's continued violation shall constitute a separate offense. Both fine and imprisonment may be concurrently imposed. Whoever violates the provisions of Section 951.06 shall be subject only to penalty by fine. Any person or persons responsible for information and testimony leading to the conviction of violators of this article shall be issued a reward in the sum of $100 to be obtained from the fine levied against such violators.
