[HISTORY: Adopted by the Borough Council of the Borough of Rockledge as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-1964 by Ord. No. 303 (Ch. 20, Part 1, of the 2005 Code of Ordinances)]
[Amended 1-9-1967 by Ord. No. 321; 12-1981; by Ord. No. 416; 1-12-1987 by Ord. No. 443]
As used in this article, the following terms shall have the meanings indicated:
COLLECTOR
The person, firm, association, partnership or corporation granted a contract for the collection, removal and disposal of garbage and refuse within the Borough.
GARBAGE
All putrescible wastes, except sewage and body waste and carcasses of dead animals, and shall include all animal wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER, GARBAGE, REFUSE AND RUBBISH
As defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PARK
A park, reservation, playground or recreation center or any other public area in the Borough owned or used by the Borough and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or vacant, and shall include any yard, grounds, walk, driveway, porch or other structure appurtenant to such dwelling, house or building.
PUBLIC PLACE
Any and all streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible or nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
UNIT
A. 
In the case of a single-family dwelling or townhouse, as defined in Chapter 540, Zoning, of this Code, which is incorporated herein, said single-family dwelling or townhouse shall constitute one unit for the purposes of this article.
B. 
In the case of a two-family dwelling or residence, as said term is defined in Chapter 540, Zoning, as amended, which definition is incorporated herein, said two-family dwelling or residence shall constitute two units.
C. 
In the case of a multifamily dwelling, as said term is defined in Chapter 540, Zoning, as amended, which definition is incorporated herein, said property shall constitute a unit which is being occupied or that could be occupied by each family living independently of the other at said property location but not greater than four families for the purposes of the property owner being qualified to receive garbage and refuse collection to be provided by the Borough of Rockledge.
D. 
In the case of the property located in the Borough of Rockledge which is being used in accordance with the requirements of Chapter 540, Zoning, as amended, or prior zoning ordinances applicable for uses allowed or permitted in the Retail Office District or Highway Business District, as established by Chapter 540, Zoning, of this Code, a "unit" shall consist of each retail, service or general business establishment or professional office occupying or physically comprising the premises in the case of a property located in the Borough of Rockledge and contained within the Retail Office District or Highway Business District, which retail, service or general business establishment or professional office is separate and apart from each other.
VEHICLE
Every device upon, in or by which any person or property is or may be transported or drawn upon a highway.
The Borough Council, in the manner provided by law, shall award a contract, from time to time, to a collector in order to provide for the collection, removal and disposal of garbage and rubbish within the Borough.
[Amended 6-12-1978 by Ord. No. 402; 12-1981; by Ord. No. 416; 1-12-1987 by Ord. No. 443; 12-14-1987 by Ord. No. 448; 12-12-1989 by Ord. No. 459; 12-11-1989 by Ord. No. 468; 12-10-1990 by Ord. No. 480; 12-11-1991 by Ord. No. 487; 12-14-1992 by Ord. No. 495; 12-19-1993 by Ord. No. 501; 1-13-1997 by Ord. No. 527; 3-10-1997 by Ord. No. 528; 12-11-2000 by Ord. No. 564; 12-23-2002 by Ord. No. 581]
The following regulations shall apply to the collection of garbage and rubbish within the Borough, which regulations may be amended, from time to time, by proper resolution of the Borough Council:
A. 
The Borough, by and through its contracted third-party waste hauler, is solely responsible for the collection of all trash, rubbish, garbage and waste as described each year in its contract with the hauler from all units described in Subsections A, B and C of the definition of "unit" contained in this article, i.e., from all single-family units and all multiple-family units of four families or less. Owners of such units are responsible for the waste removal fee even if the Borough's contracted hauler is not utilized for waste removal by the residents. Owners or residents of such units are prohibited from entering into separate contracts for the hauling of waste. Pursuant to the definition of "unit," the Borough's collection of waste shall not apply to multifamily dwellings of greater than four families, nor to those units described in Subsection D of the definition.
[Amended 10-27-2008 by Ord. No. 606]
B. 
All rubbish shall be set out for collection in watertight, rust-resistant containers made of metal, plastic or other durable material, equipped with a tight-fitting lid; provided, however, that where rubbish, by reason of its character or size, cannot be made to fit in a container of 40-gallon capacity, it shall be tied in bundles and firmly secured so as to prevent it being carried away or scattered by the elements. All boxes, crates or barrels shall be collapsed and securely tied in bundles. No such rubbish container, together with contents, shall weigh more than 75 pounds, and no rubbish bundle shall weigh more than 40 pounds. In no event shall paper bags be used as a container in which garbage or rubbish is deposited for collection.
C. 
No garbage or rubbish shall be transported from outside the Borough for collection and removal within the Borough.
D. 
