Borough of Honesdale, PA
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Honesdale: Art. I, 3-22-1971 by Ord. No. 396; Art. II, 9-9-1991 by Ord. No. 521. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 160.
Sewers — See Ch. 166.
[Adopted 3-22-1971 by Ord. No. 396]

§ 175-1 Definitions.

A. 
The following words and terms, as used in this article, shall have the meaning ascribed thereto unless the context clearly indicates a different meaning:
BOROUGH
The Borough of Honesdale, Wayne County, Pennsylvania.
COMBUSTIBLE REFUSE
All paper, straw, excelsior, rags, rubber, shoes and such other refuse as may result from ordinary housekeeping or commercial pursuits and which may be burned by fire.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowls, vegetables and fruits and parts thereof and other articles and materials ordinarily used for food and which have become unfit for such use, for which reason they are discarded.
HAULER
Any person, firm, copartnership, association or corporation who or which has been licensed by the borough to collect, transport and dispose of garbage, rubbish, refuse and riffraff for a fee, as herein prescribed.
INCOMBUSTIBLE REFUSE
All discarded articles or materials except sewage, liquid waste, garbage and combustible refuse.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE
All combustible refuse and incombustible refuse referred to collectively.
RIFFRAFF
All waste materials too large for collection in the ordinary containers, such as furniture, tanks, stoves and the like.
RUBBISH
All miscellaneous waste material not otherwise included herein, such as ashes, tin cans, glass, pottery, prunings from vines and junk of all kinds resulting from the ordinary conduct of business or housekeeping.
SEASONAL RESIDENCE
Any dwelling occupied less than 182 days of the year.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 175-2 Accumulation of solid waste on private property prohibited.

From and after the effective date of this article and for reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate, upon private property in said borough, garbage, rubbish, refuse, riffraff and combustible or incombustible refuse or rubbish.

§ 175-3 Disposal of solid waste.

[Amended 8-9-1971 by Ord. No. 401]
A. 
It shall also be unlawful for any person to dispose of any garbage, rubbish, refuse or riffraff in said borough except in accordance with the terms of this article, except as in Subsection B below.
B. 
It shall be unlawful for any person at any time to burn any garbage, rubbish, refuse or riffraff in said borough, except that grass and fallen leaves may be burned within said borough from the 15th of April through the last day of May and during the months of October and November of each year, and then only during the hours of each day from 7:00 a.m. to 9:00 p.m., and then only under constant supervision of said person and subject to the further provision by the Borough of Honesdale by proper resolution that said burning on public streets may be restricted in each year during said three months aforementioned, provided that notice of said restriction is published in one newspaper of general circulation in the Borough of Honesdale one week in advance of the first days of May, October and November in the year.
[Amended 3-8-1976 by Ord. No. 426[1] ]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-4 License for removal, transportation and disposal of solid waste required. [1]

It shall be unlawful for any person to haul, transport, collect, remove and dispose of garbage, rubbish, refuse or riffraff over the streets and alleys of said borough without first securing a license to do so. The borough, upon application and after investigation, as the borough shall deem necessary, may issue a license to a hauler for a period of one year. The fee for such license shall be the sum as set forth from time to time by resolution of the Borough Council.[2] Any person desiring to secure a license shall present a written application thereof to the Borough Secretary, and such license shall be issued only after proper action by the Borough Council after due and proper investigation. In order to promote the health and welfare of the borough and to control the hauling of garbage, rubbish, refuse and riffraff, the Borough Council reserves the right to limit the number of licenses issued in accordance with the terms of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The current Fee Schedule can be found on file in the borough offices.

§ 175-5 Application requirements.

Any license issued pursuant to the provisions of this article shall be revocable by the Borough Council upon failure of the licensee to comply with any of the provisions of this article or to the terms of the agreement entered into between the borough and the hauler or any of the regulations of the Commonwealth of Pennsylvania, Department of Health, relating to the collection and disposition of garbage, rubbish, refuse and riffraff. Before any license is issued to any hauler, the hauler must:
A. 
Submit an application accompanied by the fee for a license.
B. 
Provide the borough with certificates of public liability insurance in an amount of not less than $100,000 and property damage insurance in an amount of not less than $25,000.

§ 175-6 Contracts.

A. 
All agreements for the removal and collection of garbage, rubbish, refuse or riffraff shall be by private contract between the individual citizen and the hauler licensed for the purpose of collecting, removing, hauling and disposing of such rubbish, garbage, refuse and riffraff.
B. 
Miscellaneous charges.
(1) 
Rates for hauling riffraff will be established between the hauler and the customer on a fair and equitable basis. The charge is to be subject to review by the borough.
(2) 
Minimum charges are not established by this article.
(3) 
Heavy materials, such as apples, ashes, concrete or the like, must be put in containers of not more than one bushel's capacity.

