[HISTORY: Adopted by the Borough Council of the Borough of Jacobus as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-1995 by Ord. No. 123 (Ch. 20, Part 1, of the 1984 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- COMMERCIAL ESTABLISHMENT
- A property or a portion of a property which is intended to be used for carrying on a trade, business or profession or for social, religious, educational, charitable or other public uses.
- CONTRACTING COLLECTOR
- The individual, firm, partnership, corporation, association,
cooperative enterprise, or other entity designated or contracted with,
by the Borough, to collect and dispose of all municipal waste and
recyclable material generated within the Borough of Jacobus.[Added 12-7-2016 by Ord. No. 2016-1]
- 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. It shall not include food processing wastes from canneries, packing plants or similar industries, nor large quantities of condemned food products.
- INDUSTRIAL ESTABLISHMENT
- A property or a portion of a property which is intended to be used, in whole or in part, for the manufacture, conversion or assembly of any product, commodity or article.
- Garbage and rubbish as defined herein.
- Any assembly or construction of materials designed to be used, or in fact used, for continuous or periodic habitation by human beings in a single-family unit.
- All waste materials not included in "garbage" and excepting:
- A. That resulting from building construction, repair or demolition.
- B. That resulting from manufacturing industrial processes, including, by way of example and not limitation, those carried on in factories, processing or packing plants, canneries, refineries, slaughterhouses and steel mills.
- C. Dead animals.
- D. Machinery or motor vehicles, or parts of either.
- E. Hazardous materials, including infectious or pathogenic hospital-type wastes, radioactive wastes and explosive or volatile materials.
- F. That normally included within the term "sanitary sewage."
- G. Those waste materials not commonly produced in homes, restaurants, offices and stores.
- UNIT OF REFUSE
- A unit of refuse having a maximum gross weight, including
the container, of not more than 50 pounds, the largest and second
largest dimensions of which shall not exceed 36 inches and 30 inches,
respectively, or containers with a diameter of 28 inches by 30 inches
in height. For purposes of this article, one passenger vehicle tire
removed from its rim shall be considered one unit of refuse.[Amended 12-7-2011 by Ord. No. 2011-7; 11-5-2014 by Ord. No. 2014-5]
Only refuse originating on a tract of real estate will be collected from the tract.
[Added 12-7-2016 by Ord. No. 2016-1]
Except as set forth below, each person owning or occupying property within the Borough, which property is used for residential, commercial, or industrial purposes, shall dispose of all municipal waste and recyclable material generated on or at the property by having the same collected, transported and disposed of by the Borough of Jacobus, a contracting collector, or, in the case of commercial or industrial properties, an independently contracted collector, as set forth in this chapter.
[Amended 6-6-2012 by Ord. No. 2012-2]
Properties having refuse in excess of that permitted by § 194-2 may privately contract with the authorized Borough collector, or any other collector complying with the Borough's refuse specifications and other requirements applicable thereto, at a single, centralized location upon the premises. Such location shall be screened from view by fencing or vegetation determined to be adequate by Borough Council, shall be constructed to minimize garbage or refuse from being blown around by the wind, and shall be constructed so as not to permit animals or vermin to access containers placed therein. The centralized location shall be accessible by each of the owners or tenants of each dwelling unit at all times.
Except as otherwise set forth, refuse shall be placed inside containers made of rust- and corrosion-resistant materials or disposal bags which are capable of withstanding the stresses which might reasonably be expected to be placed upon them by the weight of the contents, handling, the elements, vermin or animals and of being closed securely and which, when so closed, will prevent leakage and scattering by wind and elements and will not attract insects or vermin or other animals, and such containers or bags shall be kept securely closed.
Large units which require no enclosure as described to prevent leakage and scattering and do not attract insects, vermin and other animals need not be so placed in containers.
[Amended 12-7-2011 by Ord. No. 2011-7; 6-6-2012 by Ord. No. 2012-2]
Containers shall be set behind the curbline of the street by 6:00 a.m. of the day of collection but no earlier than 12:00 noon of the day prior to the day of collection.
