[Ord. 1974-1, 2/19/1974, § 1]
This Part 1 shall be known and may be cited as the "Borough
of Hummelstown Refuse Collection Ordinance."
[Ord. 1974-1, 2/19/1974, § 2; as amended by Ord.
1978-1, 4/18/1978, § 1; as amended by Ord. 1984-4, 5/29/1984,
§ 1]
1.
Word Usage.
A.
Words used in the present tense include the future tense.
B.
The singular includes the plural.
C.
The word "person" includes an individual, a corporation, a partnership,
an incorporated association or any other similar entity.
D.
The term "shall" is always mandatory.
E.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied".
2.
APARTMENT HOUSE
ASHES
BOROUGH
COLLECTOR
COMMERCIAL
CONTAINER
DUMPSTER
DWELLING
DWELLING UNIT
GARBAGE
PERSON
REFUSE
RUBBISH
Definitions. Unless otherwise expressly stated, the following words
shall, for the purpose of this Part 1, have the meanings herein indicated:
A building occupied by three or more dwelling units.
Residue from the burning of wood, coal, coke or other combustible
material.
The Borough of Hummelstown, Dauphin County, Pennsylvania,
the Manager and the Borough Council of the Borough of Hummelstown.
That individual, partnership, firm, corporation or business
entity designated by the Borough of Hummelstown, by means of an independent
contract, as the person having the exclusive right and privilege to
collect, haul, carry, remove or dispose of all garbage, trash, ashes
and refuse from specific designated classes of users or dwelling units
within the Borough but shall not be construed as meaning that said
person is an employee, official or representative of the Borough of
Hummelstown.
The use of premises other than as a dwelling.
May be either metal or plastic in texture or any durable
material with a maximum gallonage capacity of 32, and the container
must have a tight-fitting lid.
A refuse bin constructed as a metal receptacle having an
internal volume greater than one cubic yard, which temporarily receives
and holds refuse for ultimate disposal either by unloading into the
body or loading hopper of a refuse collection vehicle or by other
means.
A building designed for residential purposes and used as
the living quarters for one or more families.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes (excluding
body wastes), including garbage, rubbish, ashes, solid industrial
waste and street cleaning.
Includes metal, paper, wood, nonputrescible solid wastes,
or items that are not recycled.
[Amended by Ord. No. 2021-4, 11/11/2021]
[Ord. 1974-1, 2/19/1974, § 3; as amended by Ord.
1975-8, 6/17/1975, § 1; and by Ord. 1984-4, 5/29/1984, § 2]
1.
It shall be unlawful for any person, other than such persons as are
duly authorized by the Borough, to collect and haul refuse of any
nature within or from the Borough. The Borough Council shall, by its
own resolution, designate such person or persons as the Borough Collector
or Collectors for the ensuing year or years for refuse collection
of specified classes of users or dwelling units. The Borough Council
may, by its own resolution, designate such other person or persons
as the Borough Collector for the ensuing year for refuse collection
of other properties. The Borough Collector or Collectors designated
for specified classes of dwelling units shall have the exclusive right
and obligation to collect and haul refuse from said specified classes
of dwelling units within the Borough. The Borough Collector or Collectors
designated for properties other than such specified dwelling units
shall have the exclusive right and obligation to collect and haul
refuse from such other properties. If the Borough does not designate
a Collector or Collectors for specified classes of users or dwelling
units or for other properties or if a contract is not entered into
with a designee or designees for either dwelling units or other properties,
such properties for which no Collector has been selected may have
private haulers. In such event, all private haulers servicing properties
within the Borough shall register with the Borough and be licensed
by the Borough. In the event that such a private hauler fails to comply
with the regulations for refuse collectors within the Borough, the
Borough may revoke such hauler's license and that private hauler will
then be prohibited from collecting refuse within the Borough.
2.
Inspection. The actual work of collecting and transporting garbage
shall be subject to inspection at any or all times by the Borough
Manager or anybody so designated by the Borough Council.
[Ord. 1974-1, 2/19/1974, § 4; as amended by Ord.
1984-4, 5/29/1984, § 3]
For the purpose of this Part 1, every dwelling unit, apartment
house and commercial establishment, wherever located in the Borough
of Hummelstown, shall be included for collection purposes under the
terms and provisions of said Part 1.
[Ord. 1974-1, 2/19/1974, § 5; as amended by Ord.
1978-1, 4/18/1978, § 2]
1.
Refuse Containers. All garbage and all refuse shall be placed in
containers. Items other than garbage may be placed in plastic bags.
