Borough of Duncannon, PA Chapter 175 SOLID WASTE

[HISTORY: Adopted by the Borough Council of the Borough of Duncannon as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Pet waste — See Ch. 84.

Open burning — See Ch. 94.

Grass, weeds and other vegetation — See Ch. 130.

Article I Collection of Garbage, Rubbish and Refuse

[Adopted 10-12-1959 by Ord. No. 90 (Ch. XI of the 1970 Code)]

§ 175-1 Title.

This article shall be known and may be cited as the "Municipal Refuse Collection Service Ordinance of Duncannon Borough."

§ 175-2 Definitions; word usage.

For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

ASHES

The residue from the burning of wood, coal, coke, or other combustible materials.

BOROUGH

Duncannon Borough.

COMMERCIAL

The use of premises other than as a dwelling.

DUMPSTER

A large metal trash bin, often emptied by a special truck.

[Added 8-19-1997 by Ord. No. 309]

DUMPSTER OVERFLOW

Trash bags, brush, boxes and other garbage stacked on top of or surrounding the dumpster, exceeding its capacity.

[Added 8-19-1997 by Ord. No. 309]

DWELLING

A building used for residential purposes, except hotels, boardinghouses and lodging houses, tourist cabins, motels, and trailers.

DWELLING UNIT

One or more rooms in a dwelling and having a kitchen with fixed cooking facilities arranged for occupancy by one family.

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

REFUSE

All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

RUBBISH

Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

§ 175-3 Collection by Borough.

A. Except as otherwise herein provided, all refuse produced in the Borough shall be collected, transported and disposed of by the Borough and not by any other person.

B. This article shall not prohibit persons engaged in the business of selling and dealing in rubbish, commonly known as "junk dealers," from collecting materials included within the definition of "rubbish" as herein defined.

§ 175-4 Authority of Borough Council.

The Borough Council shall have charge of the collection, transportation and disposal of all refuse within the Borough. In addition to any other powers herein conferred upon it, it shall have authority to make rules and regulations governing the days of collection, type and location of refuse containers, and such other matters pertaining to the collection, transportation and disposal of refuse as it deems necessary, provided that such rules and regulations are not contrary to law or to the provisions of this article.

§ 175-5 Container requirements; preparation for collection.

[Amended 7-5-1966 by Ord. No. 122]

A. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Borough Council shall have the authority to refuse collection services for failure to comply herewith.

B. Garbage and rubbish. Garbage and rubbish containers shall be equipped with suitable handles and tight-fitting covers and shall be watertight and shall have a capacity of not more than 33 gallons. Garbage and rubbish containers shall be of a type approved by the Borough Council and shall be kept in a clean, neat and sanitary condition at all times.

[Amended 8-19-1997 by Ord. No. 309]

C. Ashes. Ash containers shall be made of metal and have a capacity of not more than 12 gallons.

D. All garbage (as defined in § 175-2, in the definition of "garbage") shall be securely wrapped either in newspaper, paper bag or plastic bag before being placed in containers for pickup by the Borough.

§ 175-6 Collection practices.

A. Frequency of collection.

(1) Residential.

(a) Refuse produced in dwellings shall be collected at least once each week.

(b) Trash shall not be put out for pickup more than 24 hours prior to the normal pickup day. All violations hereof will be subject to the provisions of § 175-10, Violations and penalties, of this article.

[Added 8-19-1997 by Ord. No. 309]

(2) Commercial. Refuse produced in commercial establishments shall be collected at least once each week. Upon application of the operator of a commercial establishment or if necessary to protect the public health, refuse produced in commercial establishments may be collected more frequently and a service charge imposed for such additional collections as fixed by the Borough Council.

B. Limitation on quantity.

(1) Residential. Each dwelling unit shall be limited to four thirty-three-gallon-capacity containers per week. If the amount of refuse to collect shall exceed four thirty-three-gallon containers, the Borough may make an additional service charge for such amounts, which charge shall be commensurate with the charges as hereinafter set forth. Exceeding the four-bag limit will be subject to a surcharge as established by resolution of the Borough Council. This rate shall apply also to dumpster overflow and will be charged in an amount as established by resolution of the Borough Council.

