[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.
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.
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]
A.
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.
B.
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.
C.
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.
D.
No person shall pile loose ashes, rubbish, garbage and solid waste
upon containers to overflowing.
E.
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.[1]
[1]
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]
A.
Any person who removes, damages or destroys any receptacle referred to in this article shall be subject to the penalties provided in § 353-15.
B.
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[1]]
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[1] (Part 5, Ch. 7, Art. B, of the 1994 Code of Ordinances)]
[1]
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:
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Those properties used primarily for commercial or industrial
purposes and those multifamily dwellings for which the Borough does
not provide municipal waste collection service.
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics, and organized
sporting events that will be attended by 200 or more individuals per
day.
[Added 4-21-2020 by Ord. No. 674
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.
All empty bottles and jars made of clear, green or brown
glass, except noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Those facilities that house or serve groups of people, such
as hospitals, schools and nursing homes.
Leaves fallen from trees, bushes or the like.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals, excluding all other paper products
of any nature whatsoever.
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.
Empty plastic food and beverage containers as defined by
the recycling regulations.
Those materials specified by Paxtang Borough to be recycled.
Any occupied single-family or multifamily dwelling for which
the Borough provides municipal waste collection service.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by municipal or private hauler.
[Amended 4-21-2020 by Ord. No. 674]
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; such
program shall apply to community activities.
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[1]]
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.