Multifamily rental housing properties shall establish a single location on the premises where containers shall be placed for collection by the Borough collector. The location shall be acceptable to the Borough collector. Each container shall be clearly marked with the address of the owner or occupant of each rental unit placing the container. Containers shall be placed in the single location by 6:00 a.m. of the day of collection but no earlier than 12:00 noon of the day prior to the day of collection. For purposes of this subsection, the term "multifamily rental housing property" shall be defined to mean any single parcel of land upon which is constructed a group of three or more rental units.
Empty containers shall be removed from the curb on the day of collection, after collection.
Collection shall be made at least once each week at those times as Council may, from time to time, by resolution, decide and give public notice.
No person shall place waste upon a street or other public place or upon private property, whether owned by a person or not, within the Borough, except in required containers awaiting collection by the Borough or, in case of quantities or items of refuse larger than that for which the Borough provides collection or wastes for which the Borough does not provide collection, in containers awaiting collection in a fashion previously approved by Council.
No person shall place garbage, rubbish or other waste on a tract of real estate for collection other than what has originated on the tract of real estate.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any owner of real property who does not comply with the provisions of this article shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this article.
[Added 12-7-2016 by Ord. No. 2016-1]
The Borough of Jacobus reserves the right to enter into a collection contract with a contracting collector for collection of all or part of the municipal waste and recyclable material generated within the Borough of Jacobus.
The contracting collector is hereby authorized to charge a fee and shall be required to perform billing for the fee charged for garbage and recycling collection, transportation and disposal services. Billing of the fee charged, levied and assessed shall be in accordance with rates set forth in the contract between the contracting collector and the Borough of Jacobus. All fees and charges which remain unpaid after the invoice due date shall be deemed delinquent. The billing of fees and charges shall be sent directly to the property owner or occupant and the property owner or occupant will be responsible for payment of the fee and charges. The quarterly fee and charges shall be charged for each residential unit.
This fee will be billed in advance of the quarterly by the contracting collector and will be due and payable 30 days prior to the start of the quarter that the service will be rendered. If any fees or charges imposed by this ordinance are not paid by the due date, there will be a penalty added of $10 to the outstanding invoice.
If the owner or occupant of a residential unit shall fail to pay any charges or fees after the invoice becomes delinquent, the Borough Solicitor, Borough Manager, or contracting collector is authorized to file a civil lawsuit for the collection of charges, penalties, interest and costs of collection, including reasonable attorney's fees. Upon the filing of a civil lawsuit, a penalty of $50 shall be added to all delinquent accounts.
If the Borough enters into a collection contract with a contracting collector, the Borough may elect to contract solely for residential collection, in which case commercial and industrial units shall independently contract for the collection of refuse.
[Adopted 12-6-1995 by Ord. No. 123 (Ch. 20, Part 2, of the 1984 Code of Ordinances)]
For the purpose of this article, the following terms and phrases or words shall have the meanings ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise:
- COLLECTION POINT
- The location where municipal waste, including recyclable materials, is placed for collection.
- A. If the property fronts on a public street, it shall be the front curbline or, if none, at the front property line.
- B. Where there is no street upon which the property fronts, collection shall be made at the property line at the public alley upon which it fronts.
- C. Where it fronts on both an alley and a street, collection shall be made at either, as the Borough Council may, from time to time, in its sole discretion, decide.
- D. If the property has no frontage on a public street or alley, collection shall be made at a collection point approved by the Borough Council, contractor and the owner of the collection point.
- Any individual, partnership, firm, corporation, association, institution, cooperative, enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. It shall also mean owner, lessee or occupant of a residential dwelling, commercial establishment or institutional establishment. In any provision of this article prescribing a fine, imprisonment or penalty, or any combination thereof, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- RECYCLING BIN
- The plastic container available from Jacobus Borough, or
its collector, for the express purpose of storing recyclable materials
for collection by the Borough's collector.[Amended 12-7-2011 by Ord. No. 2011-7]
[Amended 12-7-2011 by Ord. No. 2011-7]
There is hereby established in Jacobus Borough a mandatory collection program for recyclable materials.
[Amended 12-7-2011 by Ord. No. 2011-7]
All persons shall separate the following recyclable materials from other municipal waste generated at their residential, commercial and/or industrial properties:
Clear, brown and green glass food and beverage containers.
Aluminum, including cans, exclusive of aluminum foil.
Steel food and beverage cans and aerosol cans.
No. 1 through No. 7 plastic containers and bottles with necks smaller than their bases.
