[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-1990 by Ord. No. 42A]
A.
GARBAGE
PERSON
REFUSE
As used in this article, the following terms shall have the meanings
indicated:
The animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
Any natural person, association, partnership, firm or corporation.
All waste materials not included in the definition of garbage,
except for such materials as shall be designated, from time to time,
by the Borough or the County of Lebanon for separate collection for
recycling.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
Preparation of refuse.
(1)
All garbage before being placed in garbage cans for collection shall
be drained free from all liquids and may, if desired, be wrapped in
paper.
(2)
All refuse shall be drained of any liquid before being deposited
for collection.
(3)
All cans and bottles which have contained food shall be thoroughly
rinsed and drained before being deposited for collection.
(4)
Tree trimmings, hedge clippings, old newspapers and similar materials
shall be tied into bundles before being deposited for collection.
B.
Garbage and refuse containers.
(1)
Garbage and refuse receptacles shall be kept as sanitary as possible
and shall be thoroughly cleansed by the owner, at least periodically,
after collection.
(2)
It shall not be necessary to separate garbage and refuse by placing
or storing the same in separate containers, but any container in which
garbage is placed or stored shall be made of metal or plastic, be
watertight and be provided with a watertight cover.
(3)
No person shall use a garbage or refuse receptacle having a capacity
of more than 30 gallons.
(4)
All garbage and refuse receptacles shall be provided by the owner,
tenant or occupant of the premises.
(5)
All garbage and refuse receptacles shall be maintained in good condition.
Any receptacle that does not conform to the provisions of this article
or that may have ragged or sharp edges shall be promptly replaced
upon notice to do so. Where the condition of a receptacle is the result
of carelessness on the part of the collector, it shall be the collector's
responsibility to replace such a receptacle. Failure to comply with
such a request will constitute a violation of this article.
C.
Storing of garbage and refuse.
(1)
No person shall place any garbage or refuse in any street, alley
or other public place, or upon any private property either owned by
such person or not, within the Borough limits except if same is placed
in a proper receptacle for collection or under an expressed approval
granted by the Borough. Likewise, no person shall throw or deposit
any garbage or refuse in any stream or any body of water.
(2)
Any unauthorized accumulation of garbage and refuse on any premises
is hereby declared to be a nuisance and is prohibited. Failure to
remove any existing accumulation of garbage and refuse within 30 days
after the effective date of this article shall be deemed a violation
of same.
A.
Place of collection.
(1)
Garbage and refuse receptacles, for collection purposes, shall be
placed at ground level on the property not within the right-of-way
of a street or alley and easily accessible from the side of the street
or alley from which collection is made, except where an agreement
exists with the collector to collect from a basement or porch.
B.
Frequency of collection.
(1)
Garbage shall be collected at least once a week.
(2)
More frequent collections may be required by the Borough for hotels,
restaurants and other such business or institutions where determined
to be necessary to protect the public health.
(3)
Hotels, restaurants and other such business or institutions, where
necessary to protect the public health, may be required by the Borough
to have frequent collections made.
C.
Collection vehicles. All collection vehicles shall be watertight,
or of substantial construction, and provided with covers, which shall
be attached to a permanent part of said vehicle, which shall be tightly
and securely closed at all times, except at such time as garbage and
refuse is being placed therein. Such vehicles shall not be filled
so as to permit any overspill on streets or highways, and shall be
thoroughly cleansed at such time as the need arises to prevent any
nuisance from odors. Also, such vehicles shall be properly maintained
and painted when such a need is apparent.
A.
No person shall hereafter dispose of any garbage or refuse from any
premises in the Borough except by conveyance of the same to a sanitary
landfill operated by the Greater Lebanon Refuse Authority.
B.
After the effective date of this article, any open dumpings within
the Borough than otherwise provided for herein shall constitute a
violation of this article and shall be punishable as herein prescribed.
