[HISTORY: Adopted by the Borough Council of the Borough of
Towanda as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-4-1957]
A.
COMBUSTIBLE REFUSE
GARBAGE
INCOMBUSTIBLE REFUSE
PERSON
REFUSE
The following words and terms, as used in this article, shall have
the meanings hereby ascribed thereto, unless the context clearly indicates
a different meaning:
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 or which are for any reason discarded.
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.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
No person shall dispose of any refuse and garbage in the Borough
of Towanda except by conveyance to the sanitary landfill, such sanitary
landfill to be located in a place to be designated by the Borough
Council.
No person, except the contractor designated as herein provided,
shall collect garbage or refuse from any other person for conveyance
to the Borough sanitary landfill, nor shall any person or persons,
except the aforementioned contractor, haul any garbage or refuse from
any other person within the Borough of Towanda or from any point within
such Borough to any place or location outside the Borough limits;
provided, however, that the prohibitions contained in this section
shall not apply to any person who shall haul his own garbage or refuse,
having first provided himself with a proper conveyance and container
in which garbage and refuse can be conveyed in such a manner as not
to be a source of annoyance or unpleasant odors and so as not to leak,
drip or be scattered upon any of the streets or alleys of the Borough,
paying such fee to the custodian or contractor as will be agreed upon
between custodian or contractor for the privilege of using the sanitary
landfill.
The contract for the exclusive right to collect refuse from
other persons in the Borough and for the conveyance thereof shall
be awarded to a contractor for such period of time as shall be determined
by the Borough Council, to a competent and financially responsible
person. Such contracts shall fix and regulate, in a manner not inconsistent
with the terms of this article, as the Council shall direct, the prices
to be charged by such contractor to customers and the manner, method
and time of collecting refuse and garbage. The person to whom such
contract shall be awarded shall, before undertaking any of his duties
thereunder, give bond to the Borough in the sum and with such security
as the Council may require, conditioned for the faithful compliance
with the terms of this contract.
[Amended 5-1-2006 by Ord. No. 2006-2]
A.
The storage of all garbage and refuse shall be practiced so as to
prevent the harborage or breeding of insects and the attraction of
rodents and scavenging animals. In addition, this storage shall not
create safety hazards, odors, unsightliness, public nuisances or conditions
harmful to public health.
B.
Any person producing garbage and refuse shall provide a sufficient
number of containers to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all waste materials therein.
C.
Container standards. All garbage and refuse shall be stored in containers
approved by the municipality or its designated representative. Individual
containers and bulk containers utilized for storage of garbage and
refuse shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, in such a manner as to be leakproof, weatherproof, insect-proof
and rodent-proof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity
of no less than 10 gallons nor more than 40 gallons and a loaded weight
of no more than 35 pounds.
(4)
All containers shall also comply with the minimum standards established
by the National Sanitation Foundation.
(5)
Containers that do not conform to the standard of this section or
which have sharp edges, ragged edges or any other defect that may
hamper or injure collection personnel shall be promptly replaced by
the owner upon notice from the waste hauler or municipality.
D.
Preparation standards. Any person storing garbage and refuse for
collection shall comply with the following preparation standards:
(1)
All garbage or other waste shall be securely wrapped in paper, plastic
or similar material or placed in properly tied plastic bags.
(2)
All garbage and refuse shall be drained of free liquids before being
placed in storage containers.
(3)
When specified by the municipality or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
E.
Storage standards. Any person storing garbage and refuse for collection
shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
Containers shall be maintained and placed in a suitable location
and maintained so as not to be considered a public nuisance.
(3)
Containers shall be placed at a collection point agreeable to the
waste hauler or municipality.
(4)
When placed curbside for collection, disposable plastic bags are acceptable containers, provided that the bags are designated for waste disposal. If the disposable plastic bags attract rodents or scavenging animals, then reusable containers must be used as described in Subsection C(1). Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of no less than 10 gallons nor more than 40 gallons and a loaded weight of no more than 35 pounds.
(5)
Bulk waste items such as furniture, automobile parts, machinery,
appliances, and tires shall be stored in a manner that will prevent
the collection of water, the harborage of rodents, safety hazards
and fire hazards.
(6)
With the exception of pickup days when the containers are placed
out for collection, the containers shall be properly stored on the
owner or customer's premises at all times. On pickup days, containers
may be placed outside of the owner's or customer's premises
as early as 12:00 p.m., the evening prior to pickup. On the same day
of collection, the containers must be returned to their permanent
storage location.
[Added 3-1-1999 by Ord. No. 3-1999]
A.
Dumpsters may be used in the Borough of Towanda, Pennsylvania for
the storage and/or removal of garbage and/or refuse accumulations.
B.
