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Borough of Harveys Lake, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted 4-17-1984 by Ord. No. 3-84[1]]
[1]
Editor's Note: This ordinance supersedes former Ch. 19, Garbage, Rubbish and Ashes, adopted 1-22-1968 by Ord. No. 6.
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fruit or vegetables.
RUBBISH
Waste material and refuse of every character collected or accumulated within the Borough, except garbage, and shall include by way of enumeration, but not by way of limitation, grass, leaves, sticks, tree branches, stone, concrete, old boards, broken glass, used furniture or household appliances, tin cans and newspapers.
It shall be unlawful for any person, firm or corporation to dispose of or dump garbage or rubbish upon the streets of the Borough or upon any public or private premises other than those duly designated for such purpose, unless by special permission of the Borough Council.
All garbage and rubbish shall be placed in containers of the type and size hereinafter prescribed, and said containers shall be placed at convenient outdoor pickup locations on the terrace next to the street in residential areas.
A. 
Borough employees, servants or agents will not go upon private property to collect rubbish or garbage, except areas that are open to the public.
B. 
The following items will not be collected by Borough employees and must be disposed of by the owner thereof:
(1) 
Motor vehicles.
(2) 
Waste from the demolition, destruction, burning or disposal of buildings.
(3) 
Large household appliances, e.g. stoves, refrigerators, washing machines, dryers, freezers.
(4) 
Concrete.
(5) 
Large limbs, tree trunks and tree roots.
(6) 
Items weighing more than 50 pounds or 27 kilograms.
C. 
Newspapers must be tied in bundles.
D. 
Cardboard boxes must be broken down and bundled.
E. 
Garbage containers shall not exceed 50 pounds or 27 kilograms in weight.
All garbage shall be placed for collection in standard size (not to exceed 35 gallons or 132 liters) metal or plastic garbage cans with covers and handles or in plastic or waterproof paper trash bags. The trash bags must be tied and be sturdy enough so that they can be handled without breakage or tearing.
Any person using or occupying any building, house, boathouse, dock or structure within the Borough shall provide and maintain in good order and repair garbage or trash receptacles of sufficient number to contain the garbage or trash that will accumulate on the premises.
It shall be the duty of every owner of a garbage or trash receptacle to remove, or to have removed, the contents of the same in accordance with this chapter at least once a week.
It shall be unlawful for any person other than a duly authorized employee, servant or agent of the Borough to collect or remove any garbage or trash from garbage and trash receptacles used in the regular Borough collection service or from any container utilized in the Borough container collection service.
Receptacles used for storage of refuse materials shall be watertight and meet the following specifications:
A. 
Trash cans shall be of a durable grade of galvanized metal or other suitable material approved by the duly authorized employee, servant or agent of the Borough, from 20 to 32 gallons' capacity and weighing less than 25 pounds empty or 75 pounds fully loaded with normal refuse. They shall be provided with two lifting handles on opposite sides and a tightly fitting cover with a lifting handle. The can shall be without inside protrusions, and the refuse shall be loosely packed so that the contents shall discharge freely when the receptacle is inverted.
B. 
Refuse bags shall be made of heavy, multiple-ply paper or polyethylene or ethylene copolymer resin and designed for outdoor storage of refuse. Bags must be securely tied or sealed to prevent emission of odors, be of a material so liquids and greases will not be able to penetrate through the material and be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling.
Receptacles which have deteriorated or have been damaged to the extent that the covers will not fit securely or those having jagged or sharp edges capable of causing injury to refuse collectors or other person whose duty is to handle containers are declared a nuisance and shall be condemned by the Borough of Harveys Lake or its authorized representatives. If such receptacles are not removed within five days after notice of such defective conditions to the owner or user, then such receptacles shall be confiscated.
Garbage or trash that is mixed with water or other liquids shall be drained before being placed in a garbage or trash receptacle. Animal matter that is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a garbage receptacle. Grease in a free-flowing state shall be reduced to a solid.
