Borough of Lake City, PA
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lake City 12-13-2010 by Ord. No. 398-10[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 28.
Outdoor burning — See Ch. 35.
Nuisances — See Ch. 43.
Property maintenance — See Ch. 48.
[1]
Editor's Note: This ordinance also superseded former Ch. 54A, Solid Waste, adopted 9-21-1992 by Ord. No. 300-92; as amended in its entirety 1-9-2006 by Ord. No. 371-06.

§ 54A-1 Incorporation of recitals.

The previous recitals are incorporated herein.[1]
[1]
Editor's Note: The recitals are included in the preamble to Ord. No. 398-10, a complete copy of which is on file in the Borough offices.

§ 54A-2 Definitions.

For the purpose of this chapter the following terms shall have the meanings indicated, to wit:
ASHES
Shall include coal ashes, coke ashes, wood ashes and ashes resulting from other fuels used for cooking and heating purposes. Ashes under this chapter are municipal waste.
COMMERCIAL ESTABLISHMENT
The place at which any business within the limits of the Borough of Lake City is conducted by any person, as herein defined, which in the operation of said business has or accumulates municipal waste, garbage, ashes or rubbish, in and about its places of business, or elsewhere. Four or more residential or family units contained within one structure may, at the option of the owner, be deemed commercial (commercial pickup) for the purpose of this chapter. Likewise, a mobile home park, at the option of the owner, may be deemed a commercial pickup.
COMMINGLED RECYCLABLE MATERIALS
Recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
FAMILY
Shall be deemed to be and shall include any person or group of persons maintaining a separate dwelling or apartment within the limits of the Lake City Borough.
GARBAGE
Shall consist of all vegetable and animal waste, including offal, carcasses, fat, bone, swill and animal and vegetable matter, or other organic substance, subject to fermentation or decay, resulting from the storage, handling, consumption and preparation of food. It shall not contain dishwater or other soapy water. Garbage under this chapter is municipal waste.
HOUSEHOLD RUBBISH
Shall consist of old furniture, paper (including newspapers and magazines tied in bundles), trunks, stoves, furnace pipe, water boilers, broken glass, bottles, crockery, tin cans, hedge trimmings, grass clippings, leaves, and all other rubbish which may accumulate, but excluding broken concrete, dirt, trees and tree limbs over 2 1/2 feet in length. Household rubbish under this chapter is municipal waste except for those items which are commingled recyclable materials or leaf waste.
LEAF WASTE
Shall include leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MUNICIPAL RECYCLING PROGRAM
A commingled and collection program for recycling municipal waste or commingled recyclable materials, or a program for designated dropoff points or collection centers for recycling municipal waste or commingled recyclable materials, that is operated by or on behalf of the municipality. The term includes any commingled and collection program for composting yard waste that is operated by or on behalf of the municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants. Under this chapter, the franchised disposal service (contractor) would be designated to operate the recycling program in lieu of Lake City Borough operating such a program.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid liquid, semisolid or contained gaseous material, 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 in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include recyclable materials or leaf waste.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including, but not limited to, the Department of General Services and State Public School Building Authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
RUBBISH
Shall consist of mixed and waste fragments resultant from the use of household necessities, including but not limited to glass, china, metal, tin, wood, leather, rubber, carpeting, pruning from vines and shrubbery, and other foreign matter, but excepting ashes and garbage. Rubbish under this chapter is municipal waste except for those items, which are recyclable material or leaf waste.
SOLID WASTE
Solid waste, as defined in the Act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.[1]
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 54A-3 Municipal waste and recycling storage.

