The following words and phrases as used in this
article shall have the meanings ascribed herein, unless the context
clearly indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
Large items of solid waste, including but not limited to
large auto parts, household appliances or furniture, trees, branches
or stumps or other large items that may require special handling due
to their size, shape or weight.
A City employee, if and when the City decides to take over
and perform the function of collection of solid wastes as a part of
its regular municipal responsibilities, otherwise, it means the employees,
agents and/or servants of any contractor or individual who has been
selected by the City Council of the City of Butler and who has been
properly licensed by the Commonwealth of Pennsylvania and authorized
to assume the responsibility of the aforesaid function.
All areas occupied and used primarily for business or social
purposes and includes stores, bakeries, restaurants, cafeterias, hotels,
clubs, schools, churches and other public gathering places or buildings.
The term "curb" means a concrete border or row of joined
stones forming part of a gutter along the edge of a street. The term
"curbline" means the inside edge of the top of the curb. In areas
where no curb is present, it shall mean the edge of the sidewalk closest
to the roadway. If no sidewalk is present, it shall mean the edge
of the property line that abuts the roadway.
Solid waste, comprised of garbage and rubbish that normally
originates in a residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Any person, firm, copartnership, association or corporation
who has been licensed by the Commonwealth of Pennsylvania to collect,
transport and dispose of refuse.
Any solid waste or combination of solid wastes, as defined
in the Act, that because of its quantity, concentration or physical,
chemical, or infectious characteristics may cause or significantly
contribute to an increase in mortality or morbidity in either an individual
or the total population, or pose a substantial present or potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
The person designated by City Council as the inspector of
garbage and refuse collections and disposal, who shall make such inspections
and investigations to assure compliance with the provisions of this
article and any other ordinance of the City relating to the collection
and disposal of garbage or refuse.
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
materials 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
under Act 97.
A combination of all discarded articles or materials, ashes,
and rubbish, but excluding garbage, sewage and liquid wastes.
Mixed fragments resulting from the use of household necessities,
including but not limited to glass, china, metal, tin, wood, leather,
rubber, carpeting, prunings from vines and shrubbery and other foreign
matter, but excluding garbage.
Noncomposted tree trimmings, leaves, branches, shrubs, grass
clippings and other by-products of vegetative growth.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
Each family, dwelling and/or commercial establishment
shall provide, at its own expense, sufficient containers to provide
adequate storage for all garbage accumulating on its individual premises
for at least one week. Each container shall be watertight and constructed
of either galvanized metal or plastic and shall have tight-fitting
covers that prevent the elements from affecting the garbage stored
therein. Each container shall have the address of the property on
the outside of the container.
[Amended 6-23-2016 by Ord. No. 1730]
B.
Before being placed in a container, garbage shall be thoroughly drained of all liquid and either wrapped in newspaper or secured in a plastic garbage bag secured with drawstrings or other metal or plastic ties. On the day of collection, containers shall be placed at the property's front curbline or other designated location that is agreeable to the collector. (See § 226-3 below.)
C.
All containers shall be kept clean by the owner and,
if necessary, disinfected. Each family or commercial establishment,
upon receipt of two weeks' written notice from the City's inspector,
shall replace at its own expense any container that is no longer sanitary
or fit for the purpose intended as the result of rusting or from any
other damage.
A.
All rubbish shall be assembled, boxed, bundled separately
or placed in sturdy plastic bags of a reasonable size and in such
a manner that all items can be handled by one person and will not
be disseminated by wind or otherwise while awaiting collection. All
prunings from vines and shrubbery and tree limbs shall not exceed
36 inches in length and shall be securely tied in bundles.
B.
Residents must coordinate with the City's contractor
for the pickup of bulky waste items that require special handling,
and they must comply with the contractor's guidelines that govern
bulky waste items.
C.
All household rubbish/refuse shall be placed at the
curbline on the morning of the day designated by the collector for
collection thereof, or on the evening prior thereto. Where a property
abuts on or adjoins an alley, street or way at the rear or side, materials
for collection may be placed at such curb. Otherwise, they will be
placed at the front street curb in such a manner that does not block
the public right-of-way or traffic on City streets.
D.
All items placed at the curbline or other designated
area for collection shall be at street level, and the collector shall
not be required to make collection from a dwelling unit to which access
is unavailable for his equipment.
No person shall accumulate or allow to remain
on his premises or property, either directly or indirectly under his
control or other private or public property within the City, any garbage,
offal, carcasses, putrid or other offensive or unwholesome matter
or cast the same upon any lot, piece of land or parcel of land, either
public or private, or upon any street or sidewalk within the City
or upon the shores or margin area or any stream or body of water or
into any sewer inlet, excepting through kitchen sink garbage disposal
units. No person shall use or permit to be used any location or place
within the City as a public or private dump for the accumulation of
garbage or any other class of refuse. Any person found guilty of violating
any of the foregoing regulations shall be subject to the penalties
hereinafter provided.
A.
