[Adopted 12-21-2015 by Ord. No. 628-2015[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Garbage Collection, adopted as Ch. 88 of the 1975 Code, as amended.
As used in this article, the following terms shall have the
following meanings indicated, unless a different meaning clearly appears
from the context:
Includes ashes from coal or wood.
Includes any offal or refuse of fish, fruit, vegetable or
animal matter or any other organic substance subject to fermentation
or decay. "Garbage," as used in this article, does not include tin
cans, glass or any glass or metal containers.
Includes paper, rags, excelsior, straw, old clothes, paper
and cardboard boxes, old shoes, tin cans, glass, china, glass containers,
oyster and clam shells, lawn trimmings, grass, weeds and other waste
materials which shall result from the ordinary conduct of housekeeping.
A.
Fees.
(1)
Residential. A garbage collection and disposal fee shall be charged
for all residential households and/or units (occupied or vacant) within
the Borough. For residential households and/or units, whether occupied
or vacant, the garbage collection and disposal fee shall be charged
on a yearly basis as set by resolution. The initial fee as of the
time of the adoption of this article shall be $300 per year. This
rate may be amended from time to time by resolution of Borough Council.
(2)
Commercial. A garbage collection and disposal fee shall be charged
for each commercial property owner, tenant or licensee within the
Borough. For each such unit, whether occupied or vacant, the garbage
collection and disposal fee shall be charged on a yearly basis as
set by resolution. If the commercial property owner, tenant or licensee
chooses to have his garbage hauled by a private hauler, or any hauler
other than one hired by the Borough of Lehighton, the commercial owner,
tenant or licensee must provide a letter to the Borough Manager, on
the hauling company's letterhead, stating which businesses are
being serviced by that hauler. Only in those cases where a private
hauler is hired by the commercial unit shall the garbage collection
and disposal fee not be due to the Borough.
[Amended 3-1-2021 by Ord. No. 660-2021]
(3)
Said garbage collection fees shall be billed and payable in equal
monthly installments.
B.
Delinquent accounts. If the full amount of such bill shall not be
paid within 20 days from the date of billing, 5% of the balance of
the bill shall be added thereto, which, together with the balance
of the bill, shall become the gross amount thereof. This percentage
may be changed from time to time by resolution of Borough Council.
All delinquent accounts are subject to stoppage of services without
notice. If a delinquent account is not paid within 30 days, the Borough
Manager may cease all refuse collection for that account. Service
shall be resumed thereafter only on payment on the accumulated fees
for the period of collection and for the period of noncollection.
[Amended 12-18-2017 by Ord. No. 642-2018]
[Amended 3-1-2021 by Ord. No. 660-2021]
A.
All garbage and rubbish shall be placed in the automated collection
toter containers ("container") provided by the Borough for that purpose.
This container shall be and remain the property of Lehighton Borough
and/or the garbage hauler contracted by the Borough and shall stay
with the dwelling unit it was assigned to, regardless of resale, rental
or other conditions.
B.
Each container shall be placed for collection at the curbside in
a location accessible to the automated garbage collection truck. The
container shall be placed for collection on the collection dates designated
by the Borough.
[Amended 3-21-2016 by Ord. No. 629-2016]
Receptacles containing garbage, rubbish and ashes shall be placed
for collection no sooner than 12:00 noon on the day before scheduled
garbage pickup. The receptacles containing such garbage, rubbish and
cold ashes shall be placed at the curbline of the street or alley
or within 10 feet of the street or alley where collection is to occur.
Receptacles shall be removed from the curbline of the street or alley
or the location placed for pickup by 12:00 noon the day following
garbage pickup. The Borough reserves the right to change these rules
in order to make the collection more practical.
[Amended 3-1-2021 by Ord. No. 660-2021]
A.
Bulk materials
that are not recyclable, such as small furniture and other bulky household
items that are too large to be disposed of in the automated collection
cart, shall be collected at the curb as provided in this section.
B.
Mattresses, box springs and upholstered furniture that is placed
curbside for collection shall be wrapped in plastic or placed in disposable
plastic bags. Plastic wrapping or plastic bags must be sufficient
to cover all exposed areas of the mattress, box spring and/or furniture.
The plastic wrapping and/or the disposable plastic bags are required
to avoid, to the greatest extent possible, collection personnel coming
into contact with infested materials.
The hours, days, times, places and amounts of removal of garbage,
rubbish and ashes shall be governed by rules and regulations adopted
by the Borough Council, which rules and regulations may be revised
from time to time as the Borough Council may determine.
A.
Construction materials, such as paneling, drywall, carpeting, toilets,
tubs, shower units and wood, are not included in the definition of
garbage, rubbish or ashes for purposes of this article. All homeowners,
residents and individuals shall be prohibited from placing such construction
materials for collection. All such persons must dispose of such construction
materials by private contract, and such construction materials may
not be disposed of as part of the routine collection of garbage and
rubbish within the Borough.
B.
In addition to the metal or plastic receptacles and garbage bags
which may be placed for collection, each homeowner shall be permitted
to place one large item per week from each home/dwelling unit. Such
large items shall be items such as stove, chair, table, couch or appliance.
No more than one such item shall be placed for collection from any
one dwelling unit/home within the Borough.
C.
When any major appliance is placed for collection, such as an oven,
refrigerator, washer, dryer, etc., all doors must be removed from
such appliance prior to being placed for garbage collection. Microwaves
and televisions are no longer allowed to be put out for garbage.
D.
All freon must be removed from any freezer, air conditioner, refrigerator,
or other item which may have contained freon, and all such appliances
must be tagged (indicating freon has been removed) before being placed
for garbage collection.
The garbage, rubbish and ash collector or collectors must also
collect and remove all garbage, rubbish and ashes which, by accident
or otherwise, may have been put or fallen on the sidewalks, streets,
alleys or highways.
All carts, wagons and other vehicles used in the collection
and transporting of garbage, rubbish and ashes within the limits of
the Borough shall always be kept in a clean and sanitary condition
and maintained so as not to create public nuisance or be in any way
a menace to the public health. All such vehicles shall be provided
with a watertight box, body or container, closely and entirely covered
with a suitable cover, adequate to prevent leakage and to prevent
materials from being blown from the vehicle. All vehicles shall at
all times be subject to a rigid inspection by the Health Officer of
the Borough of Lehighton or any other authorized agent of said Borough.
The Borough Council of the Borough of Lehighton is hereby authorized
and directed to make such rules and regulations as it shall determine
relative to the removal of garbage, rubbish and ashes; and said Council
is hereby further authorized and directed to make contract for removal
of garbage, rubbish or ashes, or such other arrangement as it may
deem best for the removal of the same.
It shall be unlawful for any person not a resident of the Borough
of Lehighton to deposit any refuse at or near any residential unit
for collection and disposal of same.
It shall be unlawful for any person to deposit any refuse for
collection that is generated from outside of Lehighton Borough.
All persons, firms or corporations violating or contributing
to the violation of any of the provisions of this article, or permitting
their agents or representatives while under their control or under
their direction to do so, shall, upon conviction thereof before any
District Justice, be subject to a fine of not more than $600 and costs
of prosecution and, in default of payment of such fine and costs,
to imprisonment in the county jail for not more than 30 days.