[Adopted 12-2-1980 by Ord. No. 10A (Ch. 20, Part 1, of the 1992 Code of Ordinances)]
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.
A. 
All refuse accumulated in the Borough of Lansford shall be collected, conveyed, and disposed of by the Borough of Lansford; provided, however, that the responsible authority may require any person or persons owning or occupying any premises whose accumulated refuse at each time of collection is in excess of five 20 gallon containers or their equivalent by weight or volume, to personally collect, convey, and dispose of such refuse in accordance with all regulations for collection, conveyance, and disposal prescribed in this article or made by the Borough Council or the responsible authority, or to pay such additional fees as may be required for the removal thereof.
[Amended 12-10-2008 by Ord. No. 2008-06]
B. 
The cost of the service for collection of refuse under this article, as fixed from time to time by the Borough Council of the Borough of Lansford as hereinafter provided, shall be borne and paid by the owner of premises from which refuse is collected or upon which said refuse is accumulated and disposed of, and the person producing the refuse, or responsible for the existence or disposal thereof, or for whom such refuse is removed, if such person shall not be the owner, shall be jointly and severally liable with the owner for the payment of said cost.
C. 
The Borough Council is hereby authorized to contract for the performance of the services provided by this article and to award a contract therefor from time to time for such period of time as shall be determined by the Borough Council, which contract shall require the contractor to assume all responsibility for the collection of refuse in the Borough of Lansford in accordance with the provisions of this article and regulations, orders, and specifications provided under the authority thereof, and to convey dump, and dispose of all such refuse at a place as shall be determined and designated by Borough Council and to fix and regulate, in a manner not inconsistent with the terms of this article, the manner, method and time of collecting and conveying refuse; the type of equipment required for the purpose; and the price to be paid for the performance of said contract and the time or times for the payment thereof.
D. 
The collection and disposal of refuse in the Borough of Lansford shall be under the supervision of the responsible authority. It shall have authority to make regulations concerning the days of collection, type, and location of waste containers and such other matters pertaining to the collection and disposal as it may deem advisable and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against any regulation or order made by the responsible authority to the Borough Council, which may confirm, modify or revoke any such regulation or order; provided, however, that no such appeal to Borough Council shall be permitted as to any regulation covered by this article or any regulation or order of the responsible authority which shall have been approved by the Borough Council.
E. 
The responsible authority is authorized to arrange with the contractor, subject to the approval of Borough Council, dates scheduled for the collection of refuse in the various categories and sections of the Borough and shall give public notice thereof. Such schedules shall provide for one collection for each and every week throughout the year. No collections shall be made on Sundays or the following holidays: New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. All collections shall be made between the hours of 5:00 a.m. and 6:00 p.m., provided that collections may be made after 6:00 p.m. to complete a day's schedule.
F. 
All persons within the Borough of Lansford other than those excluded under § 373-2A of this section, shall dispose of refuse by the municipal collection service only, and no person shall transport or dispose of refuse by any means not approved by this article or by the responsible authority.
G. 
The responsible authority is authorized to make regulations concerning the hauling of refuse over the streets of the Borough of Lansford. No refuse shall be hauled over the streets of the Borough of Lansford except in a watertight vehicle provided with a tight cover so as to prevent offensive odors escaping therefrom and refuse from being blown, dropped, or spilled therefrom. No refuse shall be dumped or disposed of within the limits of the Borough of Lansford except at a place as shall be designated and determined by Borough Council.
H. 
Ownership of refuse set out for collection shall be vested in the Borough of Lansford.
A. 
Separation of refuse. Garbage, ashes, rubbish and refuse shall be included in the regular collection service, and it shall not be necessary to separate these different types of refuse.
B. 
Preparation of refuse.
(1) 
All garbage before being placed in garbage cans for collection shall have drained from it all free liquids and may be wrapped in paper.
(2) 
All rubbish shall be drained of liquid before being deposited for collection.
(3) 
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
(4) 
Tree trimmings, hedge clippings, and similar materials shall be cut to length not to exceed three feet and tied in bundles not more than two feet thick before being deposited for collection.
C. 
Refuse containers.
(1) 
Garbage receptacles shall be made of metal, approved plastic or vinyl, must be watertight, and be provided with a tight-fitting cover.
[Amended 12-10-2008 by Ord. No. 2008-06]
(2) 
No person shall use for the reception of garbage any receptacle having the capacity of more than 20 gallons.
(3) 
All garbage receptacles shall be kept as sanitary as possible in view of the use to which they are put and shall be cleansed by the occupants after garbage is removed by the collector.
(4) 
Ash receptacles shall be of metal and have a capacity of not more than 20 gallons.
(5) 
Rubbish receptacles shall be of a suitable kind which can be easily handled by one man.
(6) 
All refuse receptacles shall be provided by the owner, tenant, lessee, or occupant of the premises.
(7) 
All refuse receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
D. 
Location. No garbage, ashes, rubbish or other refuse shall be stored on public or private property except as provided herein and so that the said garbage, ashes, rubbish or other refuse may not be considered to be an eyesore or stored in an unsightly manner.
[Added 6-15-2004 by Ord. No. 2004-05]
[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]
A. 
All carts, wagons, and other vehicles used for collection and transportation of garbage, rubbish, ashes, and refuse within the limits of the Borough shall always be kept in a clean and sanitary condition, maintained so as not to create a public nuisance, or in any way be a menace to the public health, and shall at all times be subject to the rigid inspection of the Borough Council of the Borough of Lansford, or any authorized agent of the Borough.
B. 
It shall be unlawful to collect, haul, transport or convey refuse in open, uncovered vehicles.
[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.