The Borough and the collector will not be responsible for the removal of rubbish or waste materials resulting from the construction, erection, demolition, alteration or remodeling of buildings, sidewalks, curbs, driveways or other structures, and it shall be the responsibility of the owners and occupiers of the premises upon which such materials accumulate to remove them from the Borough.
E. 
All garbage and rubbish to be collected shall be deposited at the curb not earlier than 8:00 p.m. of the day prior to the day fixed for collection, and the empty containers shall be removed from the curb and sidewalk area not later than midnight of the day of collection. When not placed curbside for collection on the evening prior to pickup, all waste, including recyclables, bagged yard waste, bulk items, and all forms of trash, rubbish or garbage, shall be stored immediately alongside or behind the principal structure, and shall not be stored in the front yard or along the front property line.
[Amended 9-14-2015 by Ord. No. 650]
F. 
An annual charge will be assessed each year against the owner of each property for refuse removal. The amount of such charge shall be as established and modified from time to time by resolution of Council. The charge will be assessed separately to each individual unit at a given location.
[Amended 10-27-2008 by Ord. No. 606]
(1) 
Time of payment. The annual charge(s) for garbage and refuse collection shall be paid by the owner or owners of the properties served by the Borough of Rockledge, as restricted by this article, to the Tax Collector of the Borough at the times fixed for the payment of the annual taxes assessed and levied against real estate within the Borough, and the same discount allowed for and the same penalty imposed upon the payment of such annual real estate taxes shall be applied to the said annual charge(s) for garbage and refuse collection.
(2) 
Liens. The annual charge(s) shall be a lien on properties charged with the payment thereof from the 31st day of December of the year in which any charge(s) shall become payable and may be collected by an action in assumpsit, or by distress upon personal property or the premises, or by a lien filed in the nature of a municipal claim.
(3) 
Discount period. All taxpayers subject to the payment for garbage and refuse collection charge(s) by the Borough of Rockledge, Montgomery County, Pennsylvania, shall be entitled to a discount of 2% from the amount of such charge upon making payment of the whole amount thereof within two months after the date of the notice. No discount will be permitted after the expiration of the two-month discount period.
(4) 
Penalty period. All taxpayers subject to the payment of garbage and refuse collection charge(s) assessed by the Borough of Rockledge, Montgomery County, Pennsylvania, who shall fail to make payment of the aforementioned charge(s) against them for four months after the date of the notice, shall be charged a penalty of 10% of the amount of such charges.
(5) 
Authorization of Tax Collector to collect. The Tax Collector of the Borough of Rockledge is hereby authorized to charge a penalty of 10% against those property owners who shall fail to make payment of the aforementioned garbage and refuse collection charge(s) against them for four months after the date of the notice, and such penalty shall be added to the charges by the Tax Collector and be collected by him/her.
(6) 
Collection fee; suit. When any garbage and refuse collection charge(s) become the subject of collection by legal process or the filing of a municipal claim, then there shall be charged interest against the amount owed at the rate of 10% per annum.
(7) 
Senior citizens' discount. Upon application as described in this paragraph, a 40% discount shall be applied to the annual charge assessed for garbage and refuse collection when the owner of the property is 65 years of age or older (or, when there is more than one owner, when any owner attains the age of 65). In order to qualify for said rebate, the resident must be 65 years of age or older, be the owner of the property in question, reside at the given address and must qualify for the discount by making application for same. Said rebate is only for single-family dwellings and may not be applied against a multiple-dwelling unit or a business property. An application for said rebate must be filed once not later than December 31 of the year in question. Any person who has already applied for a discount against sewer rental charges and who is qualified to receive said discount for the year 1987 will receive a discount against the charge(s) for garbage and refuse collection at the same rate as stated herein.
[Amended 1-9-2012 by Ord. No. 627; 12-16-2019 by Ord. No. 665; 2-24-2020 by Ord. No. 667]
(8) 
An annual fee for garbage and refuse collection for the calendar year 2006 and thereafter shall be set from time to time by the Borough Council, said charge to be assessed against each property and said charge to be assessed for each individual unit or units comprising the property, as defined in § 434-1 of this article.
[Added 12-12-2006 by Ord. No. 594; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9) 
Each property owner for each property located in the Borough of Rockledge, which owner does not receive garbage or refuse collection services from the Borough of Rockledge, shall be required to pay an annual fee as shall be set from time to time by the Borough Council, commencing on January 1, 2003, to be assessed against each individual unit or units comprising the property, which charge is to cover the cost of recycling for said property owner and unit or units.
[Added 12-12-2006 by Ord. No. 594; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall throw or deposit litter in or upon any street, sidewalk or other public places within the Borough except in public receptacles or in authorized private receptacles for collection. Persons placing litter in public or private receptacles shall do so in a manner to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place, or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place within the Borough, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any of its contents, load or litter from being blown or deposited upon any street, alley or other public place.