Paper, paperboard and cardboard, including the following:
All sizes of cardboard boxes;
Food boxes, such as pizza, cereal and Jello boxes;
Empty paper towel and toilet paper rolls;
Office paper (any color);
Shredded paper in clear plastic bags;
Newspapers and inserts;
Magazines, catalogs and brochures;
Envelopes and junk mail;
Paper bags; and
Phone books and other soft cover books.
Any other recyclable material accepted by the Borough collector.
Recyclable materials shall be prepared for collection by the persons responsible for separation pursuant to Subsection A above, as follows:
Caps and lids shall be removed from containers.
Recyclable containers shall be rinsed thoroughly.
All packaging (Styrofoam, peanuts, plastic, bubble wrap, plastic liners, etc.) shall be removed from cardboard and paperboard.
All cardboard boxes/cardboard shall be flattened.
All cardboard that does not fit into the recycling bin shall be bundled.
Loose paper may be placed in the recycling bin. Loose paper should be covered with heavier recyclable materials to prevent loose paper from blowing away.
All recyclable materials shall be placed in recycling bins when possible.
No municipal waste shall be placed in recycling bins.
Placement at the collection point shall not be earlier than 12:00 noon, prevailing time, the day prior to a scheduled collection day or later than 6:00 a.m., prevailing time, on the scheduled collection day.
[Amended 12-7-2011 by Ord. No. 2011-7; 6-6-2012 by Ord. No. 2012-2]
In lieu of each residential unit within a multifamily rental housing unit placing a separate recycling bin out for collection, the owner, landlord or agent of the same shall establish a single, centralized location for recyclable materials at each such property. The centralized location shall include suitable containers for collecting and holding a mixed stream of recyclable materials and shall be easily accessible to the residents of the rental units. The centralized location shall be screened from view by fencing or vegetation determined to be acceptable to the Borough Council, shall be constructed to minimize recyclable materials from being blown around by the wind, and shall be constructed so as to not permit animals or vermin to access the containers. Each owner, landlord or agent of the same shall notify each tenant, in writing, of instructions for use and the availability of the centralized collection location. Owners, landlords and agents who comply with this section shall not be liable for noncompliance by the tenants of the rental units. For purposes of this section, "multifamily rental housing property" shall be defined to mean any single parcel of land upon which is constructed a group of three or more rental units.
Municipal waste, including recyclable materials, shall be collected with such frequency and on such schedule as Borough Council shall publicly announce from time to time.
Jacobus Borough may enter into a collection contract with a collector for collection of all or part of recyclable materials from the Borough.
No person other than the Borough or its contracted collector shall collect or pick up or cause to be collected or picked up any recyclable material that has been placed at the collection point. Each such collection or pickup in violation thereof shall constitute a separate and distinct offense punishable as hereinafter provided.
It shall be unlawful for:
Any person to place or to cause to be placed any material, other than those designated herein, in a recycling bin.
Any person to hinder, to obstruct, to prevent or to interfere with the Borough or its contracted collector in the performance of any duty under this article or in the enforcement of this article.
Any person to cause or to allow their pets to cause recyclable materials to be scattered or spilled from recycling bins or bundles that have been placed for collection.
Theft of Borough recycling bins.
Willful damage to and/or unauthorized use of recycling bins.
All unlawful conduct set forth in this section shall constitute a public nuisance.
The Borough or, at the direction of the Borough, the designated collector collecting solid waste generated within the Borough may refuse to collect solid waste from any person who has clearly failed to separate recyclables designated under an applicable section of this article.
Notwithstanding anything herein to the contrary, any person who is required to separate at the source any recyclable material may donate or sell any recyclable materials to any other person; provided, however, that such materials shall not be placed at the collection point and that the person receiving such material does recycle it and does not, under any circumstances, collect the donated or sold recyclable material from the collection point. The contents of recycling bins and bundles of newsprint which have been timely placed at the collection point are deemed to be containing recyclable materials intended for the Borough-contracted collector.
Nothing contained in this article shall be construed to interfere with or in any way modify the provision of any existing contract which is consistent with the laws of the Commonwealth of Pennsylvania and in force in the Borough on the effective date of this article.
The person responsible for separation pursuant to § 194-15 shall replace any lost or damaged recycling bins.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any owner of real property who does not comply with the provisions of this article shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this chapter.