§ 175-7 Regulations for licensed haulers.

All licensed haulers will be required to comply with the following regulations:
A. 
Any licensed hauler will be responsible for providing collection to any person in the borough requesting such service.
B. 
All licensed haulers shall provide pickups twice weekly during June, July, August and September and once-weekly pickups during other months of garbage, rubbish, refuse and riffraff from publicly operated buildings or recreational areas.
C. 
Collections from residences must be made once a week. Collections from commercial establishments must be made as often as necessary to control health hazards, flies, odors and unsightly appearances.
D. 
Haulers must furnish the borough or its appointees with a collection schedule.
E. 
Collection of garbage, rubbish, refuse and riffraff may be made between 7:00 a.m. and 7:00 p.m., with the following exceptions when no collections will be made: Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.
F. 
Trucks or other vehicles used for the transportation of garbage, rubbish, refuse and riffraff shall be with an enclosed cargo space. No truck shall be permitted to scatter any of the contents on any of the streets, highways or alleys of the borough. Trucks used to haul garbage, rubbish, refuse and riffraff must be maintained in a clean and sanitary condition so as to present a satisfactory outward appearance and shall meet all of the requirements of the Borough Council and the Department of Health of the Commonwealth of Pennsylvania. The trucks may be inspected at any time by members of the Borough Council or its appointees or members of the Board of Health. Any deficiency must be corrected immediately by the hauler. The hauler shall maintain his or her equipment in such a condition as to be able to maintain his or her collections schedule.

§ 175-8 Disposal in places other than state-approved landfills prohibited.

[Amended 2-11-1980 by Ord. No. 457]
In order to end the objectionable practice of littering the countryside with rubbish and in order to eliminate the problem of health and sanitation due to improper dumping and disposition of garbage, rubbish, refuse and riffraff, it shall be unlawful for any hauler licensed to collect and dispose of garbage, rubbish, refuse and riffraff in said borough to dispose of said garbage, rubbish, refuse and riffraff and other refuse materials at any other place than in a state-approved sanitary landfill. The cost of disposal shall be paid by the hauler to the owner or operator of the sanitary landfill.

§ 175-9 Preparation of solid waste for pickup.

Each person who contracts with the licensed hauler to collect and dispose of such person's garbage shall prepare the same as follows: all garbage shall be drained of liquid insofar as practical and shall be placed in sanitary covered containers made of nonabsorbent material and provided with closely fitting covers. The same shall not exceed 30 gallons in size and shall be of a rust-resistant material. The containers shall be furnished and kept clean by the customer and shall be replaced by such customer when no longer in good condition. All refuse which cannot be disposed of in containers shall be assembled, boxed or bundled separately in such a way that it can be handled conveniently and will not be disseminated, by wind or otherwise, while awaiting collection. All refuse, except riffraff, shall be of units which can be handled by one person and shall be placed in containers or piled and assembled in such a way as to facilitate collection. On the day of collection, the same shall be placed on the ground, outside of buildings, within 50 feet of the public street, thoroughfare, accessway or alleyway where the hauler's vehicle will park to pick up the garbage, rubbish, refuse and riffraff to be collected or disposed of, unless another collection point is agreed upon between the hauler and said person.

§ 175-10 Dumps prohibited. [1]

No person, firm or corporation shall use or permit to be used any spot or place within the borough as a public or private dump for garbage, rubbish, refuse, riffraff or other waste material.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-11 Payment of fees.

Each private customer shall contract individually with the licensed hauler as to a method of payment of collection fees. No garbage, rubbish, refuse or riffraff shall be collected from any premises where the owners, occupiers or lessees are in arrears for a period of 10 days. Fermenting, putrefying or odoriferous garbage, rubbish, refuse or riffraff in containers collected or dumped in the open due to failure to pay collection fees is hereby declared to be a nuisance.

§ 175-12 Accumulation of solid waste on private property.

No person shall accumulate garbage, rubbish, refuse, riffraff or other waste materials upon private property in the borough except in such limited quantities and for such limited periods of time as shall ensure that no annoyance, nuisance, health or fire hazard shall be created thereby, and any unauthorized accumulation of garbage, rubbish, refuse or riffraff on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of garbage, rubbish, refuse and riffraff and other refuse materials within 30 days after the effective date of this article shall be deemed a violation of this section of this article.

§ 175-13 Limited hauling permits.