No person shall throw or deposit litter on any occupied private property within the Borough, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized receptacles for collection in such manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
[Amended 5-8-1967 by Ord. No. 324; 3-14-2005 by Ord. No. 590; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Adopted 8-10-1992 by Ord. No. 491 (Ch. 20, Part 2, of the 2005 Code of Ordinances)]
A. 
The Borough of Rockledge has established a mandatory program to separate, collect and dispose of certain recyclable solid waste.
B. 
The Borough of Rockledge has entered into an agreement to implement said recycling program.
C. 
The Borough Council of Rockledge has determined that it is appropriate and in its interest for the health, safety and welfare of the residents of the Borough of Rockledge to regulate the collection and disposal of recyclable solid waste.
[Amended 9-13-1993 by Ord. No. 499; 7-9-2001 by Ord. No. 594]
As used in this article, the following terms shall have the meanings indicated:
NEWSPAPERS
A paper product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether enclosed with the newspapers or not.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
PLASTIC BOTTLES
#1 polyethylene terephthalate (PET) and #2 high density polyethylene (HDPE).
RECYCLABLE COLLECTOR
A contractor under contract with the Borough of Rockledge to provide collection of recyclables for manufacturing or reuse, subject to the terms and conditions of said contract with the Borough of Rockledge.
RECYCLABLES
Solid waste consisting of newspapers, glass bottles and jars, and aluminum and tin metal food or beverage cans, plastic bottles and such other materials as hereafter designated by and approved by the Borough Council.
RESIDENT
Any person residing in or owning, leasing, occupying or operating any business, commercial enterprise or service institution within the Borough of Rockledge, who is currently receiving refuse collection services from the Borough of Rockledge or will in the future receive refuse collection services from the Borough of Rockledge.
RESIDENTS NOT CURRENTLY RECEIVING REFUSE COLLECTION SERVICES FROM BOROUGH OF ROCKLEDGE
Residents who are not receiving refuse collection services from the Borough of Rockledge can comply with the mandatory recycling requirements of this article by contracting with third parties. Written permission to contract with third parties for recycling services must be received in advance from Borough Council. Tonnage reports must be provided to Borough Council by the resident for the prior calendar year by no later than January 31 of the year which follows. Said residents must provide their own adequate containers for recycling collection. Sufficient documentation must be produced to Borough Council when the contract is initially entered into. Thereafter, sufficient documentation of the contract for recycling shall be produced to Borough Council upon demand, in order to ensure compliance with the mandatory recycling requirements of this article.
SOLID WASTE
Materials or substances discharged or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous forms, street cleanings, dead animals, abandoned vehicles, industrial waste, hazardous waste and construction and demolition debris.
[Amended 9-13-1993 by Ord. No. 499; 7-9-2001 by Ord. No. 594]
A. 
Participating residents and those residents who are not currently receiving refuse collection services from the Borough of Rockledge who wish to comply with the mandatory recycling requirements of this article and have contracted with third parties for recycling services shall separate recyclable solid waste as follows:
(1) 
Aluminum and metal cans and glass shall be placed in separate containers supplied by the Borough to those residents who must comply with the mandatory requirements of this article. Those residents who are not receiving refuse collection services from the Borough and who apply to the Borough for written permission to recycle those materials required by this article by contracting with third parties must provide their own containers for recycling.
(2) 
Newspapers shall be bundled or placed in paper bags.
B. 
Recyclables for collection shall be placed in containers provided by the Borough and placed at the curbside on the dates prescribed by the Borough Council. Excess recyclable materials shall be placed in additional appropriate containers provided by the resident, next to the Borough-provided containers on the day prescribed.
C. 
Borough Council shall, by resolution, designate the days of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall not be collected or removed from any area except on the day of the week designated by Borough Council.
D. 
Ownership of recyclables set out for collection, as herein provided, shall thereupon vest in the Borough. It shall be unlawful for any person, other than that person under contract with or employed by the Borough and any other person to whom the Borough has given its express written permission to remove recyclables in accordance with Subsection C above, to collect, remove or dispose of recyclables which are the property of the Borough or other solid waste which retains any commercial value of reuse, resale or salvage.
[Amended 9-13-1993 by Ord. No. 499; 3-14-2005 by Ord. No. 590]
A. 
Any person engaged in the business of collecting solid waste, other than persons under contract with or employed by the Borough, who shall collect, remove or dispose of recyclables which are property of the Borough or other solid waste which retains any commercial value for reuse, resale or salvage, shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
B. 
Any person who fails to comply with the mandatory requirements of the recycling program shall be guilty of a violation punishable by a fine not exceeding $100. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]