[Amended 8-19-1997 by Ord. No. 309; 7-16-2002 by Ord. No. 345

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

]

(2) Commercial. The Borough shall make charge upon commercial establishments at a fair rate based upon the schedule hereinafter set forth. The Borough may refuse to collect unreasonable amounts of refuse.

C. Special refuse problems.

(1) Contagious disease refuse. Removal of wearing, bedding, or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the Mayor of the Borough. Such refuse shall not be placed in containers for regular collections.

(2) Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Mayor at the expense of the owner or possessor thereof.

(3) Disposal by individuals. The Borough may, if in its discretion it is necessary and not inconsistent with the intent of this article, issue a special permit authorizing the actual producer of refuse or the owner of the premises upon which it is accumulated to collect, transport and dispose of such refuse.

(4) Ownership of refuse collected by the Borough or deposited on the sanitary landfill shall be vested in the Borough.

(5) Dumpsters. Dumpsters to be used for demolition or construction purposes shall be of the two-cubic-yard variety only. Residential or commercial customers needing a dumpster for demolition or construction purposes will be billed a fee for dumpster dropoff and pickup in an amount as established by resolution of the Borough Council. Further billing fees will be based on dumpster fees set forth in § 175-7.

[Added 8-19-1997 by Ord. No. 309

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

]

(6) Special pickup items. Special pickup items include discarded furniture, appliances and automotive materials, with the pickup thereof to be arranged through the Borough office. Billing fees will be based on special pickup item accounts set forth in § 175-7.

[Added 5-19-1998 by Ord. No. 318]

§ 175-7 Fees.

[Amended 1-27-1964 by Ord. No. 109; 11-12-1968 by Ord. No. 130; 2-14-1972 by Ord. No. 172; 12-11-1973 by Ord. No. 177; 3-21-1978 by Ord. No. 203; 2-19-1980 by Ord. No. 214; 3-20-1984 by Ord. No. 231; 1-21-1986 by Ord. No. 241; 12-28-1987 by Ord. No. 249; 2-21-1989 by Ord. No. 255; 4-17-1990 by Ord. No. 262; 8-19-1997 by Ord. No. 309; 12-16-1997 by Ord. No. 311; 5-19-1998 by Ord. No. 318; 11-21-2000 by Ord. No. 336; 7-16-2002 by Ord. No. 344; 5-17-2005 by Ord. No. 359

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

]

A. The Council of the Borough of Duncannon sets fees for refuse disposal and collection by adoption of a resolution setting forth a fees schedule, which resolution is attached hereto and marked as "Attachment A."

Editor's Note: Attachment A is on file in the Borough offices.

Said resolution shall be adopted concurrent with the enactment of this section.

B. Following the enactment of this section, the Borough Council may amend the fees schedule, as reasonable and necessary, by resolution.

C. At all times, a then-current copy of the fees schedule shall be posted at the municipal offices of the Borough of Duncannon, and a printed copy shall be made available upon request.

D. Nothing in this section shall foreclose the Borough Council from enacting future ordinances that include specific provisions for fees.

§ 175-8 Unlawful storage and handling of refuse.

A. No person shall deposit refuse or cause refuse to be deposited in any street, alley or other public place, or in any stream or other body of water, or upon private property, whether owned by such person or not, within the Borough, except in proper receptacles for collection.

B. No person shall molest, collect, transport through the streets or interfere with receptacles containing refuse, designated for collection by the Borough Council, or those persons to whom the Borough Council has granted specific permits therefor.

§ 175-9 Refuse collection vehicles.

Any vehicle transporting or carrying trash, rubbish, ashes or garbage over the streets, alleys and thoroughfares of the Borough of Duncannon shall be provided with a cover and so operated as to prevent dirt, debris or refuse from being scattered, spilled, dropped or blown therefrom. It shall be unlawful to scatter, spill, dump or drop, or permit to be scattered, spilled, dumped or dropped, any dirt, debris or trash, rubbish, ashes or garbage from any vehicle upon the streets, alleys and thoroughfares of the Borough of Duncannon.

§ 175-10 Violations and penalties.

[Amended 3-17-1992 by Ord. No. 277

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

]

Any person, firm or corporation who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $25 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.