[Ord. 591, 4/16/1990, § 1]
The following words and terms as used in this Part shall have
the meanings hereby ascribed thereto unless the context clearly indicates
a different meaning:
Borough of Hamburg.
Any natural person, association, partnership, firm or corporation
who contracts with the Borough for collection of recyclables and/or
nonrecyclables and all natural persons who occupy a structure within
the Borough for the purpose of making it his or her residence.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities to be used for sleeping
purposes.
All discarded things not defined as "recyclables" herein.
All things designated by this Part as recyclable and all
things for which recycling is mandatory under State and Federal laws
effective after the adoption of this Part.
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In this Part the singular shall include the plural and the masculine
shall include the feminine and the neuter.
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[Ord. 591, 4/16/1990, § 2; as amended by Ord. 707,
12/26/2001, § 1]
No person except the contractor designated as herein provided
shall collect garbage or refuse from any other person or shall any
person except the aforementioned contractor haul any garbage or refuse
for any other person within the Borough of Hamburg or from any point
within such Borough to any place or location outside the Borough limits.
Provided, however, the prohibitions contained in this Section shall
not apply to any commercial or business establishment which regularly
has garbage and refuse in excess of the permitted volumes of garbage
and refuse for each pickup and has made arrangements with another
trash hauler to remove the garbage and refuse, and such hauler meets
with the approval of the Borough of Hamburg as to the manner and methods
with which the garbage and refuse is removed from the Borough. Any
persons using a dumpster for the purpose of garbage and refuse collection
shall only place dumpsters on property owned by said person, and not
upon any public sidewalk or thoroughfare.
[Ord. 591, 4/16/1990, § 3]
The contract for the exclusive right to collect recyclables
and nonrecyclables from customers and for the conveyance thereof shall
be awarded, from time to time, for such period of time as shall be
determined by the Borough Council to the lowest responsible bidder.
Such contract shall fix and regulate in a manner not inconsistent
with the terms of this Part, as Council shall direct, the manner,
method and time of collecting and conveying recyclables and nonrecyclables.
The person or entity to whom such contract shall be awarded shall,
before undertaking any of the duties thereunder, give bond to the
Borough in the sum and with such security that the Council shall require,
conditioned for the faithful compliance with the terms of this contract.
[Ord. 591, 4/16/1990, § 4; as amended by Ord. 680,
12/28/1998; by Ord. 695, 9/11/2000; and by Ord. 734-05, 12/12/2005,
§ 1]
Each customer from whom the said contracts shall collect, haul
or receive nonrecyclables and recyclables shall prepare such nonrecyclables
and recyclables in the following manner and shall be responsible for
maintaining the nonrecyclables and recyclables in the condition required
herein until collection shall be made:
A.
Except as otherwise provided herein all nonrecyclables shall be placed
in covered, nonleaking cans made of nonabsorbent materials provided
with handles and closely fitted covers and each weighing no more than
75 pounds gross weight when filled. All nonrecyclables shall be drained
of liquid insofar as practicable before being placed in such cans.
Such cans shall be furnished by the customer, shall be cleaned by
the customer following collection and shall be replaced by such customer
when no longer in good condition; provided, as an alternative to the
cans referred to in this Section, the customer may use barrels, boxes,
baskets and bags (hereinafter referred to as "containers") but not
shall weigh more than one person can conveniently empty. In no event
shall the container exceed 75 pounds gross weight when filled. Unless
otherwise provided herein, it is understood that all nonrecyclables
must be kept in containers or tied in bundles, in which case a bundle
will be considered a container for maximum weight and quantity limits
as set forth herein. Each can and container shall be counted towards
the maximum number of cans permitted as set forth herein.
B.
All cans and containers of nonrecyclables shall be placed by the
customer for collection at the rear of his property except that where
there is no vehicular access to the rear the same shall be placed
at the curb without obstruction any driveway, roadway, sidewalk and
gutter. No such cans and alternative containers shall be placed for
collection earlier than 6:00 p.m. prior to a scheduled collection
date. The customer shall remove empty cans and containers from the
collection point promptly following collection.
C.
Each customer from whom said contractor shall collect recyclables
shall prepare the recyclables in the following manner:
(1)
Aluminum Cans and Glass.
(a)
All aluminum cans and glass shall be placed in a container separated
from all nonrecyclables and all other recyclables though said aluminum
cans and glass may be combined in the same container. Such container
may be furnished to each customer by the Borough but in the event
that such container is not provided each customer shall furnish a
nonleaking covered container which shall in no event exceed 75 pounds
gross weight.
(b)
All glass shall be of clear, amber or green varieties and should
not be broken. However, if glass is broken it will only be accepted
if it is not combined with glass of a different variety. All glass
must be washed and any and all lids and tops removed prior to collection;
however, any labels adhered to said glass may remain. All aluminum
cans shall be rinsed prior to collection by otherwise shall required
no special preparation.
