[Ord. 2071, 12/29/2009]
It shall be the duty of every person owning, occupying, in possession
or in charge or control of any residence, church, commercial establishment,
industrial establishment, mixed use housing property and/or multifamily
housing property where municipal waste is created or accumulated at
all times to keep or cause to be kept and dispose of such municipal
waste in accordance with the requirements of this Subpart.
1.
All persons who are residents of the Borough (and do not live in
a multifamily housing property), churches and mixed use housing property
shall be required to participate in the municipal collection system
and shall be governed by the following requirements and regulations:
A.
Where municipal waste is accumulated, such waste shall be kept or
caused to be kept in a portable, secure appurtenance, metal, plastic
or vinyl, similarly constructed cans or containers or appropriate
bags, only in the event such bags are not ripped or damaged in any
way. Such containers shall be constructed of the materials described
above and shall be watertight, rodentproof and inspectproof, not easily
corrodible, shall be provided with handles and closely fitting lids
or covers; shall not have more than a thirty-five-gallon capacity
and shall be capable of being lifted by one person.
B.
In addition, each residential unit, mixed-use property, and church
shall be limited as to the number of cans or bags that may be placed
for collection on the designated collection day. The number of cans
or bags shall be limited to four cans and/or bags at one collection
time. Bulk items shall not be counted as part of the number of cans
or bags.
C.
Each approved can or container shall be kept clean inside and out,
so that no odor nuisance shall exist. The collector shall place tags
on garbage containers found to be in violation of this Section and
notify the Borough Manager. Two or more violations of this provision
by persons shall subject the persons to penalties as set forth in § 221
of this Part.
D.
No dumpster service shall be provided to any residential, mixed use
property or church in the municipal collection system.
2.
Individual industrial properties, commercial properties, multifamily
housing properties containing seven or more units, or mixed-use properties
which include multifamily housing properties containing seven or more
units, shall not be permitted to participate in the municipal collection
system, but shall be required to comply with the following rules and
regulations:
[Amended by Ord. No. 2218, 10/11/2022]
A.
The hauler shall provide a dumpster or dumpsters sufficiently large
enough to handle the volume of solid waste produced by the property,
and which shall be approved by the Borough Manager or a designee thereof.
B.
The approved dumpster or dumpsters shall comply with § 507, Subsection 5 of Chapter 27, Zoning, which is hereby adopted and incorporated herein by reference.
C.
The approved dumpster or dumpsters shall be kept clean inside and
outside so as to never create any nuisance, such as an offensive odor.
D.
Upon request by the Borough, the property owner or agent thereof
shall provide written proof of utilization of an authorized waste
disposal hauler.
E.
The property owner shall provide all tenants and occupants with notice
of the requirements of this Part at the commencement of their lease.
F.
Comply with all other applicable ordinances and other rules and regulations
established by the Borough Manager or a designee thereof.
3.
Residential
or mixed-use properties located on contiguous parcels, under single,
unified ownership, which contain, in the aggregate, seven or more
units, may opt out of the municipal collection system, under and subject
to compliance with the following requirements:
[Added by Ord. No. 2218, 10/11/2022]
A.
The owner shall prepare and submit an application for a shared dumpster
which shall be regulated through the issuance of a zoning permit.
An application fee shall accompany the application. The amount of
the application fee shall be established through formal resolution
enacted by Borough Council.
B.
The hauler shall provide a dumpster or dumpsters sufficiently large
enough to handle the volume of solid waste produced by the properties,
and which shall be approved by the Borough Manager or a designee thereof.
C.
The approved dumpster or dumpsters shall comply with § 507, Subsection 5 of Chapter 27, Zoning, which is hereby adopted and incorporated herein by reference.
D.
The approved dumpster or dumpsters shall be kept clean so as to never
create any nuisance, such as an offensive odor.
E.
Upon request by the Borough, the property owner or agent thereof
shall provide written proof of utilization of an authorized waste
disposal hauler.
F.
The property owner shall provide all tenants and occupants with notice
of the requirements of this Part at the commencement of their lease.
G.
Dumpsters and related improvements that disturb less than 250 square
feet shall not constitute land development.
H.
Comply with all other applicable ordinances, and other rules and
regulations established by the Borough Manager or a designee thereof.
[Ord. 2071, 12/29/2009]
1.
It shall be unlawful for any person to bury, burn, dump, collect,
remove, or in any other manner dispose of municipal waste upon any
street, alley, public place or private property within the Borough
of Pottstown other than as provided in this Part. Wastepaper, boxes,
rubbish and debris, brush, grass, leaves, weeds and cuttings from
trees, lawns, shrubs and gardens may be burned on private property
in furnaces or, upon special permit from the Fire Chief of the Borough,
they may not be burned in outside fireplaces, private incinerators
or in open fires.
2.
It shall be unlawful for any person to bury, burn or dump municipal
waste, yard materials or leaf waste upon any street, alley or public
place or to collect or remove the same over any public right-of-way
of the Borough of Pottstown, except as to collectors who shall be
duly authorized and licensed by the Borough.
3.
