[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-19-2005 as
Ch. 12, Art. I, of the 2005 Code]
[Added 8-7-2017]
The purpose of this article is to regulate garbage, rubbish
and refuse as authorized under the Borough Code found at 8 Pa.C.S.A.
§ 1202(8).
As used in this article, the following terms shall have the
meaning indicated:
At the time of the application for a permit or for the renewal
for a current permit, the applicant shall pay to the Code Enforcement
Officer, Borough Secretary, or official designated by the Borough,
a permit fee payable to the Borough of Wyalusing, as set forth in
the Borough Schedule of Fees, as adopted and amended from time to
time by the Wyalusing Borough Council. In the event that the permitted
refuse collector does not participate in the recycling program, he
shall pay the recycling fee as set forth on the Borough Schedule of
Fees.
A person engaged in the collections, removal, hauling or
conveying of refuse, through or within the Borough of Wyalusing, as
a commercial enterprise and who holds a current valid license issued
by Wyalusing Borough to engage in such enterprise.
A person engaged in the collection, removal hauling or conveying
of recyclable material, through or within the Borough of Wyalusing,
as a commercial enterprise and who holds a current valid license issued
by Wyalusing Borough to engage in such enterprise.
Includes a natural person, association, partnership, firm
or corporation their agents and employees.
Includes the following: plastic (i.e., milk bottles, water
bottles, and soda bottles) newsprint, junk mail, flyers, magazines,
gloss paper, aluminum cans, steel and bimetallic cans, clear bottles,
green bottles, and brown bottles, and corrugated cardboard.
Includes the following:
A.
No person may keep or suffer to remain upon the premises owned or
occupied by him any refuse for a period longer than 10 days.
No refuse may be brought in Wyalusing Borough for the purpose
of disposal within Wyalusing Borough.
A.
No refuse may be transported or conveyed within or through Wyalusing
Borough unless such refuse shall be covered by such canvas or metal
as is necessary to prevent out falling or blowing of such refuse onto
the public right-of-way or private premises within Wyalusing Borough.
B.
No recyclable materials may be transported or conveyed within or
through Wyalusing Borough unless such canvas shall cover such recyclable
materials or metal as is necessary to prevent out falling or blowing
of such recyclable materials onto the public right-of-way or private
premises within Wyalusing Borough.
C.
No licensed collector of refuse shall transport refuse in any vehicle
not conforming to all rules and regulations adopted by the Pennsylvania
Department of Health or of this Borough.
D.
No licensed recycler of recyclable materials shall transport recyclable
materials in any vehicle not conforming to all rules and regulations
adopted by the Pennsylvania Department of Health or of this Borough
and appropriate commonwealth agencies regulating the transportation
and disposal of solid waste.
E.
No recyclable collectors' license shall be issued unless the
applicant files a certificate of insurance with the Borough at the
time of license application. The certificate of insurance shall contain
a provision that coverage's under the policy will not be canceled
until at least 15 days' prior written notice of such cancellation
has been given to the Borough. The certificate of insurance must show
evidence of policies of insurance, maintained at the expense of the
applicant, for comprehensive general liability in an amount approved
by the Borough Council. The contractor is also required to maintain
property, damage and bodily injury insurance in an amount approved
by the Borough Council.
F.
No licensed refuse collectors' license shall be issued unless
the applicant files a certificate of insurance with the Borough at
the time of license application. The certificate of insurance shall
contain a provision that coverages under the policy will not be canceled
until at least 15 days' prior written notice of such cancellation
has been given to the Borough. The certificate of insurance must show
evidence of policies of insurance, maintained at the expense of the
applicant, for comprehensive general liability in an amount approved
by the Borough Council. The contractor is also required to maintain
property, damage and bodily injury insurance in an amount approved
by the Borough Council.
G.
All types and limits of insurance for which certificates are purchased
at the time of application, based upon which license is issued, shall
be maintained throughout the license year, or the license shall be
suspended or revoked.
H.
Exceptions and exemptions. The provisions of this article shall not
apply to a nonprofit organization that is collecting recyclable materials
for purposes of resale to provide moneys for the nonprofit organization.
Said nonprofit organization shall not be required to obtain insurance.
I.
The granting of a license to a refuse collector or a recycler is
not considered an exclusive franchise, and said license shall be opened
to any individual that applies, provided that they meet the insurance
requirements of this article.
J.
The Code Enforcement Officer, Borough Secretary, or official designated
by the Borough shall issue a contractor's permit for the refuse
collector and recycler.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction of thereof, be
sentenced to a criminal penalty not to exceed $1,000 for each day
of violation and for violation of each applicable section of the article.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorneys' fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Adopted 12-19-2005 as
Ch. 12, Art. II, of the 2005 Code]
As used in this article, the following terms shall have the
meanings indicated:
Includes a natural person, corporation, association or partnership.
All table refuse, discarded animal and vegetable matter and
offal from meat, fish, fruit or fowl, and parts thereof. Ashes, discarded
paper, noncorrugated cardboard, glass material or containers of any
kind. Combustible or noncombustible solid waste or discarded material
generally.
No person shall keep or suffer to remain upon his or her premises
or on any private property subject to his or her possession or control
any garbage, putrid matter or other offensive or unwholesome matter,
or place the same upon any lot of piece of ground within the Borough
of Wyalusing; provided, however, that storage of garbage in sealed
containers without offensive odor for a period not exceeding 10 days
while awaiting collection by a licensed refuse collector shall be
permissible.
[Amended 8-7-2017; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Civil enforcement. Any person who violates or permits a violation
of this chapter shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this chapter in equity in the
Court of Common Pleas of Bradford County.
B.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
