[Adopted 3-22-1972 by Ord. No. 1972-1 (Ch. 20, Part 1, of the 1983 Code of Ordinances)]
[Amended 12-12-2022 by Ord. No. 2022-8]
As used in this article, the following terms shall have the
meanings indicated:
The Municipal Waste Planning, Recycling and Waste Reduction
Act,[1] Act 101 of 1988 as amended by Act 140 of 2006, or hereafter
amended.
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.
The residue resulting from the burning of wood, coal, coke
or other combustible material.
The York County Solid Waste and Refuse Authority, its replacement
or successor.
The Borough of New Freedom, York County, Pennsylvania.
All vegetative garden residue, shrubbery and tree trimmings,
exclusive of grass clippings and leaves.
The location where municipal waste and recyclable materials
are 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 a street, collection
shall be made at either as the Borough Council may, from time to time,
decide in its sole discretion. If the property has no frontage on
a public street or alley, collection shall be made at the collection
point approved by the Borough Council, contractor and the owner of
the collection point.
An individual, partnership, firm or corporation which has
been licensed by the York County Solid Waste Authority to collect
and transport municipal waste and recyclable materials.
Any property or portion thereof which is intended for or
actually used for carrying on a trade, business or profession, or
for social, educational, charitable or other public purpose.
A microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
A receptacle which is constructed of plastic, metal or fiberglass
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors or
a polyethylene bag which is specifically designed for storage and
collection, is protected against animal damage and overloading so
as to prevent littering or attraction of insects or rodents and has
a holding strength capable of withstanding normal stresses until it
is collected.
An individual, corporation or partnership with whom the Borough
shall enter into or contract, from time to time, for collection, transportation,
and disposal of municipal waste.
A covered computer device and covered television device marketed
and intended for use by a consumer as defined by PA Act 108 of 2010,
also known as the "Covered Device Recycling Act."[2]
The correct location for the placement of refuse containers
and recycling containers for the purposes of collection by a collector,
which shall be adjacent to the residential unit and no more than three
feet from the public street used by collection vehicles and otherwise
out of the travel lane of motorized vehicles.
All animal and vegetable wastes resulting from the handling,
preparation, cooking and/or consumption of food. It shall not include
more than a minimum amount of free liquids or food processing wastes
from canneries, packing plants or similar industries, nor large quantities
of condemned food products.
Any property or portion thereof which is intended to be used
or is actually used in whole or in part for the manufacture, conversion
or assembly of any product, commodity or article.
Large or bulky items, not normally collected as part of the
normal municipal waste collection services. Large items include, but
are not limited to refrigerators, stoves, dishwashers, hot-water heaters,
washing machines, dryers, freezers, televisions, air conditioners,
chairs, rolled carpet, desks, bureaus, tables, mattresses, box springs,
bed frames, sofas, lawn mowers, bathtubs, toilets, sinks, windows,
window screens, doors and similar household items, and tire rims,
with tires removed.
Leaves and tree trimmings of less than 1/4 inch in diameter
and not more than 10 inches in length and similar material, but not
including grass clippings and/or brush.
A property with three or more residential units including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks within the Borough.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act[3] from a municipal or institutional wastewater treatment
plant. The term does not include designated recyclable materials.
All commercial, municipal and institutional units and community
activities, excluding residential units and multifamily units.
Furniture, appliances, building materials, large items and
similar waste, but not including designated recyclable materials,
regulated municipal waste, leaves or brush.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
The rules and regulations adopted and revised, from time
to time, by the Borough which govern and pertain to the Borough's
recycling program and the collection, storage or transportation of
municipal waste within the Borough.
Any material which would be regulated municipal waste but for source separation and which will be separated, collected and processed into raw materials or products which are beneficially reused (other than as fuel). Recyclable materials are designated in Article III of this chapter.
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.
All solid wastes (except body wastes, covered devices and
recyclable materials) including garbage, rubbish, ashes and trade
wastes.
All municipal waste, excluding designated recyclable materials,
leaves, brush and other municipal waste.
Any single-family detached, semidetached, townhouse dwelling
or a dwelling unit within a multifamily building containing two or
fewer dwelling units.
All waste materials not included in the term "garbage" and
excepting:
That resulting from building construction, repair or demolition;
That resulting from the manufacturing or industrial processes,
including, but not by way of limitation, those carried on in factories,
processing or packing plants, canneries, refineries, slaughterhouses
or steel mills;
Dead animals;
Machinery or motor vehicles, or parts of either (excepting tire
rims);
Hazardous materials, including infectious or pathogenic hospital-type
wastes, radioactive waste and explosive or volatile materials, pressurized
spray cans, paint, oil, gasoline, kerosene, paint thinner and other
similar liquids;
Those substances included within the term "sanitary sewage";
Covered devices;
Those waste materials not commonly produced in homes, restaurants,
offices or retail stores; and
Those materials falling within the definition of "recyclable materials" as set forth in Article III of this chapter.
A single quantity of refuse having a maximum gross weight,
including the container, of not more than 50 pounds when filled. Where
refuse is placed in a ninety-six-gallon trash cart or toter, a maximum
of three units of refuse with a maximum weight of 150 pounds may be
placed in the trash cart or toter for collection.
[Last amended 12-12-2022 by Ord. No. 2022-8]
A.