Newspapers and magazines may be securely tied in bundles and will
not be counted as containers. Refuse containers shall be of durable,
water-tight, rust-resistant material having a close fitting lid and
handles to facilitate collection. The maximum number of containers
per dwelling unit shall be six. Dumpsters may be used when there is
a large volume of solid waste and there can be easy access to a dumpster
by the collector. Plastic liners or other appropriate liners should
be placed in refuse containers. It shall be unlawful to permit the
accumulation of residue of liquids, solids or a combination of such
material on the bottom or sides of containers, it being the intention
of this provision that the interior of containers shall be kept clean
by thorough rinsing and draining as often as necessary. All containers
shall be kept in a sanitary condition and shall be kept in good condition.
Any container that does not conform with the provisions of this Part
1, or that is likely to injure the collector or his employees, or
hampers the prompt collection of refuse, shall be replaced upon written
notice. Failure to replace said defective container may result in
penalty until such time as the container is replaced.
2.
Accumulation of Refuse. No person shall place or cause to be placed
any refuse upon any street, alley or other public place, or upon any
private property, whether owned by such person or not, except it be
in proper receptacles for collection, or under express written permission
issued by the Borough. No person shall deposit refuse in any stream
or any other body of water. No person shall maliciously spill or scatter
the contents of any refuse container, or damage, or destroy any such
container. No person, except the occupant of the premises on which
the refuse container is placed or an authorized collector, shall remove
the lids of the container and/or remove the contents thereof.
3.
Small branches, shrubbery, twigs, etc., shall be tied in small bundles not to exceed 18 inches in diameter nor more than 36 inches in length and shall not weigh more than 30 pounds. Small pieces of limbs, wood, etc., may be tied the same as listed above, being subject to the same restrictions. Large limbs, lumber, tree trunks and other large materials would be removed only as provided in § 20-106 — Collection Practices.
4.
Location of Containers. In advance of the scheduled time for collection
the cans or refuse containers shall be placed near the lot line near
the alley in the rear of the premises in a location easily accessible
for the collector. If there is no alley in the rear of the premises,
or the alley in the rear is not the most accessible for the collector,
the cans or refuse containers shall be placed at the curb or lot line
but cannot be put in the street. The Borough Manager may determine
that certain alleys may not be used by the collector. Special arrangements
may be made with the collector to remove ashes from the cellar or
other place on the premises.
5.
Dumpsters. Wherever dumpsters are used for the storage of refuse,
the following provisions shall be observed:
A.
No dumpster may be used which would be found hazardous when tested
in accordance with the specifications published by the Consumer Product
Safety Commission in the Federal Register of January 7, 1977, Page
1184.
B.
Each dumpster shall be located on a level, hardened and stabilized
surface. Where dumpsters having wheels or casters are used, permanent
wheel stops or chocks shall be provided to prevent unauthorized movement
of the container.
[Ord. 1974-1, 2/19/1974, § 6; as amended by Ord.
1978-1, 4/18/1978, § 3; and by Ord. 91-3, 3/16/1991, § 1]
1.
Garbage, refuse and rubbish shall be collected from dwelling units
once a week. Garbage, refuse and rubbish shall be removed from commercial
units and apartment houses requiring the use of a dumpster at least
once a week. If collection is required or desired on a more frequent
basis than indicated above, the property owner must make private arrangements
with the Borough for such additional collection.
2.
All vehicles used in the collection and disposal of garbage and refuse
in Hummelstown shall be of metal, securely covered, and strongly built,
and all handling of garbage and refuse on the premises from which
collected, and in its transportation, shall be done in such a way
that no spilling, leaking or strewing shall occur either on such premises
or on the streets and roads of the Borough of Hummelstown. However,
in the case of an emergency so deemed by the Borough Council of Hummelstown,
open trucks may be used.
3.
The collector will collect the refuse in excess of that contained
in six containers of the authorized size, or in dumpsters where appropriate.
However, when more than six containers are collected, an additional
charge will be made.
4.
The collection practices of the collector and any other person removing
refuse from the Borough by special permit of the Borough shall conform
to all applicable rules and regulations of the Commonwealth of Pennsylvania,
the Borough, and any contract or contracts between the parties.
5.
Special Refuse Problems. Removal of wearing apparel, bedding or other
refuse from homes or other places where highly infectious or contagious
diseases have prevailed shall be performed under the supervision and
direction of the Health Officer of the Borough, or the Borough Manager.
Such refuse shall not be placed in containers for regular collections.
Highly inflammable or explosive materials shall not be placed in containers
for regular collection but shall be disposed of as directed by the
Borough Manager at the expense of the owner or possessor thereof.
Appliances and other materials not normally considered as garbage,
refuse or trash, etc., or any items which could damage or are too
large for normal collection or of a nature not generally included
in the description of garbage, refuse and rubbish will be collected
two times during the year which times will be designated by the Borough
in conjunction with the collector and will be publicly announced.
6.