It shall be unlawful for any person to remove, transfer and/or dispose
of municipal waste generated at establishments exempt from municipal
waste collection to establishments and residences that are permitted
to participate in the municipal collection system.
[Ord. 2071, 12/29/2009]
Except as otherwise approved by the Borough Manager, the collection,
removal and disposal of all municipal waste shall be at least twice
each week. Schedules may be demanded by the Borough Manager to be
posted at Borough Hall. All dumps shall be approved by the proper
authorities.
[Ord. 2071, 12/29/2009]
All collectors of municipal waste, while within the territorial
limits of the Borough, shall provide a securely covered vehicle, so
constructed that the contents will not leak, spill or be blown therefrom,
in which all municipal waste of any kind whatsoever by him shall be
conveyed to the place designated. The said vehicle or conveyance used
shall be kept clean and as free from offensive odors as possible,
and shall not be allowed to stand in any street, alley or public place
longer than is reasonably necessary to collect the garbage or other
material. The vehicle or conveyance shall bear on each side in letters
at least three inches high the name of the collector of refuse or
contractor, and a separate serial number for each such vehicle or
conveyance.
[Ord. 2071, 12/29/2009]
The Borough Manager is hereby authorized and empowered in the
name of the Borough to provide for the collection and removal of all
municipal waste, yard materials and leaf waste, as more fully set
forth in this Chapter, by either the contract system or municipal
collection, if so ordered by action of the Borough Council and in
strict accordance therewith.
[Ord. 2071, 12/29/2009]
In the event that the Borough Manager employs the contract system
under which the charges therefor are paid by the producers or parties
using the system, then the Borough Manager be and he is hereby authorized
and directed to call for bids for such collection and disposal on
plans and specifications to be prepared and submitted by the Borough
Manager. The call shall be made in like manner as provided for other
contractual obligations, except that the bid bond or certified check
in favor of the Borough shall be in the sum of $250. Said Borough
Manager shall then enter into a contract with the lowest responsible
bidder for the entire Borough, or with the lowest responsible bidder,
if on a zone or area basis, for a period not exceeding five years,
reserving unto the Borough the right, by ordinance, to designate and
set up a specific Board of Public Works as its agency for the management
and supervision of such contract. The successful bidder, before entering
upon the work, and annually thereafter, shall execute and file with
the Borough Manager a bond, approved as to form by the Borough Solicitor
and as to surety by the Borough Council, as prescribed by the contract
documents and conditioned that the contractor will faithfully perform
the contract, abide by all rules and regulations for collection, and
pay all laborers, mechanics, and materialmen, and all persons who
shall supply said contractor with materials, equipment and supplies
for the carrying on of the work; conditioned further, that the contractor
will indemnify and save the Borough free and harmless from all and
any laws, damages, claims, suits, judgments, and recoveries of every
kind and description, which may accrue to, or be suffered by any person
by reason of, or arising out of, the performance of the contract,
and that the contractor will appeal and defend any action or suit
instituted against the Borough arising out of the contract. It is
expressly understood that the Borough assumes no further liability
than the execution of the contract and specifically with no liability
for the collection of any charge or charges, fees, or claims for such
services as may be rendered by the contractor to parties using this
system.
[Ord. 2071, 12/29/2009]
In the event that the Borough Manager shall deem it advisable
to institute municipal collection either by contract to be paid for
out of general funds, or by specific levy of taxes for that purpose,
he shall then make a recommendation to that effect to the Borough
Council at least 60 days prior to the end of any fiscal year, and
upon the proper resolution authorizing said municipal collection whether
the same be by contract or by the Borough itself, and upon provision
of the funds for the proper operation thereof, then the said Borough
Manager shall immediately advertise for bids as authorized in § 218
of this Part, if the Borough Council shall designate that method,
or if the Borough Council shall designate collection by the Borough
itself, then the Borough Manager shall be charged with the responsibility
for the collection and removal of the rubbish, garbage, ashes, and
waste from premises in the Borough of Pottstown, and shall have full
authority to appoint a superintendent to supervise the same. Further,
he shall be authorized to purchase by bids such equipment and materials
as may be necessary for the efficient operation of the system, and
may employ men in the number sufficient to operate the same economically
and efficiently.
[Ord. 2071, 12/29/2009]
1.
In the event of any breakdown in or suspension of collections or
collecting service in any part of the Borough under any system or
manner of collection now or at any time hereafter prevailing, whether
public or private, the Mayor is hereby authorized and directed to
declare the existence of an emergency because of the resulting menace
to health and sanitation, and thereunder the Mayor and Borough Manager
are hereby expressly authorized and directed to institute, implement
and effect the collection, removal and disposal of garbage, refuse
and dead animals by any manner or means reasonably possible until
collecting and disposal service may be restored under the terms and
in accordance with the provisions of this Part.
2.
Special Collection. The Borough may, from time to time, and as the
Borough Manager so designate, collect items of bulk waste. Bulk waste
shall be collected in accordance with the existing municipal waste
collection contract in effect at the time. The fee for collection
and disposal of said bulk waste items shall be an amount as established
from time to time by resolution of Borough Council.[1]
[1]
Editor's Note: See the Fee Schedule at the front of this volume.
