[Adopted 6-14-1976 by Ord. No. 346, approved
6-14-1976]
As used in this article, the following terms
shall have the meanings indicated:
All putrescible (or decayable) wastes, except sewage and
body wastes, including vegetable and animal offal and carcasses of
dead animals, and all such substances accumulated on or removed from
all public and private establishments and properties, including residences,
but excluding recognizable industrial by-products, discarded wood
and lumber, grass clippings, weeds and leaves.
Any individual, firm, partnership, company, corporation,
association, society or group.
Includes rubbish, garbage and trash.
Any person, firm, corporation or other legal entity carrying
on the business of receiving, collecting, transporting or disposing
of garbage, rubbish, trash or other wastes for hire and/or salvage
within the Borough of Conway.
General dry material produced routinely by household, commercial
or industrial establishments, such as paper, cans, bottles and other
containers and ashes.
Includes bushes, branches, Christmas trees, lawn rakings
and similar waste materials, bulky objects, such as discarded household
appliances or equipment or furniture, and building demolition and
construction wastes.
Every owner, lessee or occupant of any building,
premises or place of business within the Borough of Conway shall provide
or cause to be provided at all times suitable and sufficient receptacles
for receiving and containing garbage or rubbish that may accumulate
or be used upon said premises. No receptacle shall exceed 30 gallons
in capacity or 60 pounds in weight when filled. All receptacles containing
garbage shall be watertight with proper tight covers and handles.
Such receptacles shall at all times be securely closed.
A.
The owner or occupant of real property shall be responsible
for the regular collection and/or disposal of all refuse which may
accumulate on the property owned or occupied by him.
B.
No person shall accumulate or permit the accumulation
of refuse on any premises owned by him within the Borough of Conway
except for the purpose of collection, which shall normally occur at
intervals not less frequent than every seven days.
C.
Refuse shall not be burned in any open fire or in any open container within the Borough of Conway except as provided in Chapter 75. Owners of more than two acres of land may bury refuse collected from the Borough of Conway only on the premises upon receiving a permit therefor from the Borough Council. The Council may issue such a permit only upon receiving satisfactory evidence that the burial of such refuse will not create any health hazard to neighboring properties and will not create any unpleasant odors or unsightliness of the neighborhood. Such burial permits shall be valid for a period not to exceed one year and shall be renewed only upon application therefor. If any such burial shall be in violation of the terms of the permit, the Council may revoke the same summarily.
D.
Nothing herein contained shall be construed to prohibit
the maintenance of compost or mulch piles, provided no garbage is
deposited in such piles and further provided that such compost or
mulch piles do not develop noxious odors, attract rodents or otherwise
create a hazard to the health or enjoyment of neighboring property
owners.
No person shall throw, deposit or burn, or cause
to be thrown, deposited or burned, any refuse or leaves in or upon
any public highway, street or place, including gutters or drainage
ditches, or on any property not owned by him within the Borough of
Conway.
No person shall engage in the business of receiving,
collecting, transporting or disposing of garbage, rubbish, trash or
other wastes for hire within the Borough of Conway without first obtaining
a license to do so from the Borough Council and paying the fee for
such license as may from time to time be fixed by the Council.
[Amended 10-9-1989 by Ord. No. 425, approved
10-9-1989]
A.
A bond in the sum of $2,500 shall be executed by every
person or corporation engaging in the refuse collection business within
the Borough of Conway and shall be filed with the Secretary before
such license shall be issued. Such bond shall be conditioned that
said licensee will comply with the laws, codes, ordinances and regulations
of the Commonwealth of Pennsylvania, County of Beaver and Borough
of Conway and all lawfully issued orders of the Borough Council and
that the Borough of Conway will be indemnified and saved harmless
from any and all claims or damages or liabilities caused by or arising
out of the failure of the licensee, his agents or employees to comply
with applicable statutes, ordinances, rules, regulations or orders.
Said bond shall be in such form and contain such sureties as shall
be approved by the Council or its designated representatives.
B.
In lieu of posting a performance bond, the Borough
of Conway may retain 5% or more of all monthly installments due to
any refuse collector toward future performance and indemnification
for all damages or liabilities caused by or arising out of the failure
of the collector or his agents to comply with all applicable statutes,
rules, ordinances, regulations or reasonable standards of care in
the performance of their duties.
The refuse collectors shall not permit refuse
to fall or collect upon the street or ground from which they are collecting,
nor shall they permit refuse to sift out or fall from any vehicle
or in any way become distributed upon or along private property or
on the public streets or other thoroughfares.
Any person who shall be convicted of a violation
of any of the provisions of this article before any District Magistrate
shall be sentenced to pay a fine of not more than $300, together with
costs of prosecution, or to imprisonment in the county jail for a
term not to exceed 30 days, or both.