Dumpsters. Wherever dumpsters are used for the storage of refuse,
collectors shall ensure that the receptacles after emptying, are properly
relocated on the level surface provided, in position for the wheel
stops, if any, to prevent unauthorized movement of the containers.
7.
Collection Hours. All collectors of refuse, including private haulers,
shall collect refuse, rubbish and solid waste of whatever nature only
between the hours of 6:00 a.m. and 6:00 p.m.
[Ord. 1974-1, 2/19/1974, § 7; as amended by Ord.
1977-10, 6/21/1977, § 1; by Ord. 1984-4, 5/29/1984, § 4;
and by Ord. 1-1986, 2/20/1986]
1.
Rates for Collection Service. The charges for the garbage and refuse
service as provided by ordinance of this Borough shall be as follows:
A.
The rate for each class of domestic user designated by Borough Council
shall be fixed annually by resolution of the Borough Council adopted
during the month of June of each year, charged against the owner of
the property and payable in quarterly installments as hereinafter
provided. The Borough Council is authorized to establish classifications
of domestic users based upon type of dwelling unit, frequency of service
required, quantity and types of garbage and refuse and the equipment
required and supplied for each type of user or dwelling unit or dwelling
unit complex.
B.
The Borough Council is authorized and directed to establish charges
for all users other than the classes of domestic users according to
separate classifications based upon the frequency of service, the
quantity and types of garbage and types of refuse, and the equipment
required and supplied for each type of user. The charges fixed for
each classification shall be approved by the Borough Council. The
applicable rate shall be charged against the owner or owners of the
property and be payable as hereinafter provided.
C.
It is further provided that the Borough Manager shall have the power
to make equitable adjustments in billing for collection services for
any combination [of] professional offices and residences when the
bill for such services is paid by one person and one stop service
is required for the pickup of any garbage, rubbish and ashes.
2.
Collection Procedure. The charges against each property fixed at
the rates above set forth shall be determined by the number of users
in each property as they exist at the beginning of each billing period.
All bills shall be rendered quarterly as of January 1, April 1, July
1, and October 1 of each year; and shall be paid at the Borough Offices
or by mail. If not paid within 30 days after the due date, civil action
may be taken for collection. All delinquent accounts charged to a
property owner which are not paid within 60 days after each quarterly
billing date may be filed as a lien against the property. This lien
shall be filed in the appropriate office of Dauphin County, Pennsylvania,
and shall be collected in the manner provided by law for the filing
and collecting of municipal claims. The Borough shall also have the
right to proceed for the collection of such unpaid charges by an action
of assumpsit. In addition, the Borough may proceed in any other matter
provided by law for the collection of a municipal claim.
[Ord. 1974-1, 2/19/1974, § 8]
No person shall dump, bring, deposit, or otherwise dispose of
garbage, ashes, rubbish or refuse of any kind or nature within the
jurisdictional limits of the Borough, except for collection as herein
provided or except under express written permission issued by the
Borough Council.
[Ord. 1974-1, 2/19/1974, § 9]
1.
The Borough Manager shall be charged with the administration of the
provisions of this Part 1. He shall have authority to make rules and
regulations relating to the administration of the provisions of this
Part 1, in addition to any other powers herein conferred upon him,
provided such rules and regulations are not contrary to the provisions
hereof, and further provided that such rules and regulations are approved
by Borough Council.
2.
An aggrieved person shall have the right of appeal against application
of any rule or regulation made by the Borough Manager which constitutes
undue hardship upon him or which constitutes an improper application
of said rules and regulations; such appeal shall be made in writing
to the Borough Council which may confirm, modify or revoke any such
application of rules or regulations or grant a variance therefrom.
[Ord. 1974-1, 2/19/1974, § 10; as amended by Ord.
1-1986, 2/20/1986]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 1 continues
shall constitute a separate offense.
[Ord. 1-1986, 2/20/1986]
1.
The solid waste collection charges imposed by this Part 1 may be
abated under the following conditions:
A.
Water service is terminated with the water company and the water
meter is removed, and
B.
Notice is given to the Borough Manager that the dwelling unit is
vacant and will remain so for a period of at least 90 days. In the
event that such vacancy does persist for 90 days, that quarters waste
collection charge shall abate retroactively to the date of termination
of water service and the notice to the Borough Manager.
[Ord. 90-3, 8/16/1990, § 201]
The short title of this Part shall be the "Hummelstown Borough
Recycling Ordinance," and the same may be cited in that manner.
[Ord. 90-3, 8/16/1990, § 202]
Unless otherwise expressly stated, the following words shall,
for the purpose of this Part, have the meanings herein indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Those properties used primarily for commercial or industrial
purposes and those multi-family dwellings for which the Borough does
not provide municipal waste collection service.
The scheduled collection and transport of recyclable material placed at the curb line by residences subject to Chapter 20 of the Code of Ordinances of the Borough of Hummelstown.
