[Ord. 11/13/2000B, Art. I; as amended by Ord. 12/9/2002,
Art. I]
This Part shall be cited and known as "Wyoming Borough's
Garbage and Trash Removal, Recycling and Fees Ordinance."
[Ord. 11/13/2000B, Art. II; as amended by Ord. 12/9/2002,
Art. II]
In enacting this Part, it is the desire of the Borough of Wyoming
to get forth a program of garbage and trash removal and to set forth
an appropriate fee schedule for the same. It is the intention of the
Borough to establish this program so as to improve the health, safety
and welfare of the community.
[Ord. 11/13/2000B, Art. III; as amended by Ord. 12/9/2002,
Art. III]
1.
GARBAGE
GLASS CONTAINERS
LITTER
NEWSPAPERS
PERSONS
PRIVATE PREMISES
PUBLIC PLACE
RECYCLABLES
RUBBISH
VEHICLE
Definitions.
Every refuse accumulation of animal, fruit or vegetable matter,
liquid or otherwise, that attends the preparation, use cooking, dealing
in or storing of meat, fish, fruit or vegetables.
All containers made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packing
or bottling of various matter and all other material commonly known
as glass, excluding however, blue glass, flat glass, plate glass and
glass commonly known as window glass.
Any waste material, including, but not limited to, garbage,
refuse and rubbish, which, if thrown or deposited as herein prohibited,
would tend to create a danger to the public health, safety or welfare.
Papers of the type commonly referred to as newsprint and
distributed at stated intervals, used daily or weekly, having printed
thereon news and opinions and containing advertisements, and other
matters of pubic interest. Magazine and periodicals as well as all
other paper products of any nature are not considered newspapers.
Any natural person, corporation, association of individuals,
whether or not incorporated, and whether or not organized for endeavors
of profit, charity, educational or civic purposes or any other purpose
whatsoever.
Any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential purpose,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, square, spaces, grounds
and buildings.
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, glass containers, corrugated paper
(cardboard and paper boxes), magazines, computer print-out paper,
computer tab cards, office paper, steel cans, newspaper, paper products
not chemically coated.
Waste material and refuse of every character collected or
accumulated within the Borough, except garbage, and shall include
by way of enumeration but not by way of limitation grass, leaves,
sticks, tree branches, stone, concrete, old boards, broken glass,
used furniture or household appliances, tin cans, newspapers.
Every device, in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
2.
Disposal. It shall be unlawful for any person, firm or corporation
to dispose of or dump garbage or rubbish upon the streets of the Borough
or upon any public or private premises other than those duly designated
for such purposes by Borough Council.
3.
Containers. All garbage and rubbish shall be placed in containers
of the type and size hereinafter prescribed and said containers shall
be placed at convenient outdoor pickup locations on the terrace next
to the street in residential areas or in the alley or rear of commercial
areas.
4.
Limitations.
A.
Borough employees and/or contractors will not go upon private property
to collect rubbish or garbage except areas that are open to the public
and accessible to the garbage packer.
B.
The following items will not be collected by Borough employees and/or
contractors and must be disposed of by the owner thereof:
(1)
Motor vehicles.
(2)
Waste from the demolition, destruction, burning or disposal
of buildings.
(3)
Large household appliances, e.g., stoves, refrigerators, washing
machines, dryers, freezers.
(4)
Concrete.
(5)
Large limbs, tree trunks, tree roots.
(6)
Items weighing more than 40 pounds.
(7)
Tires.
(8)
Poisons.
(9)
Explosives.
(10)
Dangerous or corrosive chemicals.
(11)
Clothing taken from persons with infectious diseases.
(12)
Heavy metals or metal parts.
(13)
Rocks, bricks, concrete blocks.
(14)
Refuse from construction or remodeling.
C.
Newspapers must be tied in bundles.
D.
Cardboard boxes must be broken down and bundled.
[Ord. 11/13/2000B, Art. IV; as amended by Ord. 12/9/2002,
Art. IV]
1.
Requirements. Any person using or occupying any building, house or
structure within the Borough shall provide and maintain in good order
and repair garbage or trash receptacles of sufficient number to contain
the garbage or trash that will accumulate on the premises.
2.
Specifications. Receptacles used for storage for garbage and rubbish
shall be watertight and meet the following specifications:
A.
Garbage containers shall not exceed 40 pounds in weight.
B.
All garbage shall be placed for collection in standard size (not
to exceed 30 gallons metal or plastic garbage cans with covers and
handles, or in plastic or waterproof paper trash bags. The trash bags
must be tied and be sturdy enough so that they can be handled without
breakage and tearing.
C.
Trash cans shall be of a durable grade if galvanized metal or other
suitable material approved by the Borough, from 20 to 30 gallons in
capacity and weighing not more than 25 pounds empty or 40 pounds fully
loaded with normal refuse. Trash cans shall have two lifting handles
on opposite sides and a tightly-fitting cover with a lifting handle.
The cans shall be without inside protrusions, and the refuse shall
be loosely packed so that the contents shall discharge freely when
the receptacle is inverted.
D.