A. 
No municipal waste, recyclable materials or leaf waste shall be allowed to accumulate on the ground nor be deposited on the highway, vacant lots, homes nor on any land publicly or privately owned, nor be thrown into any stream or body of water in The Borough of Lake City other than as permitted under this chapter, state and local laws. Any person found to be in violation of this subsection shall be subject to a fine under § 54A-16 of this chapter.
B. 
There shall be no doubling up of families by which more than one family uses a common container or containers except in commercial pickups or as provided in Subsection C of this section.
C. 
In an instance where a residence, apartment or any building is arranged for occupancy by four or more persons or families living separately, it shall be the obligation of the property owner to furnish adequate sanitation (municipal waste pickup) service for the entire residence, apartment or building, including providing for pickup, transportation and disposal of municipal waste, recyclable materials and leaf waste. The situation described in the previous sentence shall be characterized as commercial pickup. If the option is exercised, the owner shall have the obligation to furnish adequate sanitation service for the entire mobile home park, including providing for pickup, transportation and disposal of municipal waste, recyclable and leaf waste.
D. 
Nothing in this chapter shall be construed to prevent or prohibit any person engaged in the business of farming from maintaining a manure pile on land occupied by him, so long as a nuisance does not result therefrom.

§ 54A-4 Municipal waste and recycling containers.

A. 
The occupants of dwelling houses, apartments and other types of dwellings, and the owners of property of commercial establishments, shall provide and maintain containers, as required hereinafter, for all municipal waste accumulated on the premises thereof. Such containers shall not exceed the capacity of 33 gallons.
B. 
Municipal waste containers shall be made of nonabsorbent material, be watertight and flytight, and be provided with handles and closely fitted covers made of nonabsorbent material. The containers shall be kept in repair so as to be at all times watertight.
C. 
Municipal containers shall be used only for municipal waste as hereinbefore defined. All garbage shall be carefully wrapped in paper or plastic before being placed in the municipal waste container. No more water shall be allowed nor permitted in garbage than naturally accumulates from table refuse. All municipal waste cans and receptacles shall be kept in a sanitary condition, in places accessible to the collector and with sufficient shelter to prevent their freezing to the ground.
D. 
All municipal waste shall be kept in places accessible to the collector and in such containers to be provided by the householders so that said materials can be readily removed by the collector. No municipal waste, recyclable materials or leaf waste, in a container or otherwise, shall be set out by the occupant for any reason for the purpose of collection by a collector more than 24 hours prior to the previously established scheduled collection time. All municipal waste, recyclable materials and leaf waste shall be set out at curbside on the collection day.

§ 54A-5 Franchise conditions.

[Amended 12-14-2015 by Ord. No. 423-15]
Under this chapter and ensuing documents, such as the 2015 West County COG prepared specifications, 2015 bid forms and the contract pursuant thereto, the Borough of Lake City will franchise one, and only one, person or entity to collect, transport and dispose of all municipal waste, recyclable materials and leaf waste generated by all Lake City Borough residential units, excluding commercial pickups. The entity so franchised may, under the chapter, be designated as the contract hauler or contractor. The licensing provision of this section shall not be construed to permit persons other than the contract hauler to collect, transport or dispose of municipal waste, recyclable materials and leaf waste generated by residences in Lake City Borough. Businesses and residences deemed commercial pickup may select their own disposal service for collection, transportation and disposal of their solid waste but shall otherwise comply with this chapter, state and local laws.

§ 54A-6 Contractor's rights.

[Amended 8-14-2015 by Ord. No. 423-15]
A. 
All municipal waste, recyclable materials and leaf waste generated by all residential units in Lake City Borough other than those deemed a commercial pickup shall be collected, removed and disposed of only by the contract hauler under contract (Articles of Agreement) with the Borough, under the terms and conditions as set out in said contract, 2015 specifications, 2015 bid forms, and this chapter. It shall be a violation of this provision of this chapter for any person other than the contract hauler to collect, remove, transport or dispose of municipal waste, commingled recyclable materials or leaf waste generated by Lake City Borough residential units other than those deemed a commercial pickup. Any person found to be in violation of this subsection shall be subject to fines under § 54A-16 of this chapter.
B. 
Contracts for the collection and disposal of municipal waste, recyclable materials and leaf waste under this chapter shall from time to time be let to the lowest responsible bidder, with or without advertising, which contract shall contain, in addition to the requirements of this chapter, such other provisions not in conflict herewith as may be deemed to be advisable to incorporate therein, and it shall be executed by the Lake City Borough Council. No contract shall be let for a period to exceed five years.

