[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-9-1965 by Ord. No. 326]
This article shall be known as the "Refuse Disposal Ordinance."
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.
The residue from the burning of wood, coal, coke and other
combustible materials for the purposes of heating and cooking.
The storage, collection, disposal or handling of refuse.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimum amount of free liquids.
A natural person, firm, copartnership, association or corporation.
All solid wastes, except body wastes, and shall include garbage,
ashes and rubbish.
All waste materials not included in garbage and ashes, and
shall include but not be limited to glass, metal, paper, plant growth,
wood or nonputrescible solid wastes.
A.Â
Preparation of refuse.
(1)Â
All garbage, before being placed in garbage cans for collection,
shall have drained from it all free liquids and shall be wrapped in
paper bags or similar material.
(2)Â
All rubbish shall be drained of liquid before being deposited for
collection.
(3)Â
All cans and bottles which have contained food shall be thoroughly
drained before being deposited for collection.
(4)Â
Tree trimmings, hedge clippings and similar material shall be cut
to lengths not to exceed four feet and securely tied in bundles not
more than two feet thick before being deposited for collection.
(5)Â
All other refuse shall be placed in approved containers or cut and
bailed, tied, bundled, stacked or packaged so as not to exceed 36
inches in length and 50 pounds in weight.
B.Â
Refuse containers.
(1)Â
Refuse containers shall be made of durable, watertight, rust-resistant
material, having a close-fitting lid and handles to facilitate collection.
(2)Â
Refuse containers for residences shall be of not less than five gallons
nor more than 32 gallons in capacity.
(3)Â
Refuse containers for commercial establishments shall not exceed
40 gallons in capacity.
(4)Â
The accumulation or residue of liquids, solids or a combination of
such materials on the bottoms or sides of containers is prohibited,
and all refuse containers shall be kept as sanitary as possible in
view of the use to which they are put.
C.Â
Storing of refuse.
(1)Â
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 otherwise provided in Subsection A(4) of this section.
(2)Â
No person shall place any refuse in any street, alley or other public
place or upon any private property, whether owned by such person or
not within the Borough, except in proper receptacles for collection
or under an express approval granted by the Mayor. No persons shall
throw or deposit any refuse in any stream or other body of water.
(3)Â
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited. Failure to remove any
existing accumulation of refuse within 30 days after the effective
date of this article shall be deemed a violation of this article.
(4)Â
It shall be unlawful for any person, other than the occupants of
the premises on which refuse receptacles are stored, or the collector,
to remove the covers or any of the contents of refuse receptacles.
D.Â
Points of collection. Refuse receptacles shall be placed for collection
at ground level on the property, not within the right-of-way of a
street or alley, and accessible to and not more than 40 feet from
the side of the street or alley from which collection is made, provided
that receptacles may be placed for collection at other than ground
level and at a distance of more than 40 feet when approved by the
Mayor.
A.Â
Refuse shall be collected at least once each week.
B.Â
Hotels, restaurants, commercial establishments and such other businesses
and institutions as deem it necessary may enter into an agreement
for a greater frequency of collection. Where necessary to protect
the public health, the Mayor may require that more frequent collections
be made.
[Amended 1-12-1989 by Ord. No. 438]
A.Â
Contagious disease refuse. The removal of wearing apparel, bedding
or other refuse from homes or other places where highly infectious
or contagious diseases have prevailed shall be performed under the
supervision and direction of a state health officer. Such refuse shall
not be placed in containers for regular collections.
B.Â
Flammable or explosive refuse. Highly flammable or explosive materials
shall not be placed in containers for regular collection but shall
be disposed of as directed by the Mayor at the recommendation of the
Fire Chief, at the expense of the owner or possessor thereof.
[Amended 6-3-1976 by Ord. No. 360; 3-10-1983 by Ord. No. 391; 1-12-1989 by Ord. No. 438; 8-10-2000 by Ord. No. 509]
A.Â
Open burning. No person shall kindle or maintain any bonfire, rubbish
fire, brush fire or any other type of outdoor fire or authorize any
such fire to be kindled or maintained within the Borough of Ligonier.
B.Â
Grills and outside fireplaces. The use of outside barbecues, grills
and fireplaces of wood and charcoal is specifically authorized and
is not prohibited by this article, notwithstanding any other provisions
to the contrary herein.
Notwithstanding any other provision of this article to the contrary,
disposal units discharging into the sewer system or gas incinerators
installed in a building and vented through the chimney of a type approved
by underwriters may be used for the disposal of garbage or combustible
rubbish, provided that the operation thereof does not create smoke
or fumes which are a public nuisance or dangerous to the health and
safety of the residents of the Borough.