[Amended 5-10-1971 by Ord. No. 398]
In addition to the licensing provisions specified in foregoing sections, any person within the borough may apply to the borough for a limited hauling permit. Such permit will be issued by the borough only when it can be shown by the applicant that for reasons of quantity, hazardous waste, special handling requirements or other reasonable cause, it seems to be in the best interest of the borough for such applicant to haul refuse, rubbish or riffraff to the specified disposal site. The holder of a limited permit shall not collect or haul waste for any person other than that owning and operating the truck and holding the limited permit. All holders of limited permits shall comply with the provisions of § 175-7F, as well as with all provisions regarding storage or accumulations of wastes.

§ 175-14 Powers and duties of borough.

The collection of garbage, rubbish, refuse or riffraff in the borough and the disposal thereof shall be subject to such reasonable rules and regulations as may from time to time be promulgated by the Borough Council; provided, however, that all such rules and regulations shall not be contrary to the provisions of this article. Licensed haulers may be requested to attend joint meetings of the Council or its appointees or of the Board of Health or of persons aggrieved by any of the provisions of this article. In the matter of disagreement between a licensed hauler and a customer or between the haulers themselves or the haulers and the borough, the Borough Council or its appointees shall attempt to resolve such difficulties and any disagreements and make decisions relative thereto. The Borough Council, at its option, may refer any such agreement to a Board of Arbitration, which Board of Arbitration shall consist of one arbitrator selected by the hauler and one by the borough, and the two arbitrators so selected shall select a third. The Board of Arbitrators so selected shall promptly inquire into the area of disagreement, hold hearings thereon and make a decision promptly with respect to the disagreement. In the event that the Council elects not to refer the disagreement to arbitration, the decision of the Council in any such disagreement shall be final. Any aggrieved person shall have the right of appeal against any regulations or decisions made by the Borough Council pursuant to the terms of this article or any of the regulations promulgated hereby.

§ 175-15 Violations and penalties. [1]

Any person who shall violate or fail to comply with any of the provisions of this article shall, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $600 and costs of prosecution, and in default of payment of such fine and costs shall be committed to the county jail for a period not exceeding 30 days. Each day's continuance of a violation of this article shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 9-9-1991 by Ord. No. 521]

§ 175-16 Title.

The short title of this article shall be the "Borough of Honesdale Recycling Ordinance," and the same may be cited in that manner.

§ 175-17 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, e.g., hospitals, schools and nursing homes.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
MUNICIPALITY
The Borough of Honesdale, Wayne County, Pennsylvania.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
PERSON(S)
Owners, lessees and occupants of residences or commercial or institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this article and may be revised from time to time as deemed necessary by the municipality.
RESIDENCE
Any occupied single- or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
SOLID WASTE
All refuse (garbage and rubbish) and other discarded solid material normally collected by a municipal or private hauler.
YARD WASTE
Prunings, grass clippings, weeds, leaves and garden waste.

§ 175-18 Establishment of program.

A. 
There is hereby established a program for the mandatory separation of recyclable materials from solid waste by all persons within the Borough of Honesdale.
B. 
All commercial, institutional and municipal establishments located within the borough and affected by Act 101[1] shall deposit their recyclables in the established Wayne County collection site.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C. 
Any commercial, institutional or municipal establishment with a recycling program in place which meets the requirements of Act 101 and which was established prior to the enactment of this article shall be exempt from the provisions of this article for so long as its program continues to meet the requirements of Act 101 and any enactment of subsequent legislation dealing with recycling.

§ 175-19 Separation of recyclables and placement for disposal.

Recyclable materials shall be placed at the curb, separate from solid waste, for collection at such times and dates as may be hereinafter established by regulation.

§ 175-20 Municipal ownership of recyclables.

A. 
All materials placed at the curbside under the provisions of this article or in other permissible locations for collection by the municipality shall be considered property of the municipality.
B. 
It shall be a violation of this article for any person(s) unauthorized by the municipality to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense, punishable as hereinafter provided.

§ 175-21 Enforcement and administration.

A. 
The municipality is authorized and directed to enforce this article and to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article. The municipality may change, modify, repeal or amend any portion of said rules and regulations at any time.
B. 
All nonexempt, commercial, institutional and municipal establishments shall submit to the borough valid commercial documentation as approved from time to time by the Department of Environmental Protection for the Commonwealth of Pennsylvania of recycling activities.
[Amended 8-11-1997 by Ord. No. 560]

§ 175-22 Violations and penalties. [1]

Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article or any regulation thereof shall be punishable by a fine of $600, plus the costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-23 Franchise or license.

[Amended 8-11-1997 by Ord. No. 560]
The municipality may enter into an agreement or agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from the curbside.

§ 175-24 Alternative collection of recyclable material.

Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days by the municipality. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.

§ 175-25 Yard waste.

It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial or institutional property in the municipality to put into or cause to be put into the solid waste collection system of the municipality any leaves or grass or other yard waste.