[Adopted 1-14-1991 by Ord. No. 1991-1 (Ch. 20, Part 2, of the 1983 Code of Ordinances)]
B.
Each municipality has the authority and duty to assure
proper and adequate transportation, collection and disposal of municipal
solid waste which is generated or present within its boundaries and
to adopt and implement programs for the collection and recycling of
source-separated recyclable materials as provided in the Act.
C.
New Freedom Borough believes that the reduction of
the amount of solid waste and conservation of recyclable materials
is an important public concern and is necessary to implement the requirements
of Pennsylvania Act 101, the Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988,[2] and the York County Solid Waste Management Plan. The separation
and collection of used newspaper, paper, glass, plastics, cans and
leaf waste for recycling from the residential, commercial and institutional
establishments in this Borough will minimize the adverse environmental
effects of landfilling by reducing the need for landfills and conserving
existing landfill capacity, facilitate the implementation and operation
of other forms of resource recovery called for by the York County
Solid Waste Management Plan, conserve natural resources and hopefully
help control the escalating costs of solid waste disposal generally.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
For the purpose of this article, the following
terms and phrases of words shall have the meanings ascribed to them
in this section, except where the context in which the word is used
clearly indicates otherwise:
All food and beverage cans made of the lightweight, ductile
and malleable metallic substances or elements commonly known as "aluminum."
This description excludes aluminum foil, trays, plates and miscellaneous
aluminum products.
[Added 12-12-2022 by Ord.
No. 2022-8]
The location where municipal waste, including recyclable
materials, is placed for collection; if the property fronts on a public
street, it shall be the front curbline or, if none, at the front property
line; where there is no street upon which the property fronts, collection
shall be made at the property line at the public alley upon which
it fronts; but, where it fronts on both an alley and street, collection
shall be made at either as the Borough Council may from time to time
in its sole discretion decide; if the property has no frontage on
a public street or alley, collection shall be made at a collection
point approved by the Borough Council, contractor and the owner of
the collection point.
Recyclable materials which have been segregated from regulated
municipal waste but which have not been separated into different types
of recyclable materials and which have been placed in a recycling
container for the purpose of collection.
[Added 12-12-2022 by Ord.
No. 2022-8]
Layered paper or cardboard in which one or more layers is
pressed into parallel grooves or ridges and which is normally used
for wrapping, packing, shipping and/or the storage of dry materials.
[Added 12-12-2022 by Ord.
No. 2022-8]
The hard, brittle and transparent or partially transparent
substance produced by fusion of silica and silicates or sand containing
soda and lime and/or other chemicals and substances usually or conveniently
included in the manufacture of glass. For the purposes of this chapter,
the term "glass" shall mean only those materials commonly known as
"glass bottles or containers," including all food and beverage containers
made of glass, whether clear or colored, of one gallon or less capacity.
The term "glass" excludes containers of a greater capacity than one
gallon, glass which is not in the form of unbroken bottles or containers,
glass which is laminated, wired or mirrored, ceramics and crystal.
[Added 12-12-2022 by Ord.
No. 2022-8]
Printed or unprinted sheets, shavings or cuttings of sulphite
or sulphate ledger, bond, writing or other paper having similar fiber
and filler content including, but not limited to, stationery, copy
paper and computer paper. Treated, coated, padded and heavily printed
stock is not included.
[Added 12-12-2022 by Ord.
No. 2022-8]
Paper of the type commonly used for the printing of newspapers
and newspaper advertising or other supplements, including glossy or
coated paper of the type found in magazines and periodicals.
[Added 12-12-2022 by Ord.
No. 2022-8]
Any individual, partnership, firm, corporation, association,
institution, cooperative, enterprise, municipality, municipal authority,
federal government or agency, state institution or agency or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. It shall also mean owner, lessee or occupant
of a residential dwelling, commercial establishment or institutional
establishment. In any provision of this article prescribing a fine,
imprisonment or penalty, or any combination thereof, the term "person"
shall include the officers and directors of any corporation or other
legal entity having officers and directors.
Organic, synthetic or processed materials that are thermoplasatic
or thermosetting polymers of high molecular weight that can be molded,
cast, extruded, drawn or laminated into objects, films or filaments.
