As used in this article, the following terms shall have the
meanings indicated:
ASHES
The residue resulting from the burning of wood, coal, coke,
or other combustible material.
DISPOSAL
The storage, collection, disposal, or handling of refuse.
GARBAGE
All animal, fish, fruit, vegetable matter, and wastes resulting
from handling, preparation, cooking or consumption of foods.
HOUSEHOLD
A housing unit and shall include room, rooms, apartment,
house or houses when occupied or intended to be occupied as living
quarters with kitchen or cooking equipment therein.
PERSON
All natural persons, associations, partnerships, firms or
corporations.
REFUSE
All solid wastes except body wastes and shall include garbage,
ashes and rubbish.
RESPONSIBLE AUTHORITY
The Department of Sanitation of the Borough of Lansford,
as named by the Borough Council, and shall be authorized and directed
to implement and enforce the provisions of this article either by
Department action or through their authorized agent or representative.
If no Department of Sanitation, then the Lansford Borough Council
shall act.
RUBBISH
Glass, metal, paper, rags, plant growth or nonputrescrible
(i.e., not liable to undergo bacterial decomposition when in contact
with air or moisture at ordinary temperatures), solid wastes, or any
other organic substance subject to fermentation and decay, excelsior,
cartons, old clothes and shoes, straw, empty cans, plastics, grass,
weeds, brick, tile, china, oyster and clam shells, lawn trimmings,
baskets, furniture and furnishings, and other waste materials which
will result from the ordinary conduct of house cleaning.
[Amended 1-7-1992 by Ord.
No. 92-1]
A. Points of collection.
(1) Refuse receptacles shall be placed for collection at ground level
on the property, not within the right-of-way of a street or alley,
and accessible to and not more than 20 feet from the side of the street
or alley from which collection is made, provided that receptacles
may be placed for collection at other than ground level and at a distance
of more than 20 feet when approved by the responsible authority, and
an additional payment for the extra service is agreed upon by both
parties.
(2) Refuse receptacles shall be kept in the rear of the house, apartment building, storeroom, restaurant, etc. At no time shall any vessels, receptacles or containers be placed or kept upon an alley, street, sidewalk or other public place, or in front of any building, residence, or retail or wholesale establishment, except when being placed for collection in accordance with §
373-4A(1) hereof, and then, in no event, earlier than 24 hours prior to the time scheduled for collection. Following collection, said vessels, receptacles or containers shall be returned to the place or places as designated herein within 24 hours of collection.
B. Frequency of collection.
(1) Garbage, rubbish, ashes, and refuse shall be collected at least once
each week.
(2) Hotels, restaurants, and such other businesses and institutions as
deem it necessary may enter into an agreement for a greater frequency
of collection. Where necessary to protect the public health, the responsible
authority may require that more frequent collections be made.
(3) No garbage, ashes, rubbish or other refuse shall be placed out for
collection more than 24 hours prior to the scheduled date for collection
thereof.
[Added 6-15-2004 by Ord.
No. 2004-05]
C. Limitation of quantity.
(1) It is the intent of this article that the reasonable accumulation
of refuse to each family for the collection period will be collected
for the standard charge. The responsible authority and contractor
may refuse to collect unreasonable amounts or may make an additional
charge for such amounts.
(2) It is the intent of this article that large restaurants, hotels,
apartments, and other businesses and institutions shall have their
reasonable accumulations of refuse for the collection period collected
at a fair charge based upon the average weight or volume.
On and after the date of the award of a contract for collection service pursuant to the authority contained in §
373-2C hereof:
A. It shall be unlawful for any person to collect, convey over any of
the streets or alleys of the Borough of Lansford or dispose of any
refuse accumulated in said Borough in any manner not approved of in
this article or subsequent regulations.
B. It shall be unlawful for any person to place any refuse in any street,
alley, or other public place or upon private property, whether owned
by such person or not, within the Borough except it be in proper receptacles
for collection. No person shall throw or deposit any refuse in any
stream or other body of water.
C. It shall be unlawful for any person to allow any accumulation of
refuse on any premises in the Borough of Lansford other than for the
purpose of collection in the manner provided by this article or by
special regulation of Borough Council or the responsible authority.