Dead animals, feces (except baby diapers), poisons, explosives, dangerous or corrosive chemicals, heavy metals or metal parts, lumber, dirt, rocks, bricks, concrete blocks, tires, crates and other refuse from construction or remodeling shall not be placed in receptacles used for regular collection service.
A. 
It shall be unlawful for any person to place, or permit another to place, any garbage or trash in any receptacle at any refuse collection point unless the refuse is from the premises served by the container or from the premises at which the receptacle or collection point is located.
B. 
The owner or occupant of any building, house, boathouse, dock, structure or land shall cause to be removed all refuse items of the nature which are prohibited by the regular collection service and which are located, owned or deposited on the property or on the public right-of-way adjacent to the property, and the existence of refuse or any other item on the property or the adjacent public right-of-way shall be prima facie evidence that such owner or occupant failed to remove, as provided by this chapter, at his own expense, the refuse or other item or items so stored or located thereon. Removal within three days of notice by the Borough is required.
Each owner, manager, occupant, tenant or lessee of a house, building, boathouse, dock or dwelling unit used for residential purposes shall maintain supervision and surveillance over the garbage or trash receptacles serving such premises, and if such receptacles are not emptied and the contents removed by an employee, servant or agent of the Borough for a period of five days, he shall notify the Borough of the fact within five days after the expiration of the above-stated period.
A. 
Regular Borough collection service shall be provided one time per week for the protection of public health and the control of flies, insects and rodents.
B. 
All collections will be made from a place easily accessible to the street from which the collections are made. Collections will not be made from inside structures or enclosures. Grass cuttings, bundles of hedge cuttings, etc. must be placed on the curb or edge of the street to be eligible to be picked up. No garbage or rubbish receptacle for collection purposes shall be placed at any location from which collection is made prior to 6:00 p.m. on the evening before the scheduled collection.
A. 
Fees for regular collection will be made as follows on an annual basis:
Type of Premises
Fee
One-family residence
$26
Two-family residence
$52
Mobile home (trailer)
$26
Dock owner
$26
Boathouse owner
$26
Apartment (each apartment)
$26
B. 
If one of the above constitutes one and the same owner and is used only by that owner, he shall pay only one fee.
A. 
Each person or property owner who owns more than one residence, mobile home (trailer) or land which mobile home or trailer is situated on, apartment, boathouse or dock is responsible to pay the annual fee on each residence, mobile home (trailer) or lands which mobile home (trailer) is situated on, apartment, boathouse, and dock.
B. 
Business, commercial, educational and other nonresidential buildings and institutions are responsible for their own removal of garbage and trash at their own cost. However, they are subject to each and every section of this chapter as it applies to them.
Each person or property owner who has attained the age of 65 years and who has a total income from all sources of less than $5,000 per annum is exempt from the garbage fee imposed by this chapter. However, said person is subject to all other rules and regulations concerning garbage and trash removal as herein stated.
The Council or its designated representative shall have the authority to make such additional rules and regulations concerning the manner and method of Borough refuse collection and to increase the garbage fee or rate as needed. The Council or its designated representative shall also have the authority to provide for the creation or appointment of such officers, Clerks, collectors and other assistants and employees as may be deemed necessary for the collection of the garbage fees, for a reasonable fee imposed under authority of this chapter.
Normal collection shall be limited to three containers of refuse or the equivalent thereof, and collections in excess of this may at any time be subject to such special fees or charges as authorized above.
If said fee is paid within 60 days of the date of issue, a 2% rebate on said fee will be allowed. If said fee is paid after 120 days of the date of issue, a 2% penalty on the face amount of the fee will be charged. If there is a nonpayment of the garbage fee, then the Borough shall have the right to proceed against such person or persons in a manner provided by law for the collection of a municipal claim.
A. 
Any person who shall violate any provision of this chapter shall, upon conviction thereof for each violation, be subject to a fine of not less than $100 nor more than $300 plus costs of prosecution.
[Amended 7-21-1998 by Ord. No. 2-1998]
B. 
Each day that such violation exists shall be considered a separate and distinct violation.