[Added 12-12-2022 by Ord.
No. 2022-8]
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaves, brush, plastics and other materials
which would otherwise be disposed of or processed as regulated municipal
waste and the recovery of reusable materials other than a fuel for
the creation of energy.
[Added 12-12-2022 by Ord.
No. 2022-8]
The plastic container provided by New Freedom Borough, or
its collector, for the express purpose of storing recyclable materials
for collection by the Borough's collector.
For residential units, the term "recycling container" shall
refer to the container supplied by the Borough or the contractor.
[Added 12-12-2022 by Ord.
No. 2022-8]
Any building or part of a building arranged or designed to
be used, or in fact used, for continuous or periodic habitation by
human beings in a single-family unit.
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
[Added 12-12-2022 by Ord.
No. 2022-8]
The ferrous metal food or beverage containers commonly known
as "tin cans."
[Added 12-12-2022 by Ord.
No. 2022-8]
There is hereby established in New Freedom Borough
a mandatory source separation and collection program for recyclable
materials.
[Amended 12-12-2022 by Ord. No. 2022-8]
A.
All residential, multifamily units, commercial, industrial
institutional, and municipal establishments shall separate recyclable
materials from municipal waste and shall commingle for recycling the
following designated recyclable materials:
B.
Recyclable materials from all properties required
to recycle hereunder shall be prepared for collection by the person(s)
responsible to do so hereunder, as follows:
(1)
The caps and lids from glass containers shall be removed
and disposed of or recycled, as may be permitted by this chapter.
The caps and lids on plastic containers may be left on such containers.
(2)
All containers shall be rinsed free of food waste
and other contaminants.
(3)
All recyclable materials shall be placed in recycling
bins.
(4)
No other municipal waste, refuse or covered device
shall be placed in a recycling bin.
C.
D.
For multifamily dwelling properties, in lieu of requiring each residential unit within a multifamily dwelling building or buildings to utilize a separate recycling bin, the owner, landlord or agent of owner or landlord may establish a centralized location and system for collection of recyclable materials. Such collection system must include suitable containers for collection and sorting of recyclable materials, easily accessible locations of such containers for both residents and the collector and written instructions to all occupants concerning the requirement to recycle and the use and location of the collection system. Owners, landlords and agents of the same who comply with this Subsection D shall not be liable for violations of the individual occupants of the multifamily dwelling property.
E.
For all nonresidential properties, those persons responsible to separate and dispose of recyclable materials hereunder shall be exempt from the requirements of Subsection A of § 183-20 above if they have otherwise provided for the recycling of materials which they are required by this section to recycle and provided that, by January 15 of each year, such person(s) complete and submit evidence of the arrangement and amount of recyclable materials collected thereunder during the previous year to the Borough on the form provided by the Borough.
[1]
Editor's Note: Former §§ 183-21, Separation
and disposal of recyclable materials by multifamily dwelling properties,
and 183-22, Separation and disposal of recyclable materials by commercial,
institutional and municipal establishments, were repealed 12-12-2022
by Ord. No. 2022-8.
[Amended 8-14-1995 by Ord. No. 1995-9]
All persons shall separate leaves generated
at their residences and at the commercial, municipal or institutional
establishments which they occupy from other municipal waste and store
such material until the authorized collection. Leaves will not be
collected by the trash haulers during the regular weekly pickups.
This section shall not prevent any person from otherwise utilizing
leaf waste for compost, mulch or other legal agricultural, horticultural,
gardening or landscape purposes. Such material shall be placed at
such locations and times for collection as specified below or as the
Borough Council may publicly announce from time to time.
A.
Leaf waste shall be collected, by the Borough, at
the curbside on the last Monday of October, each Monday in November
and the first Monday of December unless otherwise specified by Borough
Council.
[Amended 8-26-1996 by Ord. No. 1996-10]
B.
All persons who reside in residential dwellings and
all persons responsible for the management or operation of multifamily
dwellings, all commercial, municipal and institutional establishments
who gather waste shall source separate all leaf wastes and place them
for collection in the fall of the year in a pile or row in the street
outside of traffic lanes, approximately one foot from the edge of
any existing curbing, in such a manner as will allow safe passage
of vehicles and proper stormwater drainage. All leaf waste shall be
deposited along the curbing prior to 7:00 a.m. on the specified Mondays.
