[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:
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.
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.
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]
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.
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.
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]
Leaves, garden residue, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
[Added 10-2-2019 by Ord.
No. 2019-2]
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]
Garbage and rubbish as defined herein.[1]
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.
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]
All waste materials not included in "garbage" and excepting:
That resulting from building construction, repair or demolition.
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.
Dead animals.
Machinery or motor vehicles, or parts of either.
Hazardous materials, including infectious or pathogenic hospital-type
wastes, radioactive wastes and explosive or volatile materials.
That normally included within the term "sanitary sewage."
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.Â
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.Â
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.Â
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.Â
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.
B.Â
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.
[Amended 10-2-2019 by Ord. No. 2019-2]
A.Â
Refuse from residential units shall be placed inside containers,
and such containers shall be kept securely closed.
B.Â
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.Â
Leaf waste shall be disposed of pursuant to the contracting collector's
requirements.
D.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
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.
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.
[Amended 12-7-2011 by Ord. No. 2011-7; 10-2-2019 by Ord. No. 2019-2]
A.Â
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.Â
Recyclable materials shall be prepared for recycling in the manner
prescribed by the contracting collector.
C.Â
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.Â
It shall be unlawful for:
(2)Â
Any person to place or to cause to be placed any material, other
than those designated herein, in a recycling bin.
(3)Â
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)Â
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)Â
Theft of Borough recycling bins.
(6)Â
Willful damage to and/or unauthorized use of recycling bins.
B.Â
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.