Any person who shall violate or fail to comply with any of the
provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough before
a Magisterial District Judge, pay a fine of not more than $600 and
costs of prosecution. No judgment shall be imposed until the date
of the determination of the violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day’s continuance of a violation of
this article shall constitute a separate offense. Further, the appropriate
officers or agents of the Borough are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
[Adopted 11-11-1991 by Ord. No. 141]
A.
Act 101 of 1988, an Act of the Commonwealth of Pennsylvania, entitled
the "Municipal Waste Planning, Recycling and Waste Reduction Act,[1]" encourages municipalities which do not meet the size
requirements for mandatory recycling to enter into recycling and solid
waste management on a voluntary basis.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
It is the desire of the Mount Gretna Borough Council to establish,
in conjunction with neighboring municipalities, a substantial solid
waste recycling and solid waste management and reduction program within
the Borough to better utilize existing and future solid waste disposal
facilities and to work toward a more productive and environmentally
sound method of solid waste management.
The short title of this article shall be the "Mount Gretna Borough
Recycling Ordinance," and the same may be cited in that manner.
The following words, when used in this article, shall have the
following definitions:
Empty, all aluminum beverage and food containers.
Empty food or beverage containers consisting of a combination
of ferrous metals and aluminum, i.e., ferrous sides and aluminum top
and/or bottom.
Properties used primarily for commercial and/or industrial
purposes.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Facilities that house or serve groups of people, i.e., hospitals,
schools, nursing homes, etc.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
Paper of the type commonly referred to as newsprint. Expressly
excluded are newspapers that have been soiled.
Owners, lessees and occupants of residents, commercial or
institutional establishments.
Empty plastic food and beverage containers.
Materials specified from time to time in the rules and regulations
for recycling.
Any occupied single-family or multifamily dwelling.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by municipal or private haulers.
Pruning, grass clippings, weeds, leaves and garden wastes.
There is hereby established a program for the mandatory recycling
of certain specified solid waste by all persons within Mount Gretna
Borough, hereinafter referred to as the Borough. Said recyclable materials
shall be set forth in rules and regulations to be promulgated, and
amended, from time to time by resolution of the Borough.
It shall be a violation of this article for any person(s) unauthorized
by the Borough to collect or pick up or cause to be collected or picked
up any such recyclables. Each such collection in violation hereby
shall constitute a separate and distinct offense punishable as hereinafter
provided.
The Borough, with the advice of the Solid Waste Management Advisory
Committee, shall establish and promulgate reasonable regulations as
to the manner, days and times for the collection of recyclable materials
in accordance with the terms hereof, and any other matters required
to implement this article. The Borough may change, modify, repeal
or amend any portion of said rules and regulations at any time.
Mount Gretna Borough Council is hereby charged with the enforcement
of this article and the rules and regulations promulgated from time
to time.
The Borough may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from the Borough.
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Borough in its recycling regulations.
These materials must be delivered to the individual's or organization's
site.
It is prohibited and will be deemed a violation hereof for any
owner, lessee or occupant of any residential, commercial, or institutional
property in the Borough to put into or cause to be put into the solid
waste collection system of the Borough any leaves or grass or other
yard waste.
Recyclable materials removed from the Borough must be processed
in an approved processing facility and may not be discarded in the
Greater Lebanon Refuse Authority Landfill unless authorized by the
Greater Lebanon Refuse Authority in writing to Mount Gretna Borough.
Any person, firm, corporation or other entity who shall violate
or fail to comply with any of the provisions of this article or any
rules and regulations promulgated pursuant hereto shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Borough before a Magisterial District Judge, pay a fine of
not more than $600 and costs of prosecution. No judgment shall be
imposed until the date of the determination of the violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Borough may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Each day’s continuance
of a violation or failure to comply with any provision of this article
or any rules and regulations promulgated pursuant hereto shall constitute
a separate offense. Further, the appropriate officers or agents of
the Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
