Borough of Jacobus, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Jacobus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 170.
Sewers and sewage disposal — See Ch. 180.
Streets and sidewalks — See Ch. 205.
[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:
COLLECTION POINT
Containers will be placed, as directed, either immediately adjacent to a unit's front curb, or, if none, at the front property line; where there is no street upon which the property fronts, collection shall be made at the property line at the alley upon which it fronts; but, where it fronts on both an alley and street, collection shall be made at such place as the Borough Council may from time to time in its sole discretion decide; or if the property has no frontage on a street or alley, collection shall be made at a collection point approved by the Borough Council, contractor, and owner of the collection point.
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.
CONTAINER
A receptacle which is constructed of plastic, metal, or fiberglass having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors, or a polyethylene bag which is specifically designed for storage and collection. A container must be protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents, and have a holding strength capable of withstanding normal stresses until it is collected. Containers, when filled, shall not weigh more than approximately 50 pounds. If the residential unit utilizes a receptacle on wheels and in the style of a toter, the toter may hold a maximum of three containers, but the toter itself shall not be counted as a container. One passenger vehicle tire removed from its rim shall be considered one container.
[Added 10-2-2019 by Ord. No. 2019-2]
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]
GARBAGE
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.
LARGE ITEM
A bulky or large item such as a discarded household item or appliance, furniture, lawn mower, or other item too large for normal weekly collection of refuse placed in containers, which shall be collected once per week, in addition to the allotted maximum number of containers. "Large item" specifically does not include construction materials, tires on rims, tree stumps, automobile and truck parts or batteries, and hazardous materials which include but are not limited to oils, chemicals, and pesticides.
[Added 10-2-2019 by Ord. No. 2019-2]
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings, and similar material, but not including grass clippings.
[Added 10-2-2019 by Ord. No. 2019-2]
MULTIFAMILY AND/OR APARTMENT DWELLING
Any single parcel of land upon which is constructed a group of three or more residential units.
[Added 10-2-2019 by Ord. No. 2019-2]
REFUSE
Garbage and rubbish as defined herein.[1]
RESIDENCE
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.
RESIDENTIAL UNIT
A structure within the Borough used, either continuously or periodically, as a single-family dwelling unit; or each individual dwelling unit within such a structure so used as a multifamily dwelling unit; or each individual apartment within such a structure so used as an apartment dwelling.
[Added 10-2-2019 by Ord. No. 2019-2]
RUBBISH
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.[2]
[1]
Editor's Note: The former definition of "residence," which immediately followed this definition, was repealed 10-2-2019 by Ord. No. 2019-2.
[2]
Editor's Note: The former definition of "unit of refuse," as amended, which immediately followed this definition, was repealed 10-2-2019 by Ord. No. 2019-2.
[Amended 10-2-2019 by Ord. No. 2019-2]
A. 
Except as set forth in § 194-2B below, the maximum quantity of refuse which shall be collected from each residential unit per scheduled collection shall be set by contract with the contracting collector. Collections shall be made on a schedule as set forth in the contract with the contracting collector.
B. 
Owners or occupants of residential units may have the option to purchase additional bags or tags from the contracting collector, which may be used to dispose of refuse in excess of the above limits.
C. 
Only refuse originating from a residential unit may be collected from that residential unit.
[Added 12-7-2016 by Ord. No. 2016-1; amended 10-2-2019 by Ord. No. 2019-2]
Owners and occupants of residential units shall dispose of all municipal waste and recyclable material originating from the residential unit by having the same collected, transported, and disposed of by the contracting collector. Borough-owned properties may dispose of all municipal waste and recyclable material originating thereon may have the same collected, transported, and disposed of by the contracting collector. Owners and occupants of commercial establishments and industrial establishments and multifamily and/or apartment dwellings shall dispose of any solid waste generated thereon as set forth in § 194-3 below.
[Amended 6-6-2012 by Ord. No. 2012-2; 10-2-2019 by Ord. No. 2019-2]
A. 
Owners and occupants of commercial establishments and industrial establishments shall privately contract with the contracting collector or any other collector complying with the Borough's requirements for refuse collection applicable thereto, at a single, centralized collection point upon the premises. Such centralized collection point shall be screened from view by fencing or vegetation determined to be adequate by Borough Council and pursuant to the Borough Zoning Ordinance and Subdivision and Land Development Ordinance,[1] shall be constructed to minimize the likelihood of refuse being blown by wind, and shall be constructed so as not to permit animals or vermin to access refuse contained therein.