§ 54A-7 Municipal waste and recycling regulations.

A. 
No municipal waste, recyclable materials and leaf waste shall be collected or conveyed over the streets, alleys or thoroughfares of this Borough by any person or persons other than the contract collector or his duly authorized agents and employees, except any municipal waste recyclable material or leaf waste collectors privately engaged in the removal of municipal waste, recyclable materials and leaf waste from premises other than residences (commercial pickup) when said municipal waste, recyclable materials and leaf waste are not collected by the contract collector of this Borough.
B. 
Municipal waste and recyclable materials shall be collected simultaneously on the same day by the contract collector. Said items shall be collected from residences at curbside once each week.
C. 
All municipal waste, recyclable materials and leaf waste shall be collected from all premises between the hours of sunrise and sunset.

§ 54A-8 Municipal waste and recycling handling.

A. 
All persons, firms or corporations collecting municipal waste, recyclable materials and leaf waste in the Borough and transporting the same upon the streets and alleys of the Borough shall haul the same only in conveyances and receptacles tightly closed on the bottom and sides, so as to prevent said municipal waste, recyclable materials and leaf waste from spilling, dropping or falling to the streets, alleys or highways.
B. 
All conveyances hauling such municipal waste, recyclable materials and leaf waste shall be so operated and covered so as to prevent offensive odors escaping therefrom and to prevent municipal waste, recyclable materials and leaf waste from being blown upon or spilled upon any street, walk or alley of the Borough. Every conveyance shall have plainly printed thereon the name of the contractor hauler and shall be kept in a sanitary condition at all times.

§ 54A-9 Contractor's equipment.

The contractor for the collection and disposal of municipal waste, recyclable material and leaf waste and any person contracted to engage in such collection and disposal shall be required at the contractor's own cost and expense to furnish, maintain and operate all vehicles, machinery and equipment necessary for the proper performance of the contract, except that the contractor shall not be required to furnish receptacles or containers, which are to be provided by occupants of premises within the Borough.

§ 54A-10 Municipal waste and recycling disposal.

A. 
The contractor for the collection and disposal of municipal waste, recyclable materials and leaf waste, and any person contracted to engage in the collection and disposal of municipal waste, recyclable materials and leaf waste shall be required, at the contractor's own cost and expense, to furnish, maintain, operate, a plant of sufficient size and capacity to dispose of the municipal waste, recyclable materials and leaf waste collections made by the contractor under the terms of the contract with the Borough through the life of the contract. The contractor shall, for the life of the contract, be obligated to have a proper facility or facilities for the required disposal of municipal waste, recyclable materials and leaf waste in accordance with state and local laws, rules and regulations.
B. 
All municipal waste, recyclable materials and leaf waste shall be disposed of by the contract collector, or any licensee, or any collector, in such manner so as not to endanger or interfere with the health and comfort of any of the inhabitants of the Lake City Borough and in compliance with state and local laws and regulations.

§ 54A-11 Regulations for residential, multiple family, commercial, municipal and institutional uses.

