[Ord. 1974-10, 8/5/1974, § 1]
This Part shall be known as the "Refuse Disposal Ordinance."
[Ord. 1974-10, 8/5/1974, § 2]
The residue resulting from the burning of wood, coal, coke
or other combustible material.
The storage, collection, disposal, or handling of refuse.
All animal and vegetable wastes resulting from the handling,
preparation, cooking, or consumption of foods.
Any natural person, association, partnership, firm, or corporation.
All solid wastes, except body wastes, and shall include garbage,
ashes, and rubbish.
Glass, metal, paper, plant growth, wood, or nonputrescible
solid wastes.
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The singular shall include the plural and the masculine shall
include the feminine and the neuter.
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[Ord. 1974-10, 8/5/1974, § 3; as amended by Ord.
2009-8, 12/7/2009]
1.
Preparation of Refuse.
A.
All refuse shall be drained free of liquids before disposal.
B.
Garbage shall be wrapped in paper or similar material.
C.
All cans, bottles, or other food containers shall be rinsed free
of food particles and drained before disposal.
D.
Rubbish shall be (1) placed in approved containers or, (2) cut and
bailed, tied, bundled, stacked or packaged so as not to exceed 36
inches in length and 50 pounds in weight.
2.
Refuse Containers.
A.
Refuse containers shall be made of durable, watertight, rust-resistant
material having a close-fitting lid and handles to facilitate collection.
B.
Refuse containers for residences shall be of not less than 10 gallons,
nor more than 32 gallons in capacity. Containers for commercial establishments
shall not exceed 40 gallons in capacity.
C.
It shall be unlawful to permit the accumulation or residue of liquids,
solids or a combination of such material on the bottom or sides of
containers, it being the intention of this provision that the interior
of containers shall be kept clean by thorough rinsing and draining
as often as necessary.
3.
Storage of Refuse.
A.
Each householder, commercial establishment, or person having refuse
shall provide himself with approved refuse containers and shall place
and keep all refuse therein; except as provided in Subsection 1D(2)
of this Part relating to handling of rubbish.
B.
It shall be unlawful to place refuse in any street, alley, stream,
body of water, or any other public place, or upon private property,
whether owned or not, unless such refuse is placed in an approved
container, except that rubbish may be stored as provided in Subsection
1D(2) of this Part.
[Ord. 1974-10, 8/5/1974, § 4; as amended by Ord.
2009-8, 12/7/2009]
1.
Place of Collection.
A.
Refuse containers shall, for the purpose of collection, be placed
at ground level, and be made readily accessible to the collector.
They shall be placed on the side of the street from which collection
is to be made not more than 24 hours prior to the scheduled collection
time/date.
B.
Notwithstanding provisions of paragraph .A, householders, commercial
establishments, or other persons, may, by contract with collectors,
be permitted to place containers at agreed places upon their premises.
2.
Frequency of Collection.
A.
Refuse shall be collected:
(1)
Once weekly during the months of October, November, December,
January, February, March, and April.
(2)
Twice weekly during the months of May, June, July, August, and
September.
(3)
Hotels, restaurants, institutions, and commercial establishments
may be required to have more frequent collection, if determined by
the Borough Council to be essential to protect the public health.
(4)
However, the present collection system presently in effect in
the Borough and operated as between private citizens and private carriers,
shall be permitted as far as the times when and the amount of times
that garbage and trash shall be collected.
3.
Licensing of Collectors.
A.
No person shall collect, remove, haul, or convey any refuse through
or upon any of the streets or alleys of the Borough of Forty Fort
or dispose of the same in any manner or place without obtaining a
license from the Borough Council.
B.
The fee for such license shall be in an amount as established from
time to time by resolution of Borough Council, and all licenses shall
be issued for the calendar year, or such portion thereof as shall
remain after the issuance thereof. There shall be no reduction in
the fee for a license issued after the beginning of any calendar year.
C.
Every person who shall apply for a license under this section shall
state the type or types of refuse to be collected, the manner of collection,
and the place and method of disposal.
D.
No license shall be granted if the place and method of disposal shall
not conform to the requirements of this Part, or to the ordinance
of any municipal or quasi-municipal corporation, wherein disposal
of refuse is to be made.
E.
No licensed collector shall make any change in the arrangements for
disposal of refuse collection by him without first receiving the approval
of the Borough Council.
F.