[1]
Editor's Note: See Ch. 250, Zoning, and Ch. 215, Subdivision and Land Development.
B. 
Owners of multifamily and/or apartment dwellings may privately contract with the contracting collector or any other collector complying with the Borough's requirements for refuse collection applicable thereto, at a single, centralized collection point upon the premises, or may dispose of municipal waste and recyclable material in the same manner as residential units. Such centralized collection point shall be screened from view by fencing or vegetation determined to be adequate by Borough Council and pursuant to the Borough Zoning Ordinance and Subdivision and Land Development Ordinance,[2] shall be constructed to minimize the likelihood of refuse being blown by wind, and shall be constructed so as not to permit animals or vermin to access refuse contained therein.
[2]
Editor's Note: See Ch. 250, Zoning, and Ch. 215, Subdivision and Land Development.
[Amended 10-2-2019 by Ord. No. 2019-2]
A. 
Refuse from residential units shall be placed inside containers, and such containers shall be kept securely closed.
B. 
Refuse from commercial, industrial, and other centralized collection points shall be placed inside receptacles 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.
C. 
Leaf waste shall be disposed of pursuant to the contracting collector's requirements.
D. 
Large items which require no enclosure to prevent leakage, scattering, or access by vectors need not be placed in containers.
[Amended 12-7-2011 by Ord. No. 2011-7; 6-6-2012 by Ord. No. 2012-2; 10-2-2019 by Ord. No. 2019-2]
A. 
Containers shall be set at the collection point 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. Empty containers shall be removed from the collection point on the same day of collection, after collection.
B. 
If multifamily and/or apartment dwellings do not elect to contract privately for refuse disposal, they shall establish a single collection point on the parcel where all residential units thereon shall place containers for collection by the contracting collector. The collection point shall be acceptable to the contracting collector. Each container shall be clearly marked with the address of the residential unit placing the container. Containers shall be placed at the collection point no later than 6:00 a.m. on the day of the scheduled collection, but not earlier than 12:00 noon of the day prior to scheduled collection.
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.
[1]
Editor's Note: Former §§ 194-6, Removal of empty containers, 194-7, Applicability, and 194-8, Frequency of Collection, were repealed 10-2-2019 by Ord. No. 2019-2. This ordinance also renumbered subsequent subsections.
[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]
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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)]
[Amended 12-7-2011 by Ord. No. 2011-7; 10-2-2019 by Ord. No. 2019-2]
For the purpose of this article, the following terms and phrases or words shall have the meanings ascribed to them in this section. All defined terms pursuant to Article I of this chapter shall have the same meaning in Article II.
PERSON
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 contracting collector.
[Amended 12-7-2011 by Ord. No. 2011-7]
There is hereby established in Jacobus Borough a mandatory collection program for recyclable materials.
[1]
Editor's Note: Former § 194-10, Material not produced on premises, as part of Article I of this chapter, was repealed 10-2-2019 by Ord. No. 2019-2. This ordinance also renumbered subsequent subsections.
[Amended 12-7-2011 by Ord. No. 2011-7; 10-2-2019 by Ord. No. 2019-2]
A. 
All persons shall separate recyclable materials as defined by the contract with the contracting collector from other municipal waste generated at their residential, commercial and/or industrial properties.
B. 
Recyclable materials shall be prepared for recycling in the manner prescribed by the contracting collector.
C. 
Recyclable materials shall be placed at the collection point not 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; 10-2-2019 by Ord. No. 2019-2]
In lieu of each residential unit within a multifamily and apartment dwelling 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.
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.
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.
[1]
Editor's Note: Former § 194-14, Collection contract, was repealed 10-2-2019 by Ord. No. 2019-2. This ordinance also renumbered subsequent subsections.
A. 
It shall be unlawful for:
(1) 
Any person to violate or cause or to assist in the violation of any provision of this article or any provision of Pennsylvania Act 101[1] concerning recycling.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(2) 
Any person to place or to cause to be placed any material, other than those designated herein, in a recycling bin.
(3) 
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.
(4) 
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.
(5) 
Theft of Borough recycling bins.
(6) 
Willful damage to and/or unauthorized use of recycling bins.
(7) 
Unauthorized collection of recyclables, as provided in § 194-18 of this article.
B. 
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.