[Adopted 4-7-1997 by Ord. No. 1997-1]
[1]
Editor's Note: Former Article I, West Side
Landfill Authority Facilities, adopted 12-9-1963, as amended, was
repealed 4-7-1997 by Ord. No. 1997-3.
This article shall be known as the "Refuse Disposal
Ordinance."
The purposes of this article are to provide
for the collection and disposal of garbage, solid waste, refuse, rubbish
and recyclable materials produced and generated within the Municipality
of Kingston in the most efficient and economically sound manner; to
reduce the volume of garbage and solid waste disposed of within the
Municipality of Kingston; and further to create and to implement a
general municipal waste management plan and project so as to conserve
natural resources and to support the right of the residents of the
Municipality of Kingston to dwell in a clean and healthy environment.
As used in this article, unless the context
clearly indicates otherwise, the following words and terms shall be
construed as follows:
All empty aluminum food and beverage containers.
Empty food and beverage containers consisting of aluminum,
steel and tin coating. A can is bimetallic if a magnet sticks to the
sides but not to the ends.
Those premises used principally for nonmanufacturing or nonprocessing
business, including, but not limited to, stores, offices, restaurants,
shopping centers, gas stations and churches.
All events or activities which are sponsored by public, private,
nonprofit and municipal agencies or individuals that include, but
are not limited to, fairs, bazaars, socials and organized athletic
events attended by 200 or more people.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The deposition, incineration, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged into
the waters of the Commonwealth of Pennsylvania.
Solid waste resulting from the preparation, cooking, handling,
dealing, storing, sale and consumption of all animal and vegetable
wastes.
Empty bottles and jars made of clear, green or brown glass.
Any premises within the municipality upon which there is
erected a structure intended for habitation, occupancy or use by human
beings or animals and from which solid waste or recyclable materials
shall or may be generated or produced.
Any entity engaged in manufacturing, industry, trade or business
process.
Any facility that houses or serves groups of people, including,
but not limited to, hospitals, schools, day-care centers and nursing
homes.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
The public facilities operated by the member municipalities
and the Municipality of Kingston.
This political subdivision of the Commonwealth of Pennsylvania.
Paper of the type commonly used for newspapers and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality's service
area.
Any individual, partnership, company, business organization,
association, society, corporation or other group or entity.
Empty plastic food and beverage containers.
Any person or business organization which provides collection,
transportation and disposal services of solid waste, who is not an
agent or contractor of the municipality.
Materials enumerated in Act 101 of 1988[1] of the Commonwealth of Pennsylvania and materials identified
by the municipality or its agent or contractor for recycling.
All matter and materials which are discarded or rejected
by the owners or producers thereof as offensive or useless or which,
by their presence or accumulation, may injuriously affect the health,
comfort and safety of the community; it shall include ashes, garbage,
rubbish and other refuse materials, but shall exclude human body waste
and recyclables.
[Amended 7-7-2014 by Ord. No. 2014-8]
Any noncommercial building used for family dwelling, which
contains not more than 12 dwelling units.
Solid waste not including recyclables and leaf waste.
[Amended 7-7-2014 by Ord. No. 2014-8]
Materials or substances, discharged or rejected as being
spent, useless, worthless or in excess by a person, and any garbage,
refuse, industrial, lunchroom or office waste and other material,
including solid, liquid or semi-solid or contained gaseous material,
resulting from the operation of residential, municipal, commercial,
industrial or institutional establishments. The term does not include
recyclable materials or materials approved for beneficial use by the
municipality or its agent or contractor.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.
It shall be unlawful hereafter to accumulate, collect,
transport, remove, deposit, maintain or dispose of garbage, solid
waste, refuse, rubbish and recyclable materials upon any public or
private property within the Municipality of Kingston, except in accordance
with the terms and provisions of this article.
B.
An owner, lessee, tenant or occupant of any unimproved
premises or any building, structure or like improvement erected upon
any real property situated within the Municipality of Kingston and
used for any purpose whatsoever shall be liable for the collection
and disposal of all garbage, solid waste and recyclable materials
produced or generated upon or within the premises, building or structure
owned or occupied by a person in accordance with the terms and provisions
of this article.
A.
All residential solid waste, refuse, rubbish and recyclable
materials produced, generated, accumulated or deposited within the
Municipality of Kingston shall be collected, transported and disposed
of by the Municipality of Kingston or by a private or commercial refuse
collector or hauler or a transporter for hire, who shall be licensed
by the Municipality of Kingston. When residential solid waste, refuse
or rubbish shall be collected, transported and disposed of by a private
refuse collector or hauler or transporter for hire, who shall be licensed
by the Municipality of Kingston, the resident shall notify the Municipality
and produce proof of having private subscription service if requested
by the code enforcement officer or a designee.