(2)
Corrugated Cardboard and Newspaper. Newspaper shall be separated
from nonrecyclables and all other recyclables and placed in a paper
bag sufficient to hold the entire newspaper or bound with string.
Corrugated cardboard shall be flattened as much as possible, cut into
smaller pieces if appropriate, and bound with string. The cardboard
and newspapers must be in separate containers. No other cardboard
except for corrugated cardboard shall be accepted for recycling.
(3)
Yard Waste. Yard waste shall be placed into nonrecyclable or plastic
trash bags supplied by the customer. The customer shall not close
or tie the bags and shall place them at curbside. The customer shall
also provide a barrel, box or any suitable holder with a lid at curbside
for temporary storage of such bags after the bags are emptied of yard
waste. On collection day the designated contractor shall empty the
contents of such bags into the contractor's vehicle and return
the empty bags to the holder. The customer shall remove the holder
and bags therein from curbside within a reasonable time.
(4)
Other Recyclables. The customer shall prepare such recyclables for
collection in such manner as the Borough may direct, place the container
for collection at the rear of his property except that where there
is no vehicular access to the rear the same shall be place at the
curb without obstructing any driveway, roadway, sidewalk or gutter.
No such cans and alternative containers shall be placed for collection
earlier than 6:00 p.m. prior to a scheduled collection date. The customer
shall remove empty cans, bags and containers from the collection point
promptly following collection.
D.
No customer shall place recyclables or nonrecyclables in a container
or containers not his own or for which he does not have specific permission
to place said recyclables or noncrecyclables. Violations of this subsection
shall be deemed a violation of this Part.
[Ord. 591, 4/16/1990, § 5]
1.
No person shall place any recyclables and nonrecyclables at curbside
or upon any private property within the Borough, whether owned by
such person or not, unless said recyclables and nonrecyclables are
in a proper receptacle for collection or by express approval of the
Borough Council.
2.
No person shall place any receptacles for recyclables and nonrecyclables
in such location that it obstructs a driveway, road, sidewalk or gutter.
3.
Any unauthorized accumulation of recyclables and/or nonrecyclables
on any premises is hereby declared a nuisance and is prohibited. Failure
to remove any existing accumulation of nonrecyclables within 30 days
of the effective date of this Part shall be deemed a violation of
this Part. Failure to remove any existing accumulation of recyclables
within 30 days of the inception of the pertinent recyclable collection
schedule shall be deemed a violation of this Part.
4.
It shall be unlawful for any person other than occupants of the premises
on which the receptacles are stored and the designated contractor
to remove the cover or any of the contents of the receptacles for
recyclables and nonrecyclables.
[Ord. 591, 4/16/1990, § 6]
1.
Nonrecyclables shall be collected once a week. The maximum number
of nonrecyclables that will be collected from any household unit or
commercial establishment shall be the equivalent of four receptacles,
each weighing no more than 74 pounds gross weight when filled unless
prior arrangement are made by the customer at his sole cost for collection
of quantities in excess of the maximum permitted. The customer shall
remove all nonrecyclables in excess of this maximum for which such
arrangements for removal have not been made.
2.
There shall be no limit on the numbers of receptacles of recyclables
as long as the recyclables are prepared for collection in accordance
with this Part. Time for collection shall be when the Borough and
designated contractor deem it appropriate. Schedules of collection
will be available upon inquiry from the Borough. Collection of newspaper,
corrugated cardboard, grass and leaves may be postponed or cancelled
due to unfavorable weather.
[Ord. 591, 4/16/1990, § 7; as amended by Ord. 680,
12/28/1998; by Ord. 707, 12/26/2001; and by Ord. 734-05, 12/12/2005,
§ 2]
1.
All customers who own real estate in the Borough except those who
have contracted for a collector as permitted under § 102
of this Part shall pay a semiannual collection fee to the Borough
in an amount as established from time to time by resolution of Borough
Council per year per household unit or commercial establishment. Said
fee shall be paid semiannually and will be billed by the Borough January
1 and July 1 of each year.
2.
In the event that said fee is not paid by the last day of January
for the first billing or the last day of July for the second billing,
then and in such event, a 1.25% per month additional charge on the
unpaid balance shall be assessed to the customer who owns real estate
in the Borough. The Borough may require any customer who owns real
estate in the Borough claiming to be exempt from this fee pursuant
to § 102 to submit proof to the Borough that he has independently
contracted a collector or to submit an affidavit in support of said
exemption to the Borough Manager.
3.
Fees paid to the Borough as set forth in this Section may be adjusted,
from time to time, by the Borough Council through resolution in accordance
with Pennsylvania law.
[Ord. 591, 4/16/1990; as added by Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $1,000 plus costs and, in default of payment of
said fine and costs, to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