All empty bottles and jars made of clear, green or brown
glass, except non-container glass, plate glass, blue glass, and porcelain
and ceramic products.
Those facilities that house or serve groups of people, such
as hospitals, schools and nursing homes.
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
[Amended by Ord. No. 2021-4, 11/11/2021]
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals, excluding all other paper products
of any nature whatsoever.
Any properties having three or more dwelling units per structure.
Public facilities operated by Hummelstown Borough and other
governmental and quasi-governmental authorities.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and other matters
of public interest, but not including glossy advertising inserts included
with newspapers.
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Empty plastic food and beverage containers as defined by
the recycling regulations.
Those materials specified by Hummelstown Borough to be recycled.
Any occupied single or multi-family dwelling for which the
Borough provides municipal waste collection service.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by municipal or private hauler.
[Ord. 90-3, 8/16/1990, § 203; as amended by Ord. No. 2021-4, 11/11/2021]
There is hereby established a program for the mandatory separation
of recyclable materials from solid waste by persons residing in residential
dwellings for which Hummelstown Borough, hereinafter referred to as
the Borough, provides municipal waste collection services. Items collected
as recyclable materials and leaf waste are not to be burned or disposed
of as solid waste.
[Ord. 90-3, 8/16/1990, § 204]
Recyclable materials from residential dwellings shall be placed
at the curb separate from solid waste for collection or taken to drop-off
sites at such times, dates, and places as may be herein established
by regulation. Such regulations shall establish a minimum one day
per month scheduled for pickup of recyclables from residential dwellings.
At the time of passage of this Part, recyclable materials for residential
dwellings are aluminum cans, bimetal containers, glass containers
and newspaper.
[Ord. 90-3, 8/16/1990, § 205]
The owner, landlord or an agent of any owner or landlord of
multi-family dwellings whose solid waste is not collected by the Borough
shall establish a collection system for recyclables at each property.
At the time of passage of this Part, recyclable materials for such
multi-family dwellings are aluminum cans, bimetal containers, glass
containers and newspaper. The collection system must contain suitable
containers for collecting and sorting materials, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords and agents of owners or landlords shall not be liable for
non-compliance of the occupants of their buildings.
[Ord. 90-3, 8/16/1990, § 206]
Commercial, institutional and municipal establishments shall
separate and store, until collection, high grade office paper, corrugated
paper and aluminum. These establishments must arrange for the transfer
of the materials to a recycling system and if that system is separate
from that used in the Borough for residential dwellings, the establishments
shall annually provide to the Borough evidence of such arrangement
and documentation of the total number of tons recycled.
[Ord. 90-3, 8/16/1990, § 207]
All persons who reside in residential dwellings and all persons
who are responsible for administration of multi-family dwellings,
commercial, municipal and institutional establishments who gather
leaves shall source separate all leaves and place them for collection
at the times and in the manner theretofore or hereafter prescribed
by the Borough. Nothing herein shall require any person to gather
leaves or prevent any person from utilizing leaves for compost, mulch,
or other agricultural, horticultural, silvicultural, gardening or
landscape purposes.
[Ord. 90-3, 8/16/1990, § 208]
It shall be a violation of this Part for any person(s), unauthorized
by the Borough, to collect or pick up or cause to be collected or
picked up any such recyclable material. Each such collection in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. 90-3, 8/16/1990, § 209]
The Borough Manager or his/her designee is authorized and directed
to enforce this Part. The same is hereby authorized and directed to
establish and promulgate reasonable regulations as to the manner,
materials, days and times for the collection of recyclable materials
in accordance with the terms hereof and any other matters required
to implement this Part. The Borough Manager or his/her designee may
change, modify, repeal or amend any portion of said rules and regulations
at any time.
[Ord. 90-3, 8/6/1990, § 210]
Any action by any person, firm, corporation, or other entity which violates §§ 20-204, 20-205 and 20-206 of this Part or any regulations thereof, shall be punishable by a fine not to exceed $25 upon a first conviction; not to exceed $50 upon a second conviction; and not to exceed $100 upon a third conviction or subsequent conviction. The above fines shall not be applicable to a conviction for § 20-208 hereof or for unlawful taking of containers designated for recycling usage, or taking the contents of same, which latter actions shall be punishable by a fine not to exceed $300 per property. No enforcement of §§ 20-204, 20-205 and 20-206 of this Part shall be made until three months from the effective date of this Part.
[Ord. 90-3, 8/16/1990, § 211]
The Borough may enter into an agreement (or agreements) with
public or private agencies or firms to authorize them to collect all
or part of the recyclable material from curbside.
[Ord. 90-3, 8/16/1990, § 214]
This Part shall be effective October 1, 1990.
