All refuse accumulated in the Borough shall
be collected, conveyed and disposed of by the Borough; provided, however,
that the Borough Secretary (hereinafter referred to as "Secretary")
may require, subject to the provisions set forth hereinafter, the
following persons to personally collect, convey and dispose of that
refuse in accordance with all regulations for collection, conveyance
and disposal prescribed in this Part or made by Borough Council (hereinafter
referred to as "Council"), or to pay such additional fees as may be
required for the removal of that refuse:
A. Any person whose accumulated refuse at each time of
collection is excess of three thirty-two-gallon containers or their
equivalent by weight or volume, if such collection constitutes an
unreasonable burden upon the Borough's garbage collector.
B. Any commercial or industrial establishment whose refuse
contains confidential material.
C. Any person whose refuse, by its size or nature, is
unreasonably difficult and/or dangerous to be collected by the Borough's
refuse collector, as determined by the Secretary.
D. Any person whose particular property includes more
than four dwelling units.
E. Any commercial property producing "large-commercial waste," as defined in Article
I of this Part.
F. No waste shall be collected by the Borough from any
and all restaurants, and it is the responsibility of those businesses
to contract with a third party for the removal of the waste.
[Added 12-5-2005 by Ord. No. 1007]
Council may have garbage and rubbish collected
separately.
The cost of the service for collection of refuse
under this Part, as may be fixed from time to time by Council, shall
be borne and paid by the owner of the premises from which refuse is
collected or upon which refuse is accumulated and disposed of, and
the person producing the refuse, or responsible for the existence
or disposal of it, or for whom the refuse is removed, if that person
is not the owner, shall be jointly and severally liable with the owner
for the payment of that cost.
Council is authorized to contract for the performance
of the services provided by this Part and to award a contract for
the service from time to time for such period of time as shall be
determined by Council, which contract shall require the contractor
to assume all responsibility for the collection of refuse in the Borough
in accordance with the provisions of this Part and regulations, orders
and specifications provided under the authority of this Part, and
to convey, dump and dispose of all such refuse at a facility designated
by the Borough and to fix and regulate, in a manner not inconsistent
with the terms of this Part, and 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 the contract and the
time or times for the payment for the service.
All persons within the Borough, other than those excluded under §
241-4, 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 Part or by the Secretary.
Ownership of refuse set out for collection shall
be vested in the Borough.