[HISTORY: Adopted by the Borough Council of the Borough of Paxtang as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1972 by Ord. No. 427 (Part 5, Ch. 7, Art. A, of the 1994 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- The residue from the burning of wood, coal, coke and other combustible materials.
- DWELLING UNIT
- Any structure or part of a structure comprising a room or group of rooms forming one habitable unit with facilities used or intended to be used for living, sleeping and preparation of meals by human beings.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any natural person, firm, partnership, association, corporation, company or other entity of any kind.
- Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, including but not limited to paper, cardboard, tin cans, yard clippings, wood, glass, crockery and similar materials.
- SOLID WASTES
- An all inclusive term which includes all putrescible and nonputrescible material of any kind, including garbage, rubbish, ashes, street cleanings, dead small animals, and solid market and industrial wastes, but excluding human body wastes, automobiles, appliances, furniture, and building materials and building rubble unless of a type, nature and quantity which can be conveniently handled in accordance with the terms of this article.
The Borough will establish a weekly disposal and collection of solid waste normally accumulating at dwelling units within the confines of the Borough.
The Borough shall not be responsible for the removal of those items excluded from the definition of solid waste. It shall be the duty of the owner or occupant to provide for the immediate collection and disposal thereof. If the owner fails to remove such items within 48 hours of notice to remove by the Borough, said items shall be removed by the Borough and the cost thereof charged to the owner or occupant as hereinafter set forth.
[Amended 8-17-2004 by Ord. No. 590]
Solid waste containers shall be provided by the owner or occupier of the premises. Containers shall be maintained in good condition. Any container which does not conform to the provisions of this article or which 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. Containers shall be made of metal, heavy-duty plastic or other material equipped with suitable handles and tight-fitting covers, or heavy-duty plastic bags securely fastened and watertight, and of a size and weight which can be handled conveniently by one person.
All ashes, rubbish, garbage and solid waste shall be placed in metal or plastic containers of a size of not more than 32 gallons' capacity and which do not, when filled, weight in excess of 50 pounds. All containers shall, when placed at the front or rear curb in a public street, be covered with a cover or lid of the same type of material as the container. Any rubbish, garbage and solid waste that cannot be placed in containers shall be wrapped and/or handled in bundles of a size and weight to permit easy handling.
Containers shall be securely fastened and sufficiently tight to retain the ashes, rubbish, garbage and solid waste placed therein and shall at all times be kept in a good state of repair. A sufficient number of containers shall be provided so that the aggregate capacity shall be sufficient for normal needs between the intervals of collection by the Borough collector.
No person shall pile loose ashes, rubbish, garbage and solid waste upon containers to overflowing.
All tree limbs, brush, hedge and tree clippings and newspapers shall be secured tightly in bundles, easily handled, of a length of not more than three feet or placed in the proper containers.
The outside or ground storage of solid waste not in containers and the disposing, throwing or placing of such ashes and miscellaneous debris in any street, alley or other public place or upon any private property, whether owned by such person or otherwise, except in receptacles authorized by the rules and regulations herein provided for, are specifically prohibited.
[Amended 8-17-2004 by Ord. No. 590; 7-19-2016 by Ord. No. 654]
Ashes, rubbish, garbage and solid waste in containers as specified in this article shall be placed along the public street, back driveway or designated collection areas, inside the front or rear curbline, not before 4:00 p.m. on the day preceding the scheduled collection, and removed not later than 10:00 p.m. on the day of the scheduled collection.
[Amended 12-21-1993 by Ord. No. 540; 12-23-1998 by Ord. No. 561; 12-21-2010 by Ord. No. 625; 12-20-2011 by Ord. No. 629; 12-18-2012 by Ord. No. 635; 12-17-2013 by Ord. No. 641; 12-16-2014 by Ord. No. 645; 12-22-2015 by Ord. No. 652; 7-19-2016 by Ord. No. 654]
A solid waste disposal charge is levied on owners for fiscal year 1999 and each succeeding year at the annual rate per dwelling unit set by the Borough Council by resolution.
Editor’s Note: The current rate is on file in the Borough’s offices.
All billings for charges under this article shall be prepared in the name of the owner of the premises for which the collection and disposal charges are being made, and the charge is hereby imposed upon such owner. The deed registry in the office of the Borough shall be prima facie evidence of the owner of property in the Borough, and the burden of proving that such registry is in error shall be upon the person asserting the same. The charges provided herein shall be paid yearly in advance by the owner or occupant of the property involved.
Charges imposed under § 353-7 shall be a lien on properties served from the date the charge first becomes due and payable. In addition to all other rights of the Borough, if such charges are not paid, the Borough may file such liens and collect same in the manner provided by law for the filing and collection of municipal liens and claims and may proceed to collect such charges by an action in assumpsit in the name of the Borough against the owner of the property charged.
It shall be the duty of the owner and occupant of premises used for business, commercial or industrial purposes to provide for the collection from the said premises of solid waste and the disposal thereof as often as necessary to prevent an unreasonably accumulation thereof, but not less than one time each week. If the owner or occupant of such premises shall fail at any time to comply herewith, the Borough may remove or cause to be removed the solid waste from the said premises and charge the owner or occupant of the said premises the reasonable value of the said services and collect said charges according to law.