All persons residing in Lake City Borough and certain owners (owners of residential units deemed a commercial pickup) of residential property in Lake City Borough are encouraged to separate or be responsible for the separation from municipal waste generated at their homes, apartments and other residential estates those materials now or hereafter designated by Lake City Borough as recyclable material.
A. 
All adults, parents, occupants or heads of households (for convenience sometimes referred to as the "responsible parties") in each single-family residential unit, other than those qualifying as a commercial establishment under the definition of "commercial establishment" in § 54A-2 of this chapter, shall be responsible for the separation of all recyclable material designated by the Borough for recycling under § 54A-11D from all other municipal waste generated at each single-family residential unit and for the storage of said recyclable material in a single twenty-gallon container (the container to have a West County COG logo or other like markings indicating the contents of said container as recyclable materials) for a scheduled, weekly, curbside collection to be made by a contractor designated by Lake City Borough to collect and dispose of municipal waste, commingled recyclable materials and leaf waste. Those responsible parties residing in units qualifying for a commercial pickup shall still be entitled to recycle under this chapter but in containers provided by the landlord under Subsection B of this section.
B. 
The owner, landlord, or agent for an owner or landlord of multifamily rental housing properties with four or more units in one structure and mobile home park operators and owners, may provide that the tenant or occupant of each unit shall be responsible for recycling under Subsection A above or the owner/operator may establish a collection system for his property and be deemed a commercial pickup. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this chapter shall not be liable for the noncompliance of occupants of their buildings although said occupants shall be responsible for depositing their municipal and recyclable material in the separate containers provided by the landlord.
C. 
All commercial, municipal and institutional establishments are encouraged to recycle those materials designated by the Lake City Borough Council as recyclable materials. All commercial, municipal or institutional establishments by each owner, manager, operator or persons occupying said commercial, institutional and municipal establishments are encouraged to recycle those materials enumerated under § 54A-11D of this chapter. Said commercial, municipal or institutional establishments will be obligated to make their own contractual arrangements with a contractor engaged in solid waste processing and disposal for collections, recycling and composting. Said commercial or institutional solid waste generator shall annually provide written documentation of the total number of tons recycled.
D. 
The following items (commonly referred to as "recyclable materials") shall be recycled under this chapter, to wit:
(1) 
Clear and colored glass.
(2) 
Aluminum, steel and bimetallic cans.
(3) 
Plastics (HDPE, PVC, PP and PETE).
(4) 
Newspaper and magazines.
(5) 
Mixed cardboard/paperboard and corrugated cardboard.
E. 
Prior to the storage for collection of the recyclable materials, the contents shall be removed from any of the containers made of the above materials and the containers rinsed clean. The materials to be recycled as enumerated above shall then be stored in the Lake City Borough twenty-gallon container or a like container until the weekly curbside pickup. While the residents are encouraged to separate recyclable materials from other municipal waste (to this extent source separated) for the purpose of a separate collection, these various kinds of recyclable materials may be commingled in the twenty-gallon container. It shall be the obligation of the contract hauler to separate each of the various recyclable materials into the various separate components enumerated in Subsection D for the purpose of sale and disposition.
F. 
Initially and on a one-time basis, the twenty-gallon container for the recyclable materials will be supplied by Lake City Borough to the various single-family residential units in Lake City Borough, excluding those determined to be a commercial establishment under the definition of "commercial establishment" in § 54A-2 and this section under Subsection B. The containers so supplied shall be used solely for the storage and disposal of recyclable materials. If the container so supplied is lost, damaged or destroyed, a like or similar container shall be supplied by the householder for storage of recyclable materials prior to collection, transportation and disposal by the contract hauler. Any replacement container shall be marked in such a fashion as to identify it as a container for commingled recyclable materials.
G. 
All recyclable materials (See § 54A-11D.) generated by all residential units in Lake City Borough, excluding those governed under a commercial pickup, shall be collected, removed, transported and disposed of only by the disposal service (commonly referred to herein as the "contractor") designated by Lake City Borough and as provided for under § 54A-14. Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium or place of residence generating recyclable materials within Lake City Borough (excluding those determined to be commercial pickup where the owner/operator has established an authorized collection system under Subsection B of this section) shall have their recyclable materials collected, removed, transported and disposed of only by the disposal service or Contractor designated by Lake City Borough (through bidding process referenced in § 54A-14.) at a fee to each household to be established in accordance with § 54A-15.
(1) 
Nothing in this chapter shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at curbside or similar location for collection by the contractor designated by Lake City Borough or a collector which has been selected by a business or commercial pickup. Once municipal waste or commingled recyclable materials are placed for collection, they become the property of the collector and may not be taken or removed by third parties. It shall be a violation of this chapter for any person other than the contractor to collect or remove separated recyclable materials or municipal waste, which has been placed for collection.
(2) 
Nothing in this section of this chapter shall be deemed to preclude any resident or commercial, municipal or institutional establishment from donating or selling his or its commingled recyclable materials generated by the residence or business to any profit or nonprofit entity; provided, however, said resident or business shall deliver said recyclable materials to a collection point under the direct operation and control of said profit or nonprofit entity.
H. 
All responsible parties (Subsection A) shall be required to utilize the service of the contract hauler for collection, transportation and recycling of the municipal waste, recyclable materials and leaf waste generated by the responsible parties' residence and shall be obligated to pay for said services as provided in § 54A-15.
I. 
If recyclable materials are collected by a collector other than the contract hauler, owners, landlords or agents shall submit an annual report to the Lake City Borough reporting the tonnage of materials recycled during the previous year.