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited.
[Amended 12-10-2008 by Ord. No. 2008-06]
D. It shall be unlawful for any person, other than the occupants of
the premises on which refuse receptacles are stored or the collector,
to remove the covers of any of the refuse receptacles or to remove
the refuse stored in such containers.
E. It shall be unlawful to place in any containers for regular collection
any wearing apparel, bedding, or refuse from premises where highly
infectious or contagious disease has prevailed, or any highly inflammable
or explosive refuse.
F. It shall be unlawful to dump, burn, bury, or destroy or otherwise
dispose of refuse within the jurisdictional limits of the Borough
of Lansford other than at the Borough-approved disposal site.
[Amended 12-29-1980 by Ord. No. ; 1-7-1992 by Ord. No. 92-1]
A. The fees for the collection and disposal of refuse shall be determined
each year by resolution of Borough Council of the Borough of Lansford.
Public notice of the fee schedule shall be made by the responsible
authority.
B. All bills for the collection and disposal of refuse shall be rendered
quarterly and shall thereupon be immediately due and payable for the
year pertaining thereto. All bills shall be payable to the Lansford
Borough Tax Collector, at his office, or to some other person, persons
or agency at some other place as shall be designated by the Borough
Council. All fees for the collection and disposal of refuse shall
be the responsibility of the owner of the property served and from
which said refuse was collected. Any agreement concerning responsibility
for said fees between any owner of a property and his tenant shall
not relieve the owner of the responsibility for fees under this section,
and any arrangement or agreement between a tenant of a property and
this Borough concerning collection of refuse therefrom shall be considered
for the benefit and convenience of the owner of said property, shall
not relieve the owner of said property from liability for said fees
under this section, and shall render the owner and tenant jointly
and severally liable for any fees hereunder. All accounts shall be
considered delinquent if not paid within 25 days after the date of
the bill, and accounts which are not paid within 25 days after the
date of the bill shall be subject to a penalty of 20% of the amount
of the bill. If the account is paid within 15 days of the date of
the bill, a discount of 2% shall be allowed. If a delinquent account
is not paid within 90 days from the date of the bill, the responsible
authority shall refer the account to the Borough Secretary with instruction
to proceed for the collection of such unpaid charges, together with
all penalties thereon, by a civil action or, at the election of the
Borough, in any other manner provided by law for the collection of
a municipal claim.
[Amended 12-10-2008 by Ord. No. 2008-06]
C. In addition to the civil action for unpaid charges, all delinquent
accounts not paid within 30 days from issuance may be subject to stoppage
of service without notice and may not be resumed until all delinquent
charges together with any applicable fees are paid in full.
[Amended 12-10-2008 by Ord. No. 2008-06]
D. Where any person wishes to use the Borough dump for the disposal
of refuse, in addition to the regular collection of refuse, a fee
as shall be set by the Borough Council shall be paid to the dump operator,
if any, or to a person so designated by Borough Council, for every
load or part thereof. In lieu of such payment, the Borough Council
may issue tickets, which tickets shall be tendered to the dump operator
at the time of dumping, and each ticket shall be considered payment
for a load or part thereof.
E. It shall be the duty of the Lansford Tax Collector or some other
person or agency designated by the Borough Council to collect all
fees and charges provided hereunder.
F. In addition to the remedies set forth herein, the Borough may proceed
for the collection of such unpaid charges together with all penalties
provided thereon by a civil action or, at the election of the Borough,
in any other manner provided by law for the collection of a municipal
claim, which shall include costs of third -party collection, as well
as reasonable attorneys' fees and all delinquent accounts.
[Added 7-8-2015 by Ord.
No. 2015-06]
[Amended 12-10-2008 by Ord. No. 2008-06]
Annually, during the spring, fall, after Christmas, and in cases
of emergency, there may be special collections of tree limbs, trees,
leaves, and other refuse which cannot be collected in the regular
collection. Such collections shall be announced to the public at least
one week in advance thereof.
[Amended 1-7-1992 by Ord.
No. 92-1; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
Any person who shall violate any provision of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such 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 Carbon County.