If the leaf waste is mixed or combined with other debris, the leaf
waste will not be picked up.
C.
A vacuum truck will vacuum the leaves from the curbside.
Leaf waste will not be picked up in plastic bags nor any container.
The leaf waste shall be placed loose along the curbing.
D.
Tree limbs, not to exceed eight inches in diameter,
shall be collected by the Borough at curbside on the second and fourth
Tuesdays in April, May, June, September, and October. All tree limbs
must be curbside by 7:00 a.m. of the day designated for pickup.
[Amended 8-26-1996 by Ord. No. 1996-10; 12-12-2022 by Ord. No. 2022-8]
E.
Christmas trees shall be collected curbside by the
Borough during the second and third weeks of January. All Christmas
trees must be free of ornaments and tinsel. Christmas trees shall
not be collected by the trash haulers.
[Amended 8-26-1996 by Ord. No. 1996-10]
F.
The stated times of collection for tree limbs, leaf
waste and Christmas trees at the designated pickup location at times
designated by the Borough are the only times that they can be left
at the designated collection point. It shall be unlawful, and punishable
by the penalties stated in this article, for anyone to deposit any
trash, garbage, leaf waste, yard waste, limbs, trees or any other
items for discard on any Borough property.
[Amended 8-26-1996 by Ord. No. 1996-10]
Municipal waste, including recyclable materials
from residences, recyclable materials from commercial, municipal and
institutional establishments and leaf waste shall be collected with
such frequency and on such schedule as Borough Council shall publicly
announce from time to time.
New Freedom Borough may enter into a collection
contract with a collector for collection of all or part of recyclable
materials from the Borough.
No person other than the Borough or its contracted
collector shall collect or pick up or cause to be collected or picked
up any recyclable material from residences or recyclable materials
from commercial, municipal and institutional establishments that has
been placed at the collection point. Each such collection or pickup
in violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
A.
It shall be unlawful for:
(1)
Any person to violate or to cause or to assist in
the violation of any provision of this article or any provision of
Pennsylvania Act 101 concerning recycling;
(2)
Any person to place or to cause to be placed any material
other than those designated herein in a recycling bin;
(3)
Any person to hinder, to obstruct, to prevent or to
interfere with the Borough or its contracted collector in the performance
of any duty under this article or in the enforcement of this article.
(4)
Any person to cause or to allow their pets to cause
recyclable materials from residences, or recyclable materials from
commercial, municipal and industrial establishments, to be scattered
or spilled from recycling bins or bundles that have been placed for
collection;
(5)
Theft of Borough recycling bins;
(6)
Willful damage to and/or unauthorized use of recycling
bins;
B.
All unlawful conduct set forth in this section shall
constitute a public nuisance.
The Borough or, at the direction of the Borough,
the designated collector collecting solid waste generated within the
Borough may refuse to collect solid waste from any person who has
clearly failed to separate recyclables designated under an applicable
section of this article.
Notwithstanding anything herein to the contrary,
any person who is required to separate at the source any recyclable
material from residences, or recyclable materials from commercial,
municipal and institutional establishments, may donate or sell any
recyclable materials from residences, or recyclable materials from
commercial, municipal and institutional establishments, to any other
person; provided, however, that such materials shall not be placed
at the collection point and that the person receiving such material
does recycle it and does not under any circumstances collect the donated
or sold recyclable material from the collection point. The contents
of recycling bins, bundles of newsprint and high-grade office paper
and leaf waste which have been timely placed at the collection point
are deemed to be containing recyclable materials intended for the
Borough contracted collector.
Nothing contained in this article shall be construed
to interfere with or in any way modify the provisions of any existing
contract which is consistent with the laws of the Commonwealth of
Pennsylvania and in force in the Borough on the effective date of
this article.
The persons responsible for separation pursuant to §§ 183-20 and 183-22 shall replace any lost or damaged recycling bins.
Any person who fails to comply with any provision
of this article shall, upon conviction, be fined not more than $600
and costs of prosecution and, in default of payment thereof, shall
be imprisoned not more than 30 days. Each continuing day of violation
of this article shall constitute a separate offense.