All refuse originating within the Borough of Ligonier shall
be disposed of only by removal beyond the limits of the Borough. In
no case may garbage be brought into the Borough for the purpose of
disposal therein, nor may garbage be disposed of within the limits
of the Borough by burning, except as set forth hereinbefore. Pending
disposal as hereby authorized, garbage may be stored in covered containers
only and for such limited period of time and in such limited quantities
as shall ensure that no annoyance, nuisance or health hazard shall
be created or maintained thereby. Except for such temporary storage
as is hereby specifically authorized, no person shall keep, have,
maintain, store upon or allow to exist in any manner whatsoever any
garbage upon any lot or piece of ground within the limits of the Borough.
A.Â
No persons shall remove, haul or convey any refuse through or upon
any of the streets or alleys of the Borough of Ligonier and dispose
of the same in any manner or place without a license from the Mayor
of said Borough.
B.Â
Before making application for a license from the Mayor, any collector
of refuse must have secured permits in writing from the Commonwealth
of Pennsylvania and the political jurisdiction in which such refuse
will be disposed of and must exhibit such permits or licenses to the
Mayor.
C.Â
The fee for such license shall be $250 per annum, with future fees
to be set by resolution of the 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.
[Amended 12-13-1984 by Ord. No. 404; 1-12-1989 by Ord. No. 438]
D.Â
Every person who shall apply for a license under this section shall,
in applying therefor, state in writing the type or types of refuse
to be collected and the manner and place of disposal of all refuse
to be collected under such license. No such license shall be granted
by the Mayor if the manner and place of disposal of such refuse shall
not conform in every respect to the requirements of the Solid Waste
Management Act, 35 P.S. § 6018.101 et seq., of the Commonwealth
of Pennsylvania or of any existing resolution or ordinance of the
political subdivision wherein the collector will dispose of the refuse.
[Amended 1-12-1989 by Ord. No. 438]
E.Â
No licensed collector shall make any change in the arrangements for
disposal of refuse collected by him without securing the approval
of the Mayor.
F.Â
Applicants for collection licenses shall submit to the Borough Secretary
evidence of insurance in the amounts of $1,000,000 per occurrence
and $2,000,000 in the aggregate, which insurance policy shall be endorsed
to indemnify and save harmless the Borough of Ligonier from any and
all claims for personal injury or property damage arising out of the
issuance of said license.
[Added 1-12-1989 by Ord. No. 438]
A.Â
No licensed collector shall permit any outfallings from the conveyance
of refuse to lie upon any of the streets or alleys in the Borough.
B.Â
All vehicles used for the collection of garbage shall be equipped
with compacting devices or equivalent type of closed bodies and shall
have enclosed cargo space, and it shall be unlawful to collect, haul,
transport or convey garbage in open, unenclosed vehicles.
A.Â
Any person who shall violate or fail to comply with any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs of prosecution or, in default
of payment of such fine and costs, to imprisonment of not more than
30 days.
[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]
B.Â
Each day's continuance of a violation of this article shall
constitute a separate offense.
[Adopted 2-15-2002 by Ord. No. 519]
It is the purpose of this article to establish a program whereby
leaves are collected by the Borough of Ligonier for composting or
other recycling so as to avoid burdening landfills and to avoid the
nuisance and annoyance to neighbors and the risk to public safety
from burning.
As used in this article, the following terms shall have the
meanings indicated:
Refers to all leaves falling from outdoor trees onto a property
and which are raked or collected in some manner by the property owner
or his tenant, agent or contractor.
Refers to small twigs and branches which are no more than
six inches long or no more than 1/2 inch in diameter.
A.Â
All residents of the municipality shall, as required, place all leaves,
and/or yard waste at the boundary of their property and the public
right-of-way for collection by the municipality.
B.Â
Leaves shall be placed at the edge of the public right-of-way in
a clean and loose condition and shall be free of any other household
garbage or other trash or refuse. Leaves shall not be placed in bags.
C.Â
It shall not be a violation of this article for a person to compost
leaves on his or her own lot.
It shall be a violation of this article for any owner of property,
tenant or other person to burn leaves or yard waste or dispose of
leaves or yard waste with household garbage.[1]
The Council of the Borough of Ligonier shall declare collection
dates for leaves and suitable yard waste when climate or other conditions
render it appropriate. To establish a collection date an advertisement
of collection schedule shall be placed in the Ligonier Echo at least
one week in advance of collection and the collection schedule shall
be posted at public places throughout the municipality.
Any person who violates any provision of this ordinance shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, together with costs of prosecution, and in default of payment
of fine and costs, to imprisonment for a term not to exceed 30 days.
