City of Lock Haven, PA
Clinton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lock Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 273.
[Adopted 5-4-2009 by Ord. No. 836]
In order to control the detrimental effects created by improper storage and removal of ashes, garbage, refuse, riffraff, rubbish and trash, the City is hereby establishing minimum regulations for storage and removal thereof and establishing penalties for noncompliance.
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials for the purpose of heating or cooking.
BUILDING WASTE
Any and all refuse or residue resulting directly from building construction, reconstruction, repair or demolition; from grading or other incidental work in connection with any premises.
COMPOST PILES
A pile consisting of straw, cornstalks, hay, garden rubbish, grass clippings, leaves, weeds, peat, sawdust and appropriate limes and fertilizer for the purpose of improvement of soil. Compost piles shall not be considered as being within the definition of garbage or refuse as set forth herein.
CONTAINER
A leakproof container with a lid designed for the storage of waste material, including ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash. Dumpsters supplied by registered haulers are also considered containers.
ENFORCEMENT OFFICER
The Code Enforcement Officer, the Zoning Officer, any City police officer, or any other City employee assigned to enforcing City ordinances.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of the owners or operators of such premises.
GARBAGE
The animal, fruit and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and the residue from fruit trees located on the premises. It shall not include more than a minimum amount of free liquids. It shall not include food processing wastes from industries, such as canneries or packing plants nor of condemned food products.
HAULER
Any owner of a waste transportation vehicle licensed under Pennsylvania Act 90.[1]
HAZARDOUS REFUSE
Any refuse, the handling or disposal of which would constitute a danger to City employees, City property or any handler of such refuse, and shall include but not be limited to: acids, explosives, highly combustible material and the like.
IMPORTED REFUSE
The bringing of refuse from a location where such refuse is generated or accumulated, which location is outside the corporate limits of the City, into any location within the City for disposal of any type.
INDUSTRIAL REFUSE
Any and all residue resulting directly from industrial or manufacturing operation. It shall not include waste originating from commercial operations or an industrial establishment. It shall not include waste resulting from operations in connection with the construction of buildings, building or repairing of streets or buildings, demolition or excavation.
LITTER
All waste material, garbage, rubbish, refuse, and other substances including, but not limited to, cigarette butts, plastic and paper wrappings which, if thrown, scattered, or deposited, as herein prohibited, tends to injuriously affect public health, safety, and welfare or tends to have a detrimental or unsightly impact on the environment.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste under this article from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
OCCUPANT
Any person living in a dwelling or having possession of a space within a building.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property, or recorded in the official records of the municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PREMISES
A lot, plot or parcel of land, whether improved or unimproved, including portions occupied by a street or alley and portions of land between sidewalks and streets.
RECYCLING BINS
A container provided to the public by the City or by a registered hauler with the specific intent to be used to store recycling materials.
REFUSE
Garbage, ashes, rubbish, riffraff, commercial refuse, industrial refuse, dead animals and building waste as herein defined.
RIFFRAFF
All waste materials not included in the definition of "garbage," "ashes," or "rubbish" too large for collection in the ordinary garbage containers, as set forth herein, such as furniture, tanks, appliances and the like.
RUBBISH/TRASH
All waste materials not included in the definition of "garbage," "ashes," and "riffraff," except building waste from building construction or demolition, industrial refuse, dead animals, abandoned large machinery or motor vehicles or such other waste materials as are not commonly produced in homes, stores and institutions.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
YARD
An open space on the same lot with a structure.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
All ashes, garbage, municipal waste, refuse, rubbish and trash may be stored in covered containers only, and in such limited quantities and for such limited period of time as shall insure that no annoyance, nuisance or health hazard shall be created or maintained thereby. Except for such temporary storage as is herein specified and authorized, no person shall keep, have, maintain, store upon or allow to exist in any manner whatsoever, any ashes, garbage, municipal waste, refuse, riffraff, rubbish or trash upon any premises within the limits of the City.
Every owner in the City of Lock Haven shall contract with an individual, entity or firm which is a hauler registered by the City of Lock Haven, Clinton County Solid Waste Authority and the Commonwealth of Pennsylvania to have all the ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash generated on the premises by any of the occupants of the premises removed and deposited in a permitted landfill on a weekly basis or more often.
A. 
No person who is regularly engaged in the business of removing, hauling or conveying ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash for disposal shall remove, haul or convey any such ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash through or upon any of the streets or alleys of the City without first registering with the Board of Health of the City acting by and through the Enforcement Officer. Nothing contained herein shall apply to any person who is regularly engaged in the business of demolishing any improvement to realty, or the removal of the resulting debris from demolition of improvements of realty. There shall be no registration fee.
B. 
Proof of a valid dumping or tipping permit from a DEP permitted municipal waste disposal facility shall be included with the registration.