Subsection A notwithstanding, within districts of the Borough of Towanda, Pennsylvania zoned residential, it shall be illegal for:
(1)
Anyone to use a dumpster for the storage and/or removal of garbage
and/or day-to-day refuse accumulations; and
(2)
An owner of real property to have a dumpster on the owner's
real property whenever the dumpster is used for the storage and/or
removal of garbage and/or day-to-day refuse accumulations.
C.
It shall be an absolute defense to any prosecution brought under Subsection B(1) or (2) for the defendant to show that the dumpster at issue was being used at the time of alleged violation exclusively for special projects such as housing construction or renovation, landscape projects or major housecleaning.
[Added 8-5-1996 by Ord. No. 5-1996; amended 7-10-2000 by Ord. No.
3-2000; 10-4-2010 by Ord. No. 2010-6; 4-3-2017 by Ord. No. 2017-1]
A.
BOROUGH
OPEN BURNING
OWNER
PERSON
PROPERTY
RECREATIONAL FIRE
RECREATIONAL FIRE SITE
SECTION
STARTER FUELS
WOOD
Definitions. For purposes of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
The Borough of Towanda, Bradford County, Pennsylvania.
The burning of any matter outdoors if the resulting combustion
by-products are emitted directly into the atmosphere, except a recreational
or camp fire as defined herein. Fires contained within mobile cooking
or heating devices such as charcoal grills, wood smokers, manufactured
hibachis, and propane or natural gas cooking or heating devices are
not considered to be open burning.
The person who, alone or jointly or severally with others
is the owner of record of a property as filed with the Bradford County
Recorder of Deeds. In the case where an owner is represented by an
agent, including but not limited to a manager, executor, administrator,
guardian of the estate, trustee or other fiduciary, such person so
representing the actual owner shall be bound to comply with the provisions
of this section to the same extent as if he or she were the owner.
Any individual, partnership, association, syndicate, corporation,
company, or legal entity subject to law.
A piece, parcel, lot or tract of land.
A fire, set with an approved starter fuel, no more than three
feet in height, contained within a recreational fire site: using dry,
clean wood; producing little detectable smoke, odor, or soot beyond
the property line; conducted with an adult tending the fire at all
times; for recreational, ceremonial, or social purposes or food preparation;
extinguished completely before quitting the occasion; and respecting
weather conditions, neighbors, burning bans, and air quality requirements
so that nuisance, health, or safety hazards will not be created. A
campfire is a type of recreational fire. No more than one recreational
fire is allowed on any property at one time.
An area of no more than a three-foot-diameter circle (as
measured from the inside of the fire ring or border) completely surrounded
by noncombustible and nonsmoke or odor-producing material, either
natural rock, cement, brick, tile, blocks, or ferrous metal. Burning
barrels including fifty-five-gallon drums and similar containers are
not a recreational fire site. Recreational fire sites shall not be
located closer than 25 feet to any structure made of combustible material.
This § 253-7 of the Towanda Borough Code.
Dry, untreated, or unpainted kindling, branches, or charcoal
fire starter. Paraffin candles and alcohols are permitted as starter
fuels and as aids to ignition only. Propane gas torches or other clean
gas burning devices causing minimal pollution may be used to start
an open burn. Gasoline, kerosene and other explosive or highly volatile
petroleum or chemical-based substances are not approved starter fuels.
Dry, clean fuels, such as twigs, branches, limbs, manufactured
fireplace logs, charcoal, cord wood, or untreated dimensional lumber.
"Wood" does not include wood that is green with leaves or needles,
rotten, wet, oil-soaked, or treated with paint, glue, or preservatives.
Clean wood pallets may be used for recreational fires when cut into
less than three-foot lengths.
B.
Nuisances declared; responsibility; violation.
(1)
Any open burning which does not comply with the provisions with this
section is hereby declared to be a public nuisance.
(2)
Any open burning which does not comply with the provisions with this
section shall be deemed to be in violation of this section. The property
owner of the premises upon which such violation is occurring, as well
as the person engaging in such violation, shall be subject to the
penalties and remedies prescribed herein.
C.
Prohibited materials.
(1)
No person shall conduct, cause, or permit the open burning of oils,
petroleum fuels, rubber, plastic, metals, chemically based or treated
materials, or other materials that produce excessive or noxious fumes,
smoke, soot, ash or other airborne emissions or combustion by-products
such as, but not limited to, tires; railroad ties; treated, painted
or glued wood; composite shingles; tar paper; insulation; composition
board; sheet rock; wiring; furniture; appliances; mattresses; box
springs; bedding; diapers; and batteries.
(2)
No person shall conduct, cause, or permit the open burning of hazardous
waste or materials from salvage operations; solid waste generated
from an industrial or manufacturing process; materials from a service
or commercial establishment; building materials generated from construction
or demolition of commercial, industrial or residential structures.
(3)
No person shall conduct, cause, or permit the open burning of discarded
materials resulting from the handling, processing, storage, preparation,
serving, or consumption of food, or the slaughter, handling or processing
of animals.