[Amended 3-2-2009 by Ord. No. 2009-3]
B.
All garbage, refuse, rubbish and solid waste produced,
generated, accumulated or maintained within the Municipality of Kingston
by a commercial, institutional or industrial enterprise, organization
or establishment or a sponsor of any community or public activity
within the Municipality of Kingston shall be collected, transported
and disposed of periodically in a safe and sanitary manner by a private
or commercial refuse collector or hauler or a transporter for hire,
who shall be licensed by the Municipality of Kingston.
C.
No person, including, but not limited to, an owner,
occupant, lessee, commercial collector, hauler or transporter of residential
garbage, refuse, rubbish, solid waste and/or recyclable materials
for hire or otherwise, shall accumulate, deposit, maintain or place
or cause to be accumulated, deposited, maintained or placed upon any
lot or parcel of real property used for a dwelling or for residential
purposes within or without a residential district or zone of the Municipality
of Kingston for the purpose of the collection, transportation or disposal
of residential garbage, solid waste or recyclable materials by any
entity other than the Municipality of Kingston or its agent or contractor.
D.
It shall be unlawful for any person to transport or
convey into the Municipality of Kingston or to deposit, place or dispose
of upon or within any premises or structure located in the Municipality
of Kingston any garbage, solid wastes or recyclable materials produced
and generated elsewhere for the purpose of the collection, transportation
or permanent disposal of any garbage, solid waste or recyclable materials
by anyone within the Municipality of Kingston.
E.
An owner, occupant, lessee, proprietor, operator or supervisor of any commercial, institutional, industrial or municipal enterprise, organization or establishment and a sponsor of any community or public activity within the Municipality of Kingston shall provide for the private or commercial collection, transportation and disposal of the recyclable materials of the kind and nature provided in Article III of Chapter 103 of the Municipal Code of Kingston which are produced or generated by their use. Each commercial, institutional, industrial or municipal enterprise, organization or establishment and each sponsor of any community or public activity subject to this provision shall account to the Municipality of Kingston or its agent or contractor, at least annually, for the volume of the recyclable materials caused to be recycled by it hereunder.
A.
Preparation of refuse.
(1)
All refuse shall be drained free of liquids before
disposal.
(4)
The cost of each garbage sticker referred to in Subsection A(3)(a) above shall be $2.[1] The Mayor is authorized to put into place the manner,
location and other details concerning the sale of said stickers to
those persons eligible and required to use the same. The Town Council,
by resolution, may modify the cost of the garbage sticker at any time.
[Amended 10-16-2006 by Res. No. 2006-21; 10-18-2010 by Res. No. 2010-19]
[1]
Editor's Note: Resolution No. 2010-19 stated
that this price applies to all garbage stickers sold after 1-1-2011.
(5)
Nothing herein provided shall prohibit the use of
plastic or metal trash receptacles owned by residents for the storage
of municipal solid waste, provided that said receptacles are lined
with an approved trash bag, affixed with an approved garbage sticker,
which shall be collected and disposed of in the course of refuse collection
by the municipality.
B.
Refuse containers.
(1)
Refuse containers shall be made of durable, watertight,
rust-resistant material, having a close-fitting lid and handles to
facilitate collection.
(2)
Refuse containers for residences shall not exceed
a capacity of 32 gallons.
(3)
It shall be unlawful to permit the accumulation of
residue of liquids, solids or a combination of such materials 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.
C.
Storage of refuse.
(1)
Each householder, commercial establishment or person
having refuse shall store the same in a safe refuse container until
ready for disposal under this article.
(2)
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, or to accumulate the same on any ground.
A.
Place of collection.
(1)
Refuse containers shall, for the purpose of collection,
be placed at curbside 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 no sooner than the evening before the designated day
for collection.
B.
Frequency of collection.
(1)
Municipality collection of refuse, as defined under
this article, shall be done at least once weekly during the entire
year from residential premises, on a schedule to be designated by
the Mayor.
(2)
Hotels, restaurants, institutions and commercial establishments
may be required to have more frequent collection, if determined by
the Mayor to be essential to protect the public health.
(3)
The hours of collection of all refuse, garbage, rubbish
or solid waste from all residential dwellings shall be performed between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday of each
week. There shall be no collection on Saturdays or Sundays from residential
dwellings. The hours of collection for hotels, restaurants, institutions
and commercial establishments shall be performed between the hours
of 7:00 a.m. and 5:00 p.m., Monday through Saturday of each week.