§ 54A-12 Leaf waste.

All persons residing in Lake City Borough, excluding those residing in apartments or mobile home parks governed by Subsection B herein where the owner is responsible for leaf waste rather than the occupant, shall separate and keep separate from municipal waste generated at their homes, apartments and other residential estates, all leaf waste for the purpose of a separate collection.
A. 
All adults, parents, occupants, heads or responsible parties of households in each single-family residential unit, other than those qualifying as a commercial pickup under the definition of "commercial establishment" in § 54A-2 and the previous section, Subsection B, of this chapter shall be responsible for the separation of leaf waste from other municipal waste generated at each single-family residential unit. The leaf waste shall be bagged in plastic disposable leaf bags for collection when subscribing to the contractor hauler's services.
B. 
The owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units in a structure and mobile home park owners and operators shall provide for the separate collection of leaf waste. Prior to collection, the leaf waste may be stored in disposable leaf bags or other means satisfactory to the hauler but in a manner where the leaf waste is collected separately from municipal waste and recyclable materials and disposed of by the hauler through a composting program. The owner, landlord or agent of same of multifamily rental housing properties with four or more units in a structure, mobile home owners and operators, as well as business and commercial establishments shall be obligated to make their own contractual arrangements with a contractor engaged in solid waste processing and disposal for the proper collection, disposal and composting of leaf waste.
C. 
Leaf waste shall be collected only by a contract hauler designated by the Lake City Borough Council except when the owner, landlord or agent of an owner or landlord disposes of the leaf waste as mandated in Subsection B. Pickup or collection of leaf waste shall be weekly but be limited to a two-week period in the fall of a given year. The exact two-week period for leaf waste collection of any given year shall be as determined by the Lake City Borough Council with a recommendation of the contractor hauler. Residents will be given due notice of the two-week leaf waste pickup period, and they shall, during said two-week period, set their leaf waste at curbside in plastic bags for collection.
D. 
The adults, parents, occupants, or heads of households shall be responsible for the separation of leaf waste into plastic disposable bags, which shall in some manner clearly identify the contents as leaf waste.
E. 
The contract hauler for leaf waste shall be solely responsible for the disposition of all Lake City Borough leaf waste for the life of his contract with Lake City Borough. Said hauler shall provide for composting or otherwise make arrangements for the disposition of the leaf waste at a leaf composting facility in conformity with state law.
F. 
All commercial, municipal and institutional establishments shall provide for the separate collection and disposal of leaf waste in the manner where the leaf waste is collected separately from municipal waste and recyclable materials and disposed of by a hauler through a composting program. Prior to collection, the leaf waste may be stored in disposable plastic bags or other means satisfactory to the hauler.
G. 
All "responsible parties" (§ 54A-11A) shall be required to utilize the services of the contract hauler for collection, transportation and composing of leaf waste generated by the responsible parties' residence and shall be obligated to pay for said services as provided in § 54A-15.

§ 54A-13 Municipal waste.