Whenever requested by the Enforcement Officer, the owner of any real estate within the City of Lock Haven shall present proof adequate in the judgment of the Enforcement Officer that the owner of said real estate has a current contract with a registered hauler to dispose of any ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash generated on the premises on a weekly basis or more often. The owner of the premises shall have 48 hours to provide proof to the Enforcement Officer that he has a current contract with a registered hauler to provide sufficient service to satisfy the terms and conditions of this article. No person shall permit any unregistered hauler to take or remove any ashes, garbage, municipal waste, refuse, riffraff and rubbish from the premises.
Any hauler picking up ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash in the City of Lock Haven shall be required to advise the City of Lock Haven in writing within 48 hours after request from the City of Lock Haven as to whether an owner has a current contract for municipal waste disposal from his premises within the City of Lock Haven. Furthermore, all haulers shall cooperate with the Enforcement Officer in providing information in the event that an action is instituted to enforce the terms and conditions of this article.
Any person hauling or conveying any ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash through or upon any of the streets or alleys of the City shall cover such ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash with a tarpaulin or other similar or like cover so as to prevent said ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash from falling or blowing into or upon the streets and alleys of the City.
Registration for collecting, transporting and hauling ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash in the City may be revoked at any time by the City in accordance with the following:
A. 
Failure of the hauler to furnish and provide collection and disposal of City ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash in accordance with the terms of this article and the conditions under which the registration was issued.
B. 
A written notice to the hauler shall be delivered at least 90 days prior to the date that such registration is proposed to be revoked and a hearing shall be held by the City within 30 days after such notice to determine whether such revocation is necessary and in the best interest of the City.
The occupant and/or owner shall be responsible for complying with the following provisions:
A. 
Accumulation of ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash. All exterior property and premises shall be maintained in a clean and sanitary condition. The occupant and/or owner shall keep that part of the exterior property which he/she occupies or controls in a clean and sanitary condition.
B. 
Disposal of ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash. Every occupant and/or owner of a structure shall dispose of all ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash in a clean and sanitary manner by placing such ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash in approved leakproof containers with a lid.
C. 
Containers. The owner of every occupied premises shall supply a sufficient number of containers with a lid for ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash, and the owner of the premises shall be responsible for the removal of the ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash. No container shall be filled that the lid will not fit tightly. It shall be the responsibility of the owner of the premises to keep all containers in a sanitary condition. All containers shall be maintained in good condition.
D. 
Storage location. All ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash containers and recycling bins shall be located in the side or rear yard if present; but, for corner properties, containers shall not be located in a side yard facing a street or alley. Containers may be placed in front yards for removal but not more than 24 hours prior to pickup. The empty containers shall be returned to the designated storage areas within 24 hours of the time the ashes, garbage, municipal waste, refuse, riffraff, rubbish and trash or recycling have been removed.
No occupant, owner, person or tenant shall at any time burn outdoors any ashes, garbage, leaves, municipal waste, refuse, riffraff, rubbish or trash within the limits of the City.
Notwithstanding the terms of this article, compost piles kept by occupants or tenants of a structure shall not violate the terms and conditions of this article, provided that the materials in the compost pile do not generate any offensive odors, and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises.
A. 
It shall be the duty of the Enforcement Officer to report:
(1) 
The address of the premises and a description of the violation.
(2) 
The date and hour of the violation.
(3) 
Any other facts, the knowledge of which is necessary for a thorough understanding of the circumstances attending the violation.
B. 
The Enforcement Officer making the report shall also place on or attach to the premises a notice to the occupant, owner, person or tenant that they are in violation of this article, and instructing the occupant, owner, person or tenant that he/she must report to the office of the City Treasurer within 10 days and pay, for the use of the City, the sum of $25 in the enclosed envelope at City Hall between 8:00 a.m. and 5:00 p.m., Monday through Friday (except holidays) or place a stamp on the reverse side and mail using address indicated.
Upon failure of any occupant and/or owner to comply with the provisions of this article by not doing and performing any work required by the notice provided for in § 340-13 of this article, the City Manager may cause the same to be done and collect the costs of doing so from the occupant/owner, plus a penalty of 10%, in the manner provided by law. If the occupant/owner fails to pay the aforementioned sum, the City shall file a municipal lien against the subject premises.
Any person, firm or corporation who shall violate any provision of this article, who fails to pay the amount set forth in § 340-13 within 10 days of the date of the notice of violation, shall be cited within 30 days of the violation and, upon conviction thereof, be sentenced to pay a fine of not less than $300, nor more than $1,000, plus costs. Each day's violation shall constitute a separate offense, and notice to the offender shall not be necessary in order to constitute a separate offense, nor shall notice to the offender be necessary in order to constitute an offense. In default of payment of the fine stated herein, such offender may be subject to a term of imprisonment not to exceed 30 days.
[Adopted 12-18-1989 by Ord. No. 331B (Ch. 20, Part 2, of the 2003 Code of Ordinances)]
This article shall be known as the "City of Lock Haven Municipal Solid Waste Recycling Ordinance."
The following words and phrases, when used in this article, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETAL CONTAINERS
Empty beverage or food containers consisting of ferrous sides and bottom and an aluminum top.
