[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.]
[Adopted 3-22-1971 by Ord. No. 396]
A.
BOROUGH
COMBUSTIBLE REFUSE
GARBAGE
HAULER
INCOMBUSTIBLE REFUSE
PERSON
REFUSE
RIFFRAFF
RUBBISH
SEASONAL RESIDENCE
The following words and terms, as used in this article,
shall have the meaning ascribed thereto unless the context clearly
indicates a different meaning:
The Borough of Honesdale, Wayne County, Pennsylvania.
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.
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.
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.
All discarded articles or materials except sewage, liquid
waste, garbage and combustible refuse.
Any natural person, association, partnership, firm or corporation.
All combustible refuse and incombustible refuse referred
to collectively.
All waste materials too large for collection in the ordinary
containers, such as furniture, tanks, stoves and the like.
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.
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.
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.
[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
each day from 7:00 a.m. to 6:00 p.m., and then only under constant
supervision of said person conducting such fire and subject to the
further provisions by the Borough of Honesdale by proper resolution
which may impose a limitation and or restriction of said burning within
the aforesaid periods of time, provided that notice of said restriction
is published in one newspaper of general circulation in the Borough
of Honesdale one week in advance the first days of May, October and
November in the subject year. Notwithstanding anything to the contrary
herein, absolutely no such burning as permitted and/or allowed for
herein shall be conducted on any streets located within the Borough
of Honesdale.
[Amended 3-8-1976 by Ord. No. 426; 12-8-1997 by Ord. No. 564; 12-10-2018 by Ord. No. 689]
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.
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.
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.
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.
[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.
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.
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.
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.
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.
[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.
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.
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.
[Adopted 9-9-1991 by Ord. No. 521]
The short title of this article shall be the
"Borough of Honesdale Recycling Ordinance," and the same may be cited
in that manner.
As used in this article, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Those properties used primarily for commercial or industrial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
Empty steel or tin food or beverage 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.
Those facilities that house or serve groups of people, e.g.,
hospitals, schools and nursing homes.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
The Borough of Honesdale, Wayne County, Pennsylvania.
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.
Owners, lessees and occupants of residences or commercial
or institutional establishments.
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.
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.
Any occupied single- or multifamily dwelling having up to
four dwelling units per structure from which a municipal or private
hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipal or private hauler.
Prunings, grass clippings, weeds, leaves and garden waste.
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.
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.
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.
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.
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]
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.
[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.
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.
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.
