[Adopted 3-7-1989 as Ord. No. 981]
As used in this Article, the following terms
shall have the meanings indicated:
- AUTHORIZATION
- Permission or consent from the person, resident or business entity placing refuse materials for collection and disposal, to sort, remove, reclaim or otherwise disturb refuse materials properly placed for collection and disposal.
- PERSON
- Any individual, partnership, corporation, association, institution, cooperative enterprise or other entity classified as a person under Pennsylvania law.
- REFUSE MATERIALS
- All garbage, rubbish and all other materials abandoned or discarded as useless or unwanted by any person, resident or business entity in Brentwood Borough and placed at a properly designated collection location for collection by the refuse collector authorized by, and contracting with, Brentwood Borough to provide refuse collection and removal services.
- SCAVENGING
- The unauthorized sorting, removal, reclamation or disturbance of refuse materials placed at a properly designated collection location.
A.
It shall be unlawful for any person to dispose of
any refuse material in Brentwood Borough, except in accordance with
the provisions of the rules and regulations adopted and enacted by
the Commonwealth of Pennsylvania, the Allegheny County Health Department
and the ordinances of Brentwood Borough.
B.
It shall be unlawful for any person, other than the
person, resident or business entity placing any refuse material at
a designated collection point for collection and removal, or other
than the refuse collector authorized by the borough, to sort, remove,
take possession of, reclaim or otherwise disturb any refuse material
placed on public or private property within Brentwood Borough, without
first securing permission from said person, resident or business entity
placing said refuse material for collection.
C.
It shall be unlawful for any person to scavenge any
materials or things from refuse materials stored or deposited for
collection and disposal within Brentwood Borough.
D.
Notwithstanding any other provision of this Article,
it shall be unlawful for any person other than the person, resident
or business entity placing any refuse material at a designated collection
point for collection and removal, to scavenge, remove or divert from
the regular designated procedures for refuse collection, reclamation
and recycling, any material of the classes including:
Any person, other than the authorized refuse collector for the borough, who desires to seek the consent of any person placing refuse material for collection and removal to remove or divert any refuse material from the borough authorized collection process, or otherwise intends to remove or divert materials from refuse placed for collection and removal, shall be deemed to be engaging in a "transient retail business" as that term is defined in Chapter 194, Transient Retail Businesses, and shall be required to apply for a license, pay the license fee and obtain a license from the Mayor of the Borough and to comply with all other regulations of Chapter 194, Transient Retail Businesses, prior to requesting or securing consent from any person to remove refuse from collection points in the borough and prior to engaging in any activity involving removal or diversion of refuse from a collection point in the borough.
Any person violating the provisions of this
Article shall, upon conviction before a District Justice, be subject
to the maximum penalties provided by law, including a fine not to
exceed $600 and incarceration not to exceed a period of 30 days for
failure to pay all fines and costs lawfully imposed. Each occurrence
or transaction involving any act of scavenging or unauthorized sorting,
removal, reclamation or disturbance of refuse materials, as described
herein, shall be deemed a separate offense and a separate violation
of the provisions of this Article.