BUYBACK OPERATION
Any public or private agency, organization, company or individual which accepts recyclables and pays cash or other forms of remuneration for such recyclables to the bearer.
CITY
City of Lock Haven.
COLLECTOR
For purposes of collecting and transporting recyclables, means the City or its authorized agents.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes.
CORRUGATED
That material consisting of two or more pieces of Kraft liner separated by corrugated (fluted) liner board. Excluded are materials without a corrugated interliner and those materials with a corrugated liner made from rice or other non-wood-based materials.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transport of recyclable materials placed at the curbline or other designated area.
DROPOFF SITES
Those specified locations, staffed or unstaffed, where recyclable materials may be taken at specified times.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass, lead crystal and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
Paper collected from commercial, institutional and municipal establishments which was discarded from xerographic copiers, nonthermal computed printers, general office use forms, memos and correspondence, print shops and other commercial printing processes. Expressly excluded are papers with self carbons, carbon paper, envelopes and all other grades of papers not meeting specifications in the regulations.
INSTITUTIONAL ESTABLISHMENT
Those facilities which house or serve groups of people, e.g., hospitals, schools and nursing homes.
LEAF WASTE
Leaves, garden residues and similar material, but does not include grass clippings.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are other paper products of any nature whatsoever.
MULTIFAMILY DWELLING
Any residential dwelling having in excess three or more individual dwelling units.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and matters of public interest. Expressly excluded are newspapers which have been soiled.
RECYCLABLE MATERIALS
Those materials to be recycled as specified by this article and regulations promulgated thereunder.
RESIDENTIAL
Any occupied single- or multifamily dwelling.
RECYCLABLES
Any used material having an economic value in the secondary materials market and includes: aluminum cans, bimetal cans, corrugated cardboard, magazines, newspaper, office paper, paper products not chemically coated, plastic containers, steel cans, and other materials designated by this article and the regulations promulgated thereunder as having value.
[Amended 12-21-2015 by Ord. No. 952]
SOLID WASTE
Solid waste as defined in P.L. 380, No. 97, known as the "Pennsylvania Solid Waste Management Act."[1]
YARD WASTE
Prunings, grass clippings, leaves and garden wastes.
A. 
The Council, recognizing that the reclaiming of recyclable materials has become an important method for addressing the growing solid waste disposal problem by conserving landfill space, and that recycling conserves natural resources, reduces energy consumption and promotes the general interest, does hereby authorize the collection, processing, storage, transportation and disposition of recyclable materials in accordance with the provisions of this article.
B. 
Those recyclables separated for purposes of materials recovery rather than disposal shall not be considered solid waste as defined under the ordinance of the county or its municipalities and shall not be subject to provisions of those ordinances which require disposal of such wastes at designated facilities.
C. 
Establishment of the program. Council, by the provisions of this article, hereby establishes a program for the mandatory separation of recyclable materials, as specified by the recycling regulations resulting from this article, from solid waste by persons residing in single-family dwellings, multifamily dwellings and by commercial establishments.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
The Council of the City of Lock Haven will develop appropriate regulations concerning the recyclable materials to be included in the City's recycling program. The Council shall promulgate regulations with respect to the manner, days and times of collections of recyclable materials and for the bundling, handling, location and time of placement of such materials for collection. Regulations shall be promulgated for each type of program undertaken including, but not limited to, residential, office, multifamily and commercial sources of recyclable materials. City may change, modify, repeal or amend any portion of said regulations at any time.
Recyclable materials shall be placed at the curb or other designated area, separate from solid waste, for collection, or taken to dropoff sites at such times, dates, manner and places as may be established by regulation. Separated recyclables shall be placed in special household storage containers specified by and/or provided by the City or its agent.
It shall be a violation for any person(s) unauthorized by City to collect or pick up, or cause to be collected or picked up, any such recyclable materials as specified in the regulations promulgated under this article. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
It shall be a violation for any person(s) to steal, mutilate, destroy or render useless the household recyclables storage containers specified and/or provided by the City or its agent.
City shall license any and all public or private agencies, organizations, companies and individuals providing services or conducting operations involving the recycling of municipal solid waste materials generated within the City. The terms and conditions of such licenses shall be developed by the City and will, at a minimum, include a requirement for reporting weights and types of recyclables, as well as other vital data, to the City on a regular basis.
Any person may donate or sell recyclable materials to licensed individuals or organizations. Any such materials must be delivered to the licensed individual's or organization's site by the donor or seller. Documentation of the quantities donated by weight shall be provided to the City annually.
Whenever specifications for the disposition of yard waste are included in the recycling regulations resulting from this article, it shall be prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, multifamily or commercial property in the City to put or cause to be put yard waste into the City's solid waste stream.
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article or any regulation(s) resulting therefrom shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs and, in default of the payment of such fines and costs, to undergo imprisonment for not more than 30 days. Each violation shall constitute a separate and distinct offense and shall be subject to the penalty imposed by this section for each and every day such violation shall continue.