The City may, if it so desires, assume the functions
of collecting, with its own equipment and employees, garbage and/or
refuse from residential and/or commercial areas, or it may contract
with a collector for these services.
B.
All collectors must use reasonable care in handling
garbage and refuse containers provided by residents and business owners
so as to prevent damage thereto. If containers are carried to the
truck for emptying, care must be taken to prevent the contents thereof
from spilling on the premises and/or public highway. In the event
that such spilling occurs, the collector shall clean up the material
so spilled and place it in his truck.
C.
Collectors must ensure that no spilling of any material
occurs from their trucks either inside or outside the City. In the
event that it does, they will clean it up and replace all spilled
materials in their trucks.
D.
No person, except an authorized contractor or other
licensed collector, shall collect garbage and/or refuse within the
City and transport the same over City streets, and no garbage or mixture
of garbage and refuse shall be transported through the City unless
the body of the truck is constructed of steel and is watertight.
E.
Private disposal.
(1)
Owners of domestic areas shall be responsible for
preventing accumulation of waste on their properties and for violations
of City ordinances or regulations dealing with storage and removal
of solid waste. All owners of domestic areas shall contract with the
hauler licensed by the City of Butler to provide such service or provide
the City of Butler, or its designee, with proof that the owner will
be providing for disposal of the garbage or refuse generated from
his or her property on his or her own.
(2)
In instances where the owner desires to dispose of
the garbage or refuse on his or her own, the owner shall provide the
City, or its designee, with the dates and times for the collection,
the manner of collection, the equipment to be used in transporting,
and the site for disposal of the garbage or refuse. All equipment
shall be free from leaks and shall not permit garbage or refuse to
be scattered upon any streets or alleys of the City. This subsection
shall not be construed to authorize any owner of a premises consisting
of four or fewer domestic units to contract with a hauler other than
the contractor having the exclusive right to collect garbage or refuse
within the City and instead is intended to recognize the owner's right
to lawfully dispose of garbage or refuse by hauling and disposing
of it by his or her own means.
(3)
The responsibility imposed upon owners of domestic
areas by this subsection may not be satisfied by delegation to tenants,
lessees, invitees, householders or any other person.
A.
Should City Council decide to award a contract for
the exclusive right to collect either garbage or other refuse, or
both, such contract shall be awarded from time to time for such periods
as shall be determined by Council and shall be awarded to the lowest
responsible bidder, following the procedures prescribed in the Third
Class City Code[1] for the award of contracts in such manner as prescribed
by law. Such contract shall fix and regulate the time and manner of
collection, state the prices to be charged to those using the service
and such other matters pertinent thereto.
[1]
Editor's Note: See 53 P.S. § 35101
et seq.
B.
The person to whom such contract is awarded shall,
before undertaking any of these duties, give bond to the City in such
amount and with such security as Council may require, conditioned
upon faithful compliance of the terms of the contract.
No person shall dispose of any garbage or refuse
originating within the City of Butler at a sanitary landfill without
complying with all provisions of Act 97 (The Pennsylvania Solid Waste
Management Act of 1980.)
[Amended 6-23-2016 by Ord. No. 1730]
It shall be unlawful for any person to burn
solid waste without a permit from the DEP or permit the burning of
solid waste which creates potential hazards to the public health or
causes unsightliness or public nuisance within the jurisdictional
limits of the City. Solid waste is defined as "Any waste, including
but not limited to, municipal, residual or hazardous wastes, including
solid, liquid, semisolid or contained gaseous materials. The term
does not include coal ash or drill cuttings" (definition amended December
12, 1986, P.L. 1556, No. 168), per the Solid Waste Management Act,
Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101
through 6018.1003.
Nothing in this article shall be construed to
authorize and/or require duly licensed collectors hereunder to collect
and/or dispose of rejected building materials from either new or remodeled
structures, sidewalks and/or public or private roads. Such rejected
material shall be collected and/or disposed of by the construction
contractor or by the respective property owner at his own expense.
[Amended 8-22-2013 by Ord. No. 1676]
A.
The Code
Enforcement Officer, having the responsibility and authority to enforce
the provisions of this article, shall issue a written warning notice
of the violation. A penalty of $25 is hereby imposed by the City commensurate
with the issuance of the written warning notice of the article violation.
Any person issued a written warning notice of this article violation
shall have the period of time set forth in the written warning notice
within which to correct the violation and a period of 10 days within
which to pay a penalty of $25 to the City. In the event that the violation
is not corrected within the period of time set forth in the written
warning notice or the penalty is not paid within 10 days, the City
may commence formal proceedings against such offender for the violation.
B.
Any person,
including a contractor or licensed collector, who violates any of
the provisions of this article shall, upon conviction before a District
Justice, be fined not more than $500 and costs of prosecution and,
in default of payment of the same, shall be imprisoned for not more
than 90 days. Each day's violation of any of the provisions of this
article, after receipt of a written notice, shall constitute a separate
offense.
[Amended 6-23-2016 by Ord. No. 1730]
