[HISTORY: Adopted by the Borough Council of the Borough of
Dalton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-2001 by Ord. No. 6-2001]
As used in this article, the following terms shall have the
meanings indicated:
Coal ashes, coke ashes, wood ashes and other residue resulting
from the burning of other fuels used for heating and cooking purposes.
The Borough of Dalton, County of Lackawanna, Commonwealth
of Pennsylvania.
That individual, partnership, firm, corporation or business
entity designated by the Borough to collect and dispose of Borough
municipal refuse.
Paper, rags, excelsior, straw, boxes, mattresses, old shoes,
leather scrap, rubber scrap, carpets, oilcloth, Christmas trees, pruning
from vines, trees, shrubbery, etc., and other flammable waste materials
other than those described under the terms "garbage" and "noncombustible
rubbish."
A class of premises not used as dwelling units, including
but not limited to restaurants, bars/saloons, eating establishments,
grocery stores, and offices.
All dead animals and parts thereof not intended to be used
as food for human beings.
A dwelling unit in a house or row of houses. A dwelling unit
being defined as a building thereof with exclusive culinary and/or
sanitary facilities designed for occupancy and use by one-person or
one-family household.
Any offal or refuse of fish, fruit, vegetables, animal matter
or any other organic substance subject to fermentation or decay, including
matters liquid or solid, house and store sweepings, and tin cans which
contain animal or vegetable matter.
Glass, tinware, wire, crockery, metal, waste materials and
other nonflammable refuse.
"Garbage" and "ashes," as herein defined.
Any waste, including but not limited to that from municipal,
residential or hazardous units, including solid, liquid, semisolid
or contained gaseous materials.
The process of collecting refuse and garbage within the Borough
of Dalton, including, but not by way of limitation, landfill tipping
costs, employees' salaries, employees' benefits and other costs incidental
thereto.
All garbage, rubbish, dead animals and ashes as herein defined
shall be gathered and removed by Dalton Borough, either directly by
Borough employees or through such contractor or contractors as the
Borough may designate under the rules and regulations as provided
herein, and the costs and expenses of the collection and removal of
the garbage, rubbish, dead animals and ashes shall be paid by those
from whose premises said garbage, rubbish, dead animals and ashes
are removed or by the person responsible for the existence of such
garbage, rubbish, dead animals or ashes as provided by the schedule
of fees hereinafter set forth.
A.
All Borough residential refuse generated within the Borough shall
be collected, conveyed and disposed of by the Borough of Dalton, either
directly by Borough employees or by such contractor or contractors
as the Borough may employ for purposes of collection and removal of
refuse.
[Amended 4-10-2003 by Ord. No. 6-2003; 2-28-2006 by Ord. No. 2-2006; 2-12-2009 by Ord. No. 1-2009]
B.
The collection and disposal of refuse in the Borough shall be under
the supervision of Dalton Borough Council, the Public Works Committee.
Borough Council shall have the authority to make regulations concerning
the days of collection, type and location of waste containers and
such other matters pertaining to the collection and disposal as may
be deemed advisable and to change and modify the same after notice
as required by law.
C.
Ownership of refuse materials set out for collection shall be vested
in the Borough.
D.
It shall be unlawful for any person, other than such persons as are
duly authorized by the Borough, to collect and haul refuse within
or from the Borough so as to avoid payment of the refuse collection
charges provided for herein.
[Amended 4-10-2003 by Ord. No. 6-2003; 2-28-2006 by Ord. No. 2-2006; 2-12-2009 by Ord. No. 1-2009]
A.
Each property owner will be responsible for the payment of each equivalent
dwelling unit (EDU) owned by them. The fee set herein may be paid
by the owner, tenant, lessee or occupant of a particular dwelling
but shall be the ultimate responsibility of the property owner.
B.
The fee for each EDU will be $388 for residential refuse/garbage
service provided for calendar year 2021.
[Last amended 1-2-2018 by Ord. No. 2-2018; 2-13-2020 by Ord. No. 2-2020; 1-14-2021 by Ord. No. 2-2021]
C.
All fees affixed by this section shall be payable annually.
