[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:
FEES
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.
LICENSED COLLECTOR
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.
LICENSED RECYCLER
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.
PERSON
Includes a natural person, association, partnership, firm or corporation their agents and employees.
RECYCLABLE MATERIALS
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.
REFUSE
Includes the following:
A. 
All table refuse, discarded animal and vegetable matter and offal from meat, fish, fruit or fowl, and parts thereof.
B. 
Ashes, discarded paper, noncorrugated cardboard, glass material or containers of any kind.
C. 
Combustible or noncombustible solid waste or discarded material generally.
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.
B. 
No person shall:
(1) 
Place or dispose of any refuse upon any premises not owned or occupied by such person.
(2) 
Throw, dispose or permit to be blown by wind upon the premises of others any refuse originating from such person's residence or commercial enterprise.
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:
PERSON
Includes a natural person, corporation, association or partnership.
REFUSE
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.