Refuse bags made of heavy multiple-ply paper or polyethylene or ethylene,
copolymer resin and designed for outdoor storage or refuse are required.
Bags must be securely tied or sealed to prevent emission of odor and
shall be of a material so that liquids and greases will not be able
to penetrate through the material and shall be of sufficient thickness
and strength to contain the refuse enclosed without tearing or ripping
under normal handling.
3.
Damage or Deteriorated Receptacles. Receptacles which have deteriorated,
or have been damaged to the extent that the covers will not fit securely
or those having jagged or sharp edges capable of causing injury to
refuse collectors or other person whose duty is to handle containers,
are declared a nuisance and shall be condemned by the Borough of Wyoming
or its authorized representatives. If such receptacles are not removed
within five days after notice of such defective conditions to the
owner or user, then such receptacles shall be confiscated.
4.
Placing Garbage in Receptacles. Garbage or trash that is mixed with
water or other liquids shall be drained before being placed in a garbage
or trash receptacle. Animal matter that is subject to decomposition
shall be wrapped in paper or other combustible material before being
placed in a garbage receptacle. Grease in a free-flowing state shall
be reduced to a solid.
5.
Unauthorized Use of Receptacles.
A.
It shall be unlawful for any person to place or permit another to
place any garbage or trash in any receptacle at any refuse collection
point unless the refuse is from the premises served by the container.
B.
The owner or occupant of any building, house, structure or land shall
cause to be removed all refuse items which will not be collected by
the regular Borough collection service and which are located, owned
or deposited on the property. Removal, at the owners' expense,
within three days of notice by the Borough is required. It shall be
unlawful to deposit any such prohibited refuse at the Wyoming Borough
landfill. Such refuse shall be deposited at an approved disposal area
outside of the Borough of Wyoming.
[Ord. 11/13/2000B, Art. V; as amended by Ord. 12/9/2002,
Art. V]
1.
Frequency of Regular Collection Service. The Wyoming Borough Council
is hereby empowered to establish a schedule for regular collection
service. Suitable public notice of said schedule of collection shall
be made via newspaper advertisement.
2.
Maximum Amount of Containers Collected. During each regular collection
the Borough will collect a maximum of three containers from each residential
or commercial property for which a garbage collection sticker has
been purchased.
[Ord. 11/13/2000B, Art. VI; as amended by Ord. 12/9/2002,
Art. VI]
1.
Garbage Collection Stickers.
A.
Residential.
(1)
All persons, residents, corporations, businesses, associations,
etc., who own any structure in the Borough of Wyoming, including any
apartment, mobile home or trailer, which is used in whole or in part
for residential purposes must purchase a garbage collection sticker
from the Borough of Wyoming.
(2)
It shall be the obligation of the owner of any such residential
structure to purchase a garbage collection sticker.
(3)
Each owner of a trailer park or a multifamily dwelling shall
be responsible for purchasing a garbage collection sticker for each
unit or trailer in the multifamily dwelling or trailer park. It shall
be the obligation of the owner of any multifamily dwelling or trailer
park to pay to the Borough the garbage collection fee for each dwelling
unit or trailer.
B.
Commercial. All persons, residents, corporations, businesses, associations,
etc., who own any structures in the Borough of Wyoming which is used
for commercial purposes may at their option purchase a garbage collection
sticker from the Borough of Wyoming.
C.
Purchase of Stickers. Garbage collection stickers can be obtained
by making application to the treasurer of the Borough of Wyoming or
Borough Council's other authorized representatives. Applications
may be obtained by call the Wyoming Borough Municipal Building.
2.
Receipts. All applicants upon payment of the fee and charges as hereinafter
set forth will receive a receipt. The receipt will note the year and
expiration date and other relevant wording. The receipt must be prominently
displayed on the building from which the rubbish, garbage or refuse
is to be removed.
[Ord. 11/13/2000B, Art. VII; as amended by Ord. 12/9/2002,
Art. VII; and by A.O.]
1.
Fees. The annual fees for regular collection from commercial and
residential premises will be as listed in the Fee Resolution, and
as established, from time to time, by resolution of the Borough Council.
2.
Rules and Regulations.
A.
Any residential premises requiring pickup of more than three containers
must arrange for private garbage disposal for the excess containers.
B.
All containers will be made from a place easily accessible to the
garbage packer from the street from which collections are made. Collections
will not be made from inside structures or enclosures.
C.
Borough Council or its designated representatives shall have the
authority to make such additional rules and regulations concerning
the manner and method of Borough refuse collection as Borough Council
deems necessary.
3.
Collection of Fees.
A.
It is the responsibility of anyone required by this Part to purchase
a garbage collection sticker to pay the annual garbage collection
fee for said sticker.
B.
The annual garbage collection fee shall be paid on or before February
2 of each calendar year, except however that if a structure is first
used for residential purposes on or after February 2 of any calendar
year, then said fee shall be due and payable within 30 days of the
date that residential use is first established.
C.
