[HISTORY: Adopted by the Borough Council of the Borough of Mount Jewett as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-1968 by Ord. No. 153]
Hereafter, every person owning or occupying any lands, dwellings, stores or other structure in any part of the Borough of Mount Jewett shall remove or cause to be removed all garbage and refuse from such premises so owned or occupied by him at least once every week, and no garbage or other refuse shall be permitted to remain on or in any such lands, dwellings, stores or other structures within the said Borough for a longer period than one week.
Effective immediately, no person shall collect any garbage or refuse or engage in the business of collecting garbage or refuse within the geographical limits of the Borough of Mount Jewett without first obtaining a license from the Borough Council, and no person shall be entitled to such a license unless he shall comply with all reasonable requirements of the Council made prerequisite to the granting of the same.
The Borough Council shall from time to time issue licenses of two classifications, the first of which shall be called "general licenses" and the second of which shall be called "special licenses."
[Amended 4-3-1968 by Ord. No. 154; 4-5-1976 by Ord. No. 161]
General licenses may be issued to any contractor for an indefinite period and shall authorize the holder to engage in the business of collecting garbage and refuse for a fixed schedule of rates to be approved by the Borough Council. Any unauthorized change in rates shall constitute grounds for revocation of a general license. Any change in rates upon approval of the Borough Council shall require application for, and issuance of, a new license. There shall be no limit on the number of general licenses which may be issued and outstanding at the same time.
Special licenses may be issued to any person for specific purposes and for specific projects for limited periods and shall not be subject to supervision over rate charges by the Borough Council. Any number of special licenses may be issued and outstanding at any time and the Mayor shall be authorized, in his discretion, to issue the same when time does not permit awaiting action by the Borough Council.
Any license may be revoked by the Borough Council at any time for breach of any reasonable rule or regulation that may be imposed by the Borough Council at any time, but the Borough Council shall not revoke any license for any reason not substantial and shall not be arbitrary or capricious in revoking any license and shall afford any licensee an opportunity for public hearing before his license may be revoked.
For each general license issued, the Borough Treasurer shall collect a fee of $5. Special licenses shall be issued free of charge.
Any holder of a general license may require his customers in the Borough to abide by reasonable regulations and requirements consistent with the orderly and sanitary disposition of garbage and refuse and may refuse to service any customer not meeting such requirements and regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the terms, provisions or conditions of this article 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 article 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 article in equity in the Court of Common Pleas of McKean County.
The word "person" shall mean one or more male or female individuals, or corporations, firms, associations, or fictitious entities. The masculine shall be construed to include the feminine and neuter. The singular shall be construed to include the plural.
This article shall become effective as soon as advertised pursuant to law.