It shall be unlawful to permit an unlicensed collector to collect
or remove refuse from a household, institution, or commercial enterprise.
4.
Collection Vehicles.
A.
All vehicles used for collection of garbage shall be equipped with
compacting devices or equivalent types of closed bodies and shall
have enclosed cargo space.
B.
It shall be unlawful to collect, haul, transport, or convey garbage
in open, unenclosed vehicles.
C.
However, all garbage collectors and trash collectors presently licensed
by the Borough of Forty Fort shall be permitted and allowed to continue
collecting in the community in accordance with the Borough ordinance
and regulations governing that type of activity.
[Ord. 1974-10, 8/5/1974, § 5; as amended by Ord.
2009-8, 12/7/2009]
It shall be unlawful to dump, bury, destroy, or otherwise dispose
of refuse within the jurisdictional limits of the Borough of Forty
Fort.
[Ord. 1974-10, 8/5/1974, § 6; as amended by Ord.
2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not less than $200 nor more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 2009-3, 3/2/2009]
Definitions as used herein shall have the meanings as set forth
below:
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90, 27 Pa.C.S.A. § 6201 et seq.
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from the operation of residential, municipal, commercial
or institutional establishments and from community activities; and
sludge not meeting the definition of residual or hazardous waste under
this section from a municipal, commercial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility.
Any person, agent, operator, film or corporation having a
legal or equitable interest in real estate in the Borough of Forty
Fort or otherwise having control of the property, including the guardian
of an estate of such person and the executor or administrator of the
estate of such person.
An individual, corporation, partnership or other group acting
as a unit.
A lot, plot or parcel of land, including any structures thereon.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
[Ord. 2009-3, 3/2/2009]
All exterior property and premises and the interior of every
structure shall be free from any accumulation of municipal waste.
[Ord. 2009-3, 3/2/2009]
The occupants of a structure shall dispose of all municipal
waste in a clean and sanitary manner by placing such municipal waste
in approved containers and comply with the Borough's Recycling
Ordinance [Part 3].
[Ord. 2009-3, 3/2/2009]
Every dwelling shall have approved leakproof, covered, outside
garbage containers of sufficient number so that all garbage and refuse
of all of the occupants of the premises can dispose of their municipal
waste in a garbage container and so that no municipal waste is stored
by any occupant of the premises outside of a garbage container at
any time.
[Ord. 2009-3, 3/2/2009]
The owner of any premises shall provide at all times approved
leakproof containers with close-fitting covers for the storage of
municipal waste until such time as the municipal waste is removed
from the premises for disposal.
[Ord. 2009-3, 3/2/2009]
Every owner in Borough of Forty Fort shall contract with an
individual, entity or firm which is a licensed hauler by the Commonwealth
of Pennsylvania to have all the municipal waste generated on the premises
by any of the occupants of the premises removed and deposited in a
permitted landfill on a weekly basis or more often.
[Ord. 2009-3, 3/2/2009]
Whenever requested by the Borough of Forty Fort, the owner of
any real estate within the Borough of Forty Fort shall present proof
adequate in the judgment of the Borough of Forty Fort designee that
the owner of said real estate has a current contract with a licensed
hauler to dispose of municipal waste generated on the premises on
a weekly basis or more often. The owner of the premises shall have
72 hours to provide proof to the Borough of Forty Fort designee that
he has a current contract with a licensed hauler to provide sufficient
service to satisfy the terms and conditions of this Part.
[Ord. 2009-3, 3/2/2009]
Any hauler picking up municipal waste in the Borough of Forty
Fort shall be required to advise the Borough of Forty Fort in writing
within 72 hours after request from the Borough of Forty Fort as to
whether an owner has a current contract for municipal waste disposal
from his premises within the Borough of Forty Fort. Furthermore, all
licensed haulers shall cooperate with the Borough of Forty Fort designee
in providing information in the event that an action is instituted
to enforce the terms and conditions of this Part.
[Ord. 2009-3, 3/2/2009; as amended by Ord. 2009-8, 12/7/2009]
Any person who shall violate the terms or conditions of this
Part, upon conviction thereof, shall be sentenced to a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 2009-3, 3/2/2009]
Notwithstanding the terms of this Part, compost piles kept by
occupants or tenants of a structure shall not violate the terms and
conditions of this Part; provided, that the materials in the compost
piles do not generate any offensive odors; and, provided further,
that said compost piles are secure so that animals do not spread the
materials from the compost piles around the premises.