All persons (including adults, parents, occupants, heads of households or responsible parties) residing in Lake City Borough, excluding those residing in apartments or mobile home parks deemed to be a commercial establishment under the definition of "commercial establishment" in § 54A-2 where the owner has assumed responsibility for the collection, transportation and disposal of municipal waste generated by the residential units, shall separate or be responsible for the separation of municipal waste from recyclable materials and leaf waste generated by their households, apartments and other residential estates.
A. 
The municipal waste so generated shall be separated and stored in a sanitary fashion and as required under § 54A-4 prior to and in preparation of the weekly curbside collection, transportation and disposal by the contractor designated by Lake City Borough under § 54A-14.
B. 
All municipal waste generated by all residential units in Lake City Borough, excluding those governed under a commercial pickup, shall be collected, removed, transported and disposed of only by the disposal service, the contractor, designated by Lake City Borough under § 54A-14. Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium or place of residence generating municipal waste within Lake City Borough (excluding those determined to be a commercial pickup where the owner/operator has established an authorized collection system for municipal waste) shall have their municipal waste collected, removed, transported and disposed of only by the disposal service or contractor designated by the Borough (through bidding process referenced in § 54A-14) at a fee to each household to be established in accordance with § 54A-15.
C. 
All responsible parties § 54A-11 shall be required to utilize the services of the contract hauler for collection, transportation and disposal of municipal waste and materials generated by the responsible parties' residence and shall be obligated to pay for said services as provided in § 54A-15.

§ 54A-14 Contract hauler.

Lake City Borough has determined to designate one entity which shall be responsible for the collection, transportation, recycling and composting disposal of all municipal waste, recyclable materials and leaf waste resulting from or generated by single-family residential units (but excluding commercial pickups) as required by state and local law.
A. 
Lake City Borough Council shall, through appropriate advertisement and solicitation of bids, award (in conjunction with West County COG) to a person or company (for convenience sometimes referred to as the contractor or contract hauler) who qualifies as the lowest, responsible bidder meeting bid specifications, to pick up, collect, transport, haul and dispose of all municipal waste materials, to collect, transport and recycle recyclable materials and to collect, transport and compost leaf waste generated by each single-family residential unit (but excluding those residential units qualifying as a commercial pickup) for which services the contractor may bill and collect a fee.
B. 
The contractor shall provide a weekly pickup of municipal waste from all residential units exclusive of commercial pickups, and shall notify each head of household of the time and the day of the week for the scheduled pickup of municipal waste. This shall be unlimited pickup as to volume or number of containers of municipal waste.
C. 
The contractor shall also provide a weekly pickup for the specified recyclable materials from all residential units and shall notify each head of household of the time and day of the week for the scheduled pickup of the recyclable materials. While recyclable materials may be commingled in a twenty-gallon container prior to pick up, it shall be the contractor's responsibility to separate each of the recyclable materials before their ultimate sale and disposition. The pickup and collection of municipal waste shall be separate from the pickup of the recyclable materials; however, both pickups shall be at the same time and day of the week for each Lake City Borough household, and shall be unlimited pickup as to volume or number of containers as to municipal waste, and recyclable material.
D. 
The contractor shall be the only authorized person to pickup, transport and dispose of all municipal waste, leaf waste and recyclable materials generated by residential units in Lake City Borough, excluding the pickup and disposal of waste from those units deemed a commercial pickup. It shall constitute a violation of this chapter for any other person or company to pickup, transport or dispose of municipal waste, leaf waste or recyclable materials generated by residential units in Lake City Borough, excluding commercial pickups.
E. 
The contractor shall provide a weekly pickup and collection of leaf waste, limited, however, to a two-week period in a given calendar year for all residential units in Lake City Borough, excluding the commercial pickups. The exact two-week period for the weekly pickup and collection of leaf waste of each year shall be determined by the Lake City Borough Council with the contract hauler's recommendation. Each householder subscribing to the leaf waste collection service shall be required to bag the leaf waste in disposable bags duly identified as containing leaf waste. The contract hauler shall dispose of the leaf waste by providing for composting. The contract hauler shall be responsible for notifying the householders of the time and date that each householder's leaf waste will be scheduled for the weekly pickup.
F. 
The contractor shall make available, through local stores, thirty-three-gallon two-mil bags with four-inch ties for any residential household to dispose of their municipal waste instead of weekly unlimited pickup.
G. 
The person or entity which has, as a result of advertisement and solicitation of bids, been awarded the exclusive and sole franchise of right to collect, transport and dispose of municipal waste, recyclable materials and leaf waste shall be subject to the following duties and obligations:
(1) 
The contractor shall at all times follow, comply with and abide by the specifications, the bid form and the contract for the collection, transportation and disposal of garbage, ashes, rubbish, household rubbish, municipal waste, recyclable materials and leaf waste in the Borough of Lake City, Erie County, Pennsylvania, as adopted by ordinance of the Borough, 2010.
(2) 
The contractor shall at all times follow, comply with and abide by federal, state and local laws, ordinances, resolutions, rules and regulations, including but not limited to the Solid Waste Management Act,[1] the Municipal Waste Recycling and Waste Reduction Act,[2] this chapter and the bid specifications.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
H. 
All recyclable materials, municipal waste and leaf waste placed by persons for collection by the contractor pursuant of the chapter shall, from the time of placement at the curb, become the property of the contractor. Nothing in the chapter shall be deemed to impair ownership of materials by the generator unless and until such materials are placed at the curbside for collection.

