[HISTORY: Adopted by the Borough Council of the Borough of
Green Lane as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-13-2007 by Ord. No. 2007-03]
A.Â
Title. This article shall be known and may be cited as the "Borough
of Green Lane Waste and Recyclable Materials Hours and Dates of Collection
Ordinance."
B.Â
Authority. This article is enacted pursuant to the Borough Code,
53 P.S. § 45101 et seq. and more specifically, pursuant
to 8 Pa.C.S.A. § 1202.
C.Â
Purpose. This article aims to ensure the public health, safety and
welfare of the citizens of the Borough.
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section.
The pickup of waste and/or recyclable material from storage
or curbside or elsewhere from a commercial establishment, industrial
establishment, institutional establishment, municipal establishment
or residence and the removal of the waste and/or recyclable material.
A person or agent authorized, if necessary, by the Borough
to collect, transport and dispose of wastes and/or recyclable materials.
An establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A bin for waste and/or recyclable materials, regardless of
manufacturer, designed to be hoisted onto a specially equipped truck
for emptying or hauling away waste and/or recyclable materials.
Any establishment or facility engaged in manufacturing or
processing or warehousing, including, but not limited to, factories,
foundries, mills, processing plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
that is recognized by law as being subject to such rights and duties.
Metals, glass, paper, leaf waste, plastics, lawn clippings
and other materials in a form which is designated as source materials
for any recycling program and is duly recovered.
Any multifamily dwelling from which a municipal or private
collector collects waste or recyclable material.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipality or private collector.
Any garbage, refuse, waste or other materials, including
solid waste, resulting from the operation of a residence or a municipal,
industrial, commercial or institutional establishment and from community
activities.
A.Â
Weekday hours and dates of collection. No collector that collects
or removes waste or recyclable materials shall be permitted to collect
and/or remove waste or recyclable material from a dumpster or dumpster-like
container located at a residence, commercial establishment, industrial
establishment, institutional establishment or municipal establishment
after 8:00 p.m. or prior to 5:00 a.m. on weekdays.
B.Â
Weekend hours and dates of collection. No collector that collects
or removes waste or recyclable materials shall be permitted to collect
and/or remove waste or recyclable material from a dumpster or dumpster-like
container located at a residence, commercial establishment, industrial
establishment, institutional establishment or municipal establishment
after 8:00 p.m. or prior to 7:00 a.m. on weekends.
C.Â
Other. No collector that collects or removes waste or recyclable
materials shall be permitted to collect and/or remove waste or recyclable
material at any time from a single-family dwelling, residence, commercial
establishment, industrial establishment, institutional establishment
or municipal establishment in such a manner that shall cause noise
that annoys or disturbs a reasonable person of normal sensibilities.
D.Â
Exclusions.
(1)Â
Nothing herein shall be deemed to prohibit any person not regularly
engaged in the business of collecting waste from hauling one's
own waste on an irregular and unscheduled basis to an authorized disposal
facility.
(2)Â
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of the farming operation, including composting
and spreading of manure or other farm-produced agricultural wastes.
A.Â
Pursuant to Section 3301 of the Borough Code, 8 Pa.C.S.A. § 3301.1,
enforcement of this article shall be by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses. Any collector who shall violate any provision of
this article shall, upon conviction thereof, as a summary offense,
be sentenced to pay a fine of not more than $1,000 for each offense,
plus costs of prosecution, including reasonable attorneys' fees. If
the defendant neither pays nor timely appeals the judgment, the Borough
may enforce the judgment pursuant to the applicable rules of civil
procedure.
B.Â
Enforcement of the foregoing provisions shall be the responsibility
of the Borough. The Borough Council is hereby empowered to delegate
any enforcement or oversight power, duty or responsibility to any
person, committee or department it shall deem appropriate in accordance
with and subject to existing laws and regulations.
C.Â
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
which is found to have been violated.
D.Â
Pursuant to Section 1201 of the Borough Code, 8 Pa.C.S.A. § 1201,
this article may be enforced by the Borough through an action in equity
brought in the Court of Common Pleas of the County of Montgomery.
A.Â
This article shall be subject to all applicable federal, state, county
and local laws, ordinances, rules and regulations, including the rules
and regulations as set forth by the Department of Environmental Protection
of the Commonwealth of Pennsylvania.
B.Â
This article or any part thereof may be amended from time to time
in accordance with the procedures established by law.
If any provision, sentence, clause, section or part of this
article is for any reason found to be illegal, invalid or unconstitutional,
such illegality, invalidity, or unconstitutionality shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Borough that this article would have been adopted had the illegal,
invalid or unconstitutional provision, sentence, clause, section or
part had not been included therein.
All ordinances or parts of ordinances of the Borough that are
inconsistent herewith are repealed.
This article shall take full force and effect after its approval
as required by law.
This article shall in no other way affect, amend or modify the
ordinances of the Borough.