D.
The fee will be collected by the Tax Collector of the Borough of
Dalton.
E.
All fees shall be considered delinquent if not paid on or before
July 1. A delinquent charge of 12% will be added to the unpaid balance.
F.
All fees shall be deposited in a Borough account to be established
by Borough Council. This account will be used to reimburse the general
Borough operating budget for costs incurred directly for refuse removal.
G.
The Borough and/or its contractor may discontinue all refuse collection
service to all delinquent accounts. Upon stoppage of service, service
will be resumed only on payment of all accumulated fees during the
delinquent period, as well as all penalties assessed against the account.
H.
Any garbage fees not paid by September 30 will be the subject of
a municipal lien to be filed on behalf of Dalton Borough on or after
September 30. All fees and costs associated with the recordation,
collection regarding the municipal lien and satisfaction of the lien
shall be assessed against the property owner responsible for payment
of the garbage fee.
I.
The fee charged by Dalton Borough for any returned checks is $25.
[Amended 3-11-2010 by Ord. No. 1-2010;2-10-2011 by Ord. No. 2-2011; 1-10-2013 by Ord. No. 2-2013; 2-19-2014 by Ord. No. 2-2014; by Ord. No. 3-2015; 6-9-2016 by Ord. No. 5-2016; 1-12-2017 by Ord. No. 2-2017; 1-2-2018 by Ord. No. 2-2018; 2-13-2020 by Ord. No. 2-2020; 1-14-2021 by Ord. No. 2-2021]
J.
All costs related to the collection of delinquent accounts, including
court costs, sheriff's fees, constable fees, postage and attorneys'
fees, will be calculated at the rate of $250 per hour.
[Added 1-10-2013 by Ord.
No. 2-2013; amended 2-19-2014 by Ord. No. 2-2014; by Ord. No. 3-2015; 6-9-2016 by Ord. No. 5-2016; 1-12-2017 by Ord. No. 2-2017; 1-2-2018 by Ord. No. 2-2018; 2-13-2020 by Ord. No. 2-2020; 1-14-2021 by Ord. No. 2-2021]
A.
Any dwelling unit which is totally unoccupied and which generates
no refuse for an entire quarter shall be exonerated from the charges
as herein provided. Such exoneration shall be granted only after:
B.
For purposes of this section, a "quarter" shall be defined as three
consecutive months.
C.
An exoneration given for one quarter reduces the yearly fee paid
by 25%. The owner of an unoccupied EDU must request and receive exonerations
during each three consecutive months in order to pay no waste disposal
collection fee in any given year.
D.
The Borough Council shall, from time to time, adopt and promulgate
rules and regulations setting forth the terms, conditions and administrative
procedures for levying and collecting of the waste disposal collection
fee.
[Amended 11-9-2017 by Ord. No. 4-2017]
A.
Any person, whether as principal, agent or employee, violating or
assisting in violation of any provision of this article or any regulation
made by Borough Council under the provisions hereof shall, upon conviction
thereof, before a Magisterial District Judge, pay a fine of not less
than $500 and not more than $1,000 and, in default of payment of such
fine and costs of prosecution, shall be imprisoned in the County Jail
for a period of not more than 30 days.
B.
Giving false information to Borough officials in order to avoid or
reduce payment of the within fees shall constitute a separate offense,
which, upon conviction thereof before a Magisterial District Judge,
shall be punishable by a fine of not less than $500 and not more than
$1,000 and, in default of payment of such fine and costs of prosecution,
shall be imprisoned in the County Jail for a period of not more than
30 days.
No person, firm, association or corporation except Dalton Borough
or its designated subcontractor shall be permitted to carry, convey
or transport through the streets, alleys or public places of Dalton
Borough any solid waste hereafter without being subject to the penalties
as herein contained.
The Borough of Dalton is hereby authorized to make and promulgate
any additional rules and regulations for the collection, removal and
disposal of solid waste not in conflict with this article, and violations
of the same shall be subject to the same penalties as provided in
this article.