There shall be no collection on Sundays.
[Amended 11-6-1997 by Ord. No. 1997-4]
C.
Licensing of collectors.
(1)
No person shall utilize any truck or motor vehicle
to collect, remove, haul and convey any refuse through or upon any
of the streets or alleys of the Municipality of Kingston or dispose
of the same in any manner or place without obtaining a license from
the municipality for each truck or motor vehicle.
(2)
The fee for such license shall be as established per
annum, 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.
(3)
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.
(4)
No license shall be granted if the place and method
of disposal shall not conform to the requirements of this article
or to the ordinance of any municipal or quasi-municipal corporation
wherein disposal of refuse is to be made.
(5)
It shall be unlawful to permit an unlicensed collector
to collect or remove refuse from an institution or commercial enterprise
or any noncommercial building used for family dwelling which contains
more than 12 dwelling units.
(6)
It shall be unlawful for any person, corporation,
individual, partnership or any other entity to collect refuse or garbage
or rubbish or solid waste from any institutional, commercial or family
dwelling unit without first having obtained a license from the municipality
as provided for in this article.
(7)
Each collector applying for a license shall provide
evidence of a valid agreement, not subject to cancellation, covering
use of the Luzerne County approved disposal facility. Such evidence
shall accompany the application for license. No disposal location
shall be used other than the Luzerne County contraced disposal location.
(8)
The contractor granted the license shall not in any
manner be construed as an agent, servant or employee of the Municipality
of Kingston, but shall at all times be considered and remain an independent
contractor.
(9)
Any violation of these specifications shall be sufficient
cause for the immediate cancellation of the license.
(10)
The initial license fee commencing July 1, 1997,
is hereby established at $600 per collector.[1] This fee is established as a per annum fee and is not
prorated and will be valid from the period July 1, 1997, through December
31, 1997. The Town Council may modify or change any licensing fees
by resolution.
[1]
Editor's Note: This fee was revised pursuant
to Res. No. 1997-29, adopted 8-4-1997.
It shall be unlawful to:
A.
Dump, burn, bury or destroy or otherwise dispose of refuse, recyclables
and leaf waste within the jurisdictional limits of the Municipality
of Kingston except at the municipally approved disposal site.
[Amended 7-7-2014 by Ord. No. 2014-8]
B.
Place, set or dispose of any garbage, sweepings, rubbish
or any other type of refuse generated from any nonresident on any
property within the jurisdictional limits of the Municipality of Kingston.
C.
As a resident of the Municipality of Kingston, transport
from outside the jurisdictional limits of the Municipality of Kingston
any garbage, sweepings, rubbish or any other type of refuse and to
place the same with said Kingston resident's weekly refuse for collection
at the disposal site.
The Municipality of Kingston is authorized to
levy, charge, assess, adopt and collect from time to time service
charges and fees for the collection, transportation and disposal of
garbage, solid waste and recyclable materials within the Municipality
of Kingston, as provided herein, to the extent and in the manner provided
by law and to designate said fee by resolution of Town Council.
Any person who shall place at curbside garbage,
solid waste or recyclable materials for collection, transportation
or disposal shall be deemed to have given consent, whether express
or implied, to the Municipality of Kingston or its agent or contractor
to open and inspect any container, receptacle or enclosure containing
or purporting to contain garbage, solid waste or recyclable materials.
A.
Any person who shall violate any provisions of this
article shall, upon conviction, be sentenced to pay a fine not exceeding
$1,000 or, in default of payment of such fine, then to imprisonment
for not more than 30 days.
B.
Each day's continuance of a violation of this article
may constitute a separate offense.
A.
Nothing in this article shall prohibit a landscaper,
lawn service provider, builder or remodeler who has contracted with
the owner of a residential dwelling, as defined in this article, from
removing the waste, remnants or by-products of his work or service
that was provided to that residential dwelling and that land upon
which it sits.
B.
In addition, nothing in this article shall prohibit
the municipality from, at its sole discretion, declaring a spring
cleanup and authorize an independent contractor to pick up those items
designated by the municipality at a specific time designated by the
municipality.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed insofar as it affects this article.
If any provisions, sentence, clauses, section
or part of this article is, for any reason whatever, determined to
be invalid, illegal or unconstitutional, such determination shall
not affect or impair any of the remaining provisions or parts of this
article.
The right to amend this article or any portion
thereof from time to time, as is deemed advisable for the effective
administration of this article, is reserved.