The owners of commercial premises may provide for the collection of solid waste from dwelling units situate in premises used for commercial or business purposes in accordance with § 353-10 and thereby be relieved of the charge imposed in § 353-7, provided that notice in writing thereof be given to the Borough Secretary.
[Amended 8-17-2004 by Ord. No. 590]
Any person who removes, damages or destroys any receptacle referred to in this article shall be subject to the penalties provided in § 353-15.
No person shall disturb, remove, upset or in any way interfere with any ashes, rubbish, garbage or solid waste left by owners and occupiers of properties in the Borough for collection by the Borough or by persons under contract with the Borough.
The Sanitation and Health Committee and/or Public Safety Committee are hereby authorized to make and promulgate any additional rules and regulations for the collection or disposal of ashes and miscellaneous debris, subject to the approval of Council, not in conflict with this article. When so adopted and approved, said rules and regulations shall have the same force and effect as if included in and adopted by this article, and violation thereof shall be subject to the same penalties as provided in this article.
Council shall cause to be printed rules and regulations as authorized by or contained in this article to sufficiently inform the occupiers of premises of their duties in reference to the collection and disposal of ashes and miscellaneous debris and shall cause a copy thereof to be delivered to each premises in the Borough used either for residential, commercial, business or industrial purposes.
[Amended 12-15-1992 by Ord. No. 535]
For violation of any provision of this article or of the rules and regulations contained in or authorized by this article, the violator may be penalized by the refusal of the Borough to collect or provide for collection of the solid waste from the premises on which the violation took place, and that violator shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.
[Adopted 10-15-1991 by Ord. No. 526 (Part 5, Ch. 7, Art. B, of the 1994 Code of Ordinances)]
Editor's Note: This ordinance provided that it become effective February 1, 1992.
The short title of this article shall be the "Paxtang Borough Recycling Ordinance."
Unless otherwise expressly stated, the following words shall, for the purpose of this article, have the meanings herein indicated:
- ALUMINUM CANS
- Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes and those multifamily dwellings for which the Borough does not provide municipal waste collection service.
- CURBSIDE RECYCLING COLLECTION
- The scheduled collection and transport of recyclable material placed at the curbline by residences subject to Article I, Collection and Disposal, of this chapter of the Code of the Borough of Paxtang.
- GLASS CONTAINERS
- All empty bottles and jars made of clear, green or brown glass, except noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, such as hospitals, schools and nursing homes.
- LEAF WASTE
- Leaves fallen from trees, bushes or the like.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals, excluding all other paper products of any nature whatsoever.
- MUNICIPAL ESTABLISHMENTS
- Public facilities operated by Paxtang Borough and other governmental and quasi-governmental authorities.
- Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and other matters of public interest, but not including glossy advertising inserts included with newspapers.
- Owners, lessees and occupants of residences, commercial or institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers as defined by the recycling regulations.
- RECYCLABLE MATERIALS
- Those materials specified by Paxtang Borough to be recycled.
- RESIDENTIAL DWELLINGS
- Any occupied single-family or multifamily dwelling for which the Borough provides municipal waste collection service.
- SOLID WASTE
- All refuse (garbage and rubbish) and other discarded solid material normally collected by municipal or private hauler.
There is hereby established a program for the mandatory separation of recyclable materials from solid waste by persons residing in residential dwellings for which Paxtang Borough, hereinafter referred to as "the Borough," provides municipal waste collection services.
Recyclable materials from residential dwellings and commercial establishments utilizing Borough-provided solid waste removal services shall be placed at the curb separate from solid waste for collection or taken to dropoff sites as provided by regulation. Such regulations shall establish a minimum one day per month scheduled for pickup of recyclables from residential dwellings. At the time of passage of this article, recyclable materials for residential dwellings are aluminum cans, bimetal containers, glass containers and newspaper.
All persons who reside in residential dwellings and all persons who are responsible for administration of multifamily dwellings, commercial, municipal and institutional establishments who gather leaves shall source separate all leaves and place them for collection at the times and in the manner theretofore or hereafter prescribed by the Borough. Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscape purposes.
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 recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as provided in § 353-24.
[Added 12-21-1993 by Ord. No. 540; amended 12-23-1998 by Ord. No. 561; 12-17-2002 by Ord. No. 579; 12-16-2003 by Ord. No. 585; 12-20-2005 by Ord. No. 599; 12-19-2006 by Ord. No. 604; 12-16-2008 by Ord. No. 617]
A solid waste disposal charge is levied on owners for fiscal year 2009 and each succeeding year at the annual rate per dwelling unit set by Borough Council by resolution.
The Borough Code Official or his/her designee is authorized and directed to enforce this article. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, materials, 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 Code Official or his/her designee may change, modify, repeal or amend any portion of said rules and regulations at any time.
Any action by any person, firm, corporation or other entity which violates §§ 353-19, 353-20 and 353-21, or any regulations thereof, shall be punishable by a fine not to exceed $25 upon a first conviction; not to exceed $50 upon a second conviction; and not to exceed $100 upon a third or subsequent conviction. The above fines shall not be applicable to a conviction for § 353-23 or for unlawful taking of containers designated for recycling usage, or taking the contents of same, which latter actions shall be punishable by a fine not to exceed $1,000 per property. No enforcement of § 353-19, 353-20 and 353-21 shall be made until three months from the effective date of this article.
The Borough may enter into an agreement (or agreements) with public or private agencies or firms to authorize them to collect all or part of the recyclable material from curbside.