§ 54A-15 Municipal waste and recycling fees.

A. 
Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium, or place of residence within the Borough of Lake City (excluding those governed by a commercial pickup) generating municipal waste or recyclable materials, or leaf waste shall pay or be responsible to pay to the Lake City Borough designated contractor a fee or charge for the contractor's services in the collection, removal, hauling and disposal of municipal waste, recyclable materials, leaf waste generated by said household.
B. 
There shall be one set fee per each household for all services in collection, transportation and disposition of municipal waste, recyclable materials and leaf waste for which the contractor shall provide curbside collection of pickup, transportation and disposal of all municipal waste, recyclable materials and leaf waste generated by each household. This fee will likely be required to be prepaid each quarter, and it shall be the responsibility of each resident, householder, tenant, owner or responsible party occupying said household to pay the contractor the fee so established under this chapter and award referenced.
(1) 
The fee to charge each household for said collection and disposal service will be established as a result of the solicitation of bids by Lake City Borough or the West County COG and award made to the lowest responsible bidder who meets the Borough specifications.
(2) 
For any period in excess of 30 continuous days, where a party (such as a resident, householder, tenant, owner or responsible party) has paid or is obligated to pay for disposal services, but his household is not or has not generated municipal waste, recyclable materials or leaf waste for the thirty-day period, said party shall be entitled to a pro rata refund or credit from the contractor for the period of time for which the contractor's services were not required. In general, it is expected that the household would not be occupied or all of the occupants have moved to a new residence in order for a household not to generate municipal waste, recyclable materials or leaf waste.
(3) 
It shall be the responsibility of the contractor to bill and collect from each household for the services rendered by the contractor in collection, transportation and disposal of municipal waste, recyclable materials and leaf waste. In the event the contractor is not paid the quarterly fee per household for the collection, transportation and disposition of municipal waste, recyclable materials and leaf waste, the contractor may proceed in a civil action against the resident, householder, tenant, owner or responsible party occupying said household. Under no circumstances shall Lake City Borough be responsible for any fees for the collection, transportation or disposition of municipal waste, recyclable materials or leaf waste other than fees owed by Lake City Borough for disposition of waste generated by the Borough. The contractor may not proceed against or recover from Lake City Borough for any fees or expenses owed the contractor by third parties.

§ 54A-16 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall be guilty of a summary offense and upon conviction be sentenced to pay a fine of not less than $100, nor more than $300, and costs of prosecution for each and every offense. Each day that a violation is permitted to exist shall constitute a separate offense.