[Amended 4-10-2003 by Ord. No. 6-2003; 2-28-2006 by Ord. No. 2-2006; 2-12-2009 by Ord. No. 1-2009]
No person shall obstruct, delay or interfere with the garbage
collectors while in the performance of their duties or enter into
any controversies with the collectors, nor shall any person violate
any of the provisions of this article with regard to the disposal
of garbage, rubbish and ashes, or the containers for the same, or
violate any of the provisions with respect to the collection and removal
of garbage, rubbish and ashes. Transportation of refuse into the Borough
is prohibited.
This article is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, known as the Borough Code, § 1005, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
[Adopted 12-13-2007 by Ord. No. 7-2007]
The short title of this article shall be the "Borough of Dalton
Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
meanings indicated:
Products made from aluminum including empty all-aluminum
beverage and food containers, window screen frames, siding and lawn
chairs.
Empty food and beverage containers consisting of ferrous
sides and bottoms and an aluminum top.
Those properties used primarily for commercial or industrial
purposes.
That material consisting of two or more pieces of kraft liner
separated by corrugated (fluted) liner board. Excluded are materials
without a corrugated interliner, paperboard, and those materials with
a corrugated liner made from rice or other non-wood-based materials.
The collection by the municipality or its authorized agent(s)
of recyclable materials placed at the curbside or other designated
location.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded is noncontainer glass, plate glass, blue glass and porcelain
or ceramic products.
That paper collected from commercial, institutional and municipal
establishments that was discarded from xerographic copiers, from nonthermal
computer printers, from general-office-use forms, memos and correspondence,
and from print shops and other commercial printing processes. Material
sorting and classification grades will be specified in the regulations
specific to this article. Expressly excluded are papers with self-carbons,
carbon paper, envelopes, and all other grades of papers not meeting
specifications in the regulations.
Those facilities that house or serve groups of people, e.g.,
hospitals, schools, nursing homes.
Leaves, garden residues, shrubbery, tree trimmings, and similar
material, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
Paper of the type commonly referred to as newsprint and distributed
at mixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded,
however, are newspapers which have been soiled.
Owners, lessees and occupants of residences or commercial
or institutional establishments.
Empty plastic food and beverage containers. Due to the large
variety of types of plastics, the recycling regulations shall stipulate
the specific types of plastic which may be recycled.
Persons engaged in the business of collecting and disposing
of municipal waste from residences, businesses, institutions and community
activities within the Borough of Dalton.
Those materials specified by the Borough of Dalton to be
recycled. The list of materials shall be specified in the recycling
regulations resulting from this article and may be revised from time
to time as deemed necessary by the Borough.
The plan, prepared by persons receiving waste services from
private waste collectors, that describes the recycling system to be
employed to meet the requirements of the Borough's recycling regulations.
Any occupied single-family or multifamily dwelling from which
a municipal or private waste hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipal or private hauler.[1]
Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the Borough of Dalton, hereinafter
referred to as "the municipality," a program that mandates that recyclable
materials shall be kept separate from solid waste by all persons within
the municipality. The Borough is hereby authorized to prepare and
issue regulations for implementation of the program.
There is hereby established the requirement that a source separation
and recycling plan be submitted annually by each person not receiving
municipal waste collection service provided by the Borough of Dalton.
The plan shall be completed on forms provided by the Borough of Dalton.
Persons shall seek the assistance of their private waste collector
in preparing the recycling plan.
Recyclable materials shall be kept separate from waste and placed
at the curb in areas designated by the municipality or identified
in recycling plans for collection at such times and dates as may be
hereinafter established by regulations.
It shall be a violation of this article 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.
The Borough is authorized and directed to enforce this article.
The same is hereby authorized and directed to establish and promulgate
reasonable regulations as to the manner, days and times for the collection
of recyclable materials in accordance with the terms hereof and any
other matters required to implement this article. The Borough may
change, modify, repeal or amend any portion of said rules and regulations
at any time.
A.
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 thereof shall
be punishable by a fine not to exceed $600, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.[1]
B.
The Borough of Dalton reserves the right not to collect municipal
waste containing recyclables.
The Borough may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside or elsewhere as designated by the
municipality.
This article is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, known as the Borough Code, § 1005, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