Charges are imposed upon and shall be collected from
the owner of each tract of real estate in the Borough for the availability
of refuse and recycling services provided by the Borough, for each
residence, each commercial establishment and industrial establishment
situate thereon, in an amount as set by resolution of Borough Council
from time to time upon award of the contract for the collection of
refuse and recycling by the contractor.
B.
A pro rata portion of the annual charges is imposed
upon and shall be collected from the owner of each tract of real estate
in the Borough for the availability of the refuse and recycling collection
service provided by the Borough for each new residence, commercial
establishment, industrial establishment, small commercial establishment,
or small industrial establishment, which shall have come into existence
after the first day of the calendar year, which shall be the same
proportion as the portion of the calendar year remaining after the
residence or establishment shall have come into existence shall bear
to the entire year.
[Amended 12-19-1996 by Ord. No. 1996-12; 12-12-2022 by Ord. No. 2022-8]
A.
The maximum quantity of refuse which will be collected
at each collection point from a tract of real estate for a residence,
commercial establishment and industrial establishment shall be three
units of refuse, which must fit into a ninety-six-gallon trash cart
or toter, not to exceed a maximum weight of 150 pounds.
B.
Only refuse originating on a tract of real estate
will be collected from the tract.
A.
Except as otherwise set forth, refuse shall be placed
inside containers made of rust- and corrosion-resistant materials,
or disposable bags, and which are capable of withstanding the stresses
which might reasonably be expected to be placed upon them by the weight
of the contents, handling, the elements, vermin or animals and of
being closed securely, and which when so closed will prevent leakage,
scattering by wind and elements and will not attract insects or vermin
or other animals, and such containers or bags shall be kept securely
closed.
C.
Large units which require no enclosure as described
to prevent leakage, scattering and do not attract insects, vermin
and other animals need not be so placed in containers.
[Amended 5-23-1988 by Ord. No. 1988-5]
Containers shall be set at the curbline of the
street by 6:00 a.m. of the day of collection but no earlier than 5:00
p.m. of the day prior to the day of collection.
[Amended 12-12-2022 by Ord. No. 2022-8]
Empty containers shall be removed from the curbline
no later than 6:00 a.m. on the day following collection of refuse.
[Amended 12-12-2022 by Ord. No. 2022-8]
Collection shall be made at least once each
week at those times as Council may, from time to time, by resolution
decide and give public notice.
No person shall place waste upon a street, or
other public place, or upon private property, whether owned by the
person or not, within the Borough, except in required containers awaiting
collection by the Borough, or, in case of quantities or items of refuse
larger than that for which the Borough provides collection or wastes
for which the Borough does not provide collection, in containers awaiting
collection in a fashion previously approved by Council.
No person shall place garbage, rubbish, or other
waste on a tract of real estate for collection other than what has
originated on the tract of real estate.
[Amended 5-13-1974 by Ord. No. 1974-6; 12-13-1976 by Ord. No. 1976-4; 10-11-1993 by Ord. No.
1993-16; 12-14-1998 by Ord. No. 1998-12; 9-17-2007 by Ord. No. 2007-3; 12-10-2007 by Ord. No.
2007-9; 7-11-2011 by Ord. No. 2011-2; 12-10-2012 by Ord. No.
2012-6; 10-17-2016 by Ord. No. 2016-2; 11-18-2019 by Ord. No. 2019-3]
B.
The rates
shall be due and payable upon receipt per quarterly billing period.
One quarter of the annual rate will be billed in January with a due
date on or about February 1, the second quarter will be billed in
April with a due date on or about May 1, the third quarter will be
billed in July with a due date on or about August 1, the fourth quarter
will be billed in October with a due date on or about November 1.
The customer has the option of paying the entire annual rate upon
receipt of the January bill.
[Amended 12-12-2022 by Ord. No. 2022-8]
C.
All bills
shall be payable upon presentation at the Borough Office, or such
other business office as may be designated by the resolution of Borough
Council from time to time. The date of payment shall be the date on
which the Borough actually receives payment, whether physically or
electronically.
[Amended 12-12-2022 by Ord. No. 2022-8]
D.
If the
rate and charges shall not be paid prior to the gross due date, the
account shall become delinquent. When the amount billed has become
delinquent, an administrative charge of 10% of the net amount shall
be added. If the delinquent amount is placed on a lien, the amounts
of rates and charges for which a lien is filed in the office of the
Prothonotary shall bear interest at the rate of 10% per annum or the
highest rate allowable by law, if said rate lower, from and after
the date of the filing of the lien.
[Amended 12-12-2022 by Ord. No. 2022-8]
E.
Every
owner of a property upon which is a residence, commercial establishment
or industrial establishment shall provide the Borough with, and shall
keep the Borough advised of, his correct address. Failure of any person
to receive the bill for refuse collection charges shall not be considered
an excuse for nonpayment nor shall the failure result in an extension
of the period of time during which the bill shall be payable.
F.
Charges for collection hereunder shall be and constitute a lien on the property upon which the residence, commercial or industrial is located, any and such charges which are not paid within the period set forth in Subsection B, above, at the discretion of the Borough, shall be filed as a lien against the property, which lien shall be filed in the office of the Prothonotary of York County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collection of municipal claims.
[Amended 12-12-2022 by Ord. No. 2022-8]
G.
The pro
rata portion of the annual charges shall be due and payable on the
first day of the second calendar month immediately following the month
in which the new residence, commercial establishment, industrial establishment,
small commercial establishment, or small industrial establishment
on which such charge is imposed shall have come into existence.
It is declared that the enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of the Borough.