(4)
No person shall conduct, cause, or permit the open burning of any
leaves, weeds or grass clippings.
(5)
No person shall conduct, cause or permit the open burning of any
materials accepted for curbside recycling pickup at no cost under
a recycling service provided by or contracted for by the Borough,
such as, but not limited to, office paper; magazines; newsprint; corrugated
paper, cardboard; aluminum, steel or bimetallic cans; glass; plastic
containers.
D.
Permitted open burning; special circumstances.
(1)
Open burning may be conducted for the following purposes when necessary
to eliminate a health or safety hazard that cannot be abated by other
practical means.
(2)
No person shall conduct, cause or permit open burning under this Subsection D without first having obtained any license, permit or other written authorization required under any applicable federal, state or local law, rule or regulation including, but not limited to, the Pennsylvania Air Pollution Control Act, 35 P.S.§ 4001 et seq., the Federal Clean Air Act, 42 U.S.C. § 7401 et seq., and the rules and regulations of the Pennsylvania Department of Environmental Protection and United States Environmental Protection Agency, all of which are incorporated in this section by reference.
E.
Enforcement; compliance; violations and penalties; other remedies;
action to abate.
(1)
This section shall be enforced by the Borough Code Enforcement Officer.
This section shall also be enforced by any officer of the Borough
Police Department or the Pennsylvania State Police.
(2)
Failure to comply with any provision of this section, and/or failure
to comply with an order to abate a nuisance, shall constitute a violation
of this section.
(3)
This section shall be enforced by action brought before a District
Magisterial Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits a violation of the provisions of
this section shall, upon conviction in a summary proceeding, pay a
fine of not less than $100 nor more than $1,000 per violation for
a first offense, not less than $200 nor more than $1,000 per violation
for a second offense, and not less than $300 nor more than $1,000
per violation for a third offense, plus all court costs and reasonable
attorney's fees incurred by the Borough in the enforcement proceedings,
and/or be imprisoned to the extent allowed by law for the punishment
of summary offenses. Each day or portion thereof that a violation
exists or continues shall constitute a separate violation. Each provision
of this section that is violated shall also constitute a separate
violation. Further, the appropriate officers or agents of the Borough
are hereby authorized to seek equitable relief, including injunction,
to enforce compliance with this section.
(4)
Except as otherwise required by law, all fines, penalties, costs
and reasonable attorney's fees collected for the violation of
this section shall be paid to the Borough for its general use.
(5)
In addition to the fines, judgments and/or imprisonment remedies of Subsection E(3) above, the Borough may pursue independent and cumulative remedies at law or equity including a demand for reimbursement of all court costs and reasonable attorney's fees.
(6)
In addition, if the owner or person in control of any property at
which an act or condition constituting a violation of this section
is occurring fails to respond to an order of compliance, the Borough
Code Enforcement Officer and/or officer of the Borough Police Department
or the Pennsylvania State Police shall be empowered to cause compliance
to be commenced or completed by the Borough, and Borough may enter
a municipal lien upon the premises to recover the cost and expense
thereof.
F.
Repealer. All sections or parts of sections which are inconsistent
with this section or hereby repealed. Without limiting the foregoing,
Section No. 5-1996, Section No. 3-2000 and Section No. 2010-6 specifically
are hereby repealed.
G.
Severability. If any sentence, clause, section or part of this section
is for any reason found to be unconstitutional, illegal or invalid,
all remaining provisions, sentences, clauses, sections or parts of
this section shall remain in effect. It is hereby declared as the
intent of the Borough that this section would have been adopted if
such unconstitutional, illegal or invalid sentence, clause, section
or part had not been included herein.
H.
Municipal liability. The Borough and its agents, officials, and representatives
shall not under any circumstances be liable or legally responsible
for activities or conditions which constitute a nuisance under the
terms of this section. Any liability or damages resulting from activities
or conditions constituting a nuisance are the sole responsibility
of the owner of the property and/or the person or persons responsible
for such activity or condition. The failure to enforce the terms of
this section shall not constitute a cause of action against the Borough
or its agents, officials or representatives.
I.
Effective date. This section shall be effective immediately and shall
remain in force until modified, amended or rescinded by the Borough
of Towanda, Bradford County, Pennsylvania.
[Amended 7-10-2000 by Ord. No. 3-2000; 5-1-2006 by Ord. No.
2006-2; 10-1-2012 by Ord. No. 2012-3]
Any person who violates any section of this article, upon a
first conviction, shall pay a fine of $50 and the costs of prosecution,
but for each subsequent violation, upon conviction, shall pay a fine
up to $1,000 and the costs of prosecution. Upon failure to pay an
imposed fine for an infraction of this chapter, the convicted party
shall be imprisoned for a period of time not to exceed 30 days. Offenses
commenced at separate times shall be separate offenses. Furthermore,
each day that an offense occurs, regardless of when it commenced,
shall result in a separate offense.