If the fee for a garbage collection sticker is not paid within 30
days of the date it is due, a 10% penalty shall be added thereto;
if said fee plus penalty is not paid within 60 days of the date the
fee is due, the aggregate amount of the fee plus penalty shall bear
interest from the penalty date at the rate of 1/2 of 1% per month
or fraction thereof. In addition, anyone not paying the fee due by
the penalty date or not paying any penalty or interest due, shall
bear the cost to the Borough of collecting said fee, penalty or interest.
D.
Any individual or enterprise not paying its garbage collection fee
within the time required by this section shall be in violation of
this Part and each day that the garbage collection fee remains unpaid
shall constitute a separate violation of this Part.
[Ord. 11/13/2000B, Art. VIII; as amended by Ord. 12/9/2002,
Art. VIII; and by A.O.]
1.
Violations and Penalties. Any garbage, rubbish or other refuse not
collected by the Borough, either because of the limitations provided
in this Part or because of non-payment of a fee shall be disposed
of by the owner. Failure of the owner to dispose of garbage, rubbish
or other refuse not collected by the Borough shall be considered a
violation of this Part and the owner shall be subject to the penalties
hereinafter provided.
A.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $50 nor more than $1,000
plus costs together with reasonable attorney fees and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
B.
It shall be considered a violation of this chapter where more than
one residential premises and/or business or commercial enterprise
are aggregating their garbage and trash for collection under one service
fee. In such event, both parties will be considered in violation of
this chapter.
C.
Each day that any violation of this chapter exists shall be considered
a separate and distinct violation.
[Ord. 11/13/2000B, Art. IX; as amended by Ord. 12/9/2002,
Art. IX; and by A.O.]
1.
Purpose. It is the goal and purpose of this Part to effectuate the
Borough's compliance with Act 101, 53 P.S. § 4000.101
et seq., by facilitating efficient disposal of solid waste generated
within the Borough in the most economical, environmentally acceptable
manner, and also to reduce the total volume of solid waste disposal
of by the Borough. This chapter is also designed, in accordance with
the Borough's police powers, to protect the health, welfare and
safety of the residents of this Borough.
2.
COMMERCIAL ESTABLISHMENT
CORRUGATED PAPER
INDEPENDENT CONTRACTOR
NEWSPRINT
PERSON
RECYCLABLE MATERIALS
RESIDENT
RESIDENTIAL
SOLID WASTE
Definitions. For the purpose of this chapter, the following words
and phrases shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Any entity in business for profit and which has not previously
been afforded municipal waste collection.
Paper which has been shaped or wrinkled into parallel grooves
and ridges, including cardboard, wrapping and packaging paper.
A private garbage hauler engaged by a commercial establishment.
A cheap, low-grade paper made mainly from wood pulp and used
chiefly for newspapers.
Any individual, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this Part prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers and
directors of any corporation or other legal entity having officers
and directors.
Materials which are separated from the remainder of municipal
waste in compliance with § 1501 of Act 101, 53 P.S. § 4000.1501.
A person who lives in a residential structure.
Any noncommercial building used for family dwelling and which
contains no more than four dwelling units.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances, and those in gaseous form. Such waste is
more commonly defined ad "Municipal Waste" under rules and regulations
promulgated by the Pennsylvania Department of Environmental Protection.
The waste shall include, but is not limited to, garbage, sludge, rubbish,
ashes, street cleaning, dead animals, offal, abandoned vehicles, agricultural
waste.
3.
Residential Recycling Requirements.
A.
In accordance with § 1501 of Act 101, 53 P.S. § 4000.1501,
the following items are hereby declared as the designated residential
recyclable materials:
B.
Each resident must establish within the household a program for effective
source separation of the aforementioned recyclable materials. Said
recyclable materials must be kept separate from other solid waste,
and shall be dispose of as hereinafter set forth. Further, all of
the designated recyclable materials must be stored in an area free
from exposure to the elements and shall be properly secured so as
to be safe from vermin.
C.
The Borough shall provide each residential dwelling one recyclable
materials container, which container must be utilized by the resident
when placing the aforementioned recyclables at curbside for collection.
The container shall remain the property of the Borough, and the recyclables
shall become the property of the Borough when placed at curbside for
collection.
D.
The Borough shall establish a schedule for collection of the recyclable
materials which conforms to the requirements of § 1501(d)
of Act 101, 53 P.S. § 4000.1501(d). Suitable public notice
of said schedule of collection shall be made via newspaper advertisement.
4.
Commercial Recycling Requirements.
B.
Each commercial establishment shall develop an effective program
for the source separation of the aforementioned recyclables. These
materials must be kept separate from other solid waste. Further, the
recyclable materials must be stored in an area free from exposure
to the elements and properly secured, so as to be safe from vermin.
C.
Each commercial establishment shall arrange with an independent contractor
for private collection of the aforementioned recyclables, as well
as for collection of remaining solid waste, which independent contractor
shall comply with all governing statutes for proper disposal of same.
D.
Any commercial establishment which seeks exemption from the requirements
of this chapter on the basis that it has otherwise provided for the
recycling of the designated recyclable materials shall report no later
than January 15th of each year to the Borough the total number of
tons recycled in compliance with § 1501(c)(1)(iii) of Act
101, 53 P.S. § 4000.1501(c)(1)(iii).
