A.
The Borough, or an authorized person or persons under contract by the Borough, shall collect, transport, process and dispose of all municipal waste generated at residential or Borough-owned properties within the Borough. In the event that the Borough, or an authorized person or persons under contract by the Borough does not collect, transport, process, or dispose of municipal waste, then all persons owning or occupying residential properties shall contract directly with a licensed collector for such services. It shall be a violation of this chapter for a residential owner or occupier to contract directly with a licensed collector for such services if the Borough is currently contracted with a collector for such services, except as set forth in § 369-9.
B.
All persons owning and occupying residential properties shall make
municipal waste available for collection at such times and dates as
may be established by regulation.
C.
Preparation for collection of municipal waste for residential properties
shall occur in the roll-out containers provided by the collector or
Borough and designated for municipal waste. Municipal waste not placed
in the containers provided by the collector or Borough shall not be
collected, and must be removed by the property owner. Municipal waste
containers provided by the collector or Borough shall be used only
for the disposal of municipal waste from the residence(s) on the property.
In the event that the container provided by the collector or Borough
is damaged, altered, lost or destroyed through the negligence of the
person to whom the container was assigned, the person shall reimburse
the Borough or collector for the cost of a replacement container.
All containers must be kept clean by the customer. Municipal waste
shall be placed inside the container with the lid closed. Use of the
containers for any purpose other than the disposal of municipal waste
from the residence or use of the containers by a person other than
the person allocated such container(s) shall be a violation of this
chapter.
D.
Placement of municipal waste and containers. Municipal waste and
containers shall be placed at the curb or street line or at an area
designed by the Borough, separate from recyclable materials for collection,
at such times and dates as may hereinafter be established by regulation.
Municipal waste and containers shall not be placed in a location that
obstructs a public sidewalk or which impedes traffic or interferes
with clear vision for motorists.
E.
Times for placement and removal of containers. Municipal waste and
containers shall be stored on the owner's property and shall
not be placed at the curb or street line, or at an area otherwise
designated by the Borough, for collection before 6:00 p.m. on the
evening preceding a scheduled collection day. Empty containers shall
be removed from the curb by 10:00 p.m. on the day of collection. Containers
shall not be kept at the curb or street line or at an area otherwise
designated by the Borough between scheduled collections, and they
shall be stored on the owner's property in such location to be
unseen from public streets or roads or from the front yards of immediate
neighboring property.
F.
Containers shall be placed in a manner so they are easily accessible
to the collection vehicle.
A.
A homeowners' association within the Borough, and the residences comprising the association, with an existing contract with a collector on the effective date of this part for the collection of municipal waste may continue to use the services of that collector for the duration of the homeowners' association's existing contract. At the end of the homeowners' association's existing contract, the homeowners' association, and the residences comprising the association, shall then use the Borough-contracted collector pursuant to this part, unless the homeowners' association enters into a new contract and/or extends a contract with a collector and notifies the Borough of its intent to seek an exception pursuant to § 369-9C.
B.
A homeowners' association seeking an exception under this section
shall, within 30 days of the effective date of this part, notify the
Borough in writing of (1) its request to seek the exception under
this section; (2) the name, address, and contact information for the
collector; and (3) the end date of its existing collector contract.
C.
If the homeowners' association intends to continue with a private contractor at the end date of its existing contract identified pursuant to § 369-9B, the homeowners' association shall renew its request for an exception by notifying the Borough, in writing, no less than 60 days in advance of the end date of its existing contract. The written notification shall (1) state that the homeowners' association seeks an exception pursuant to this section; (2) the name, address, and contact information for the collector; and (3) the end date of the new contract. Homeowners' associations shall repeat this renewal process 60 days in advance of the end of each contract term.
