[HISTORY: Adopted by the Borough Council
of the Borough of Bridgeport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-12-1988 by Ord. No. 501, approved 1-12-1988 (Ch. 78, Art.
I, of the 1975 Code)]
[Amended 12-13-1988 by Ord. No. 505, approved 12-13-1988]
A.Â
From and after February 1, 1988, the Borough Council
shall impose the annual sum for each residential household unit within
the Borough of Bridgeport as set forth in the current fee resolution,[1] per year, per household unit, to provide the service of
residential trash, garbage and refuse collection and disposal within
the Borough of Bridgeport. For households with more than one residential
unit, the annual sum will be calculated by multiplying the number
of units by the annual fee or charge per unit.
[1]
Editor's Note: The current fee resolution
is on file in the office of the Borough Secretary and may be inspected
during regular business hours.
B.Â
Any unpaid fees and charges established herein which
remain unpaid for a period in excess of 30 days after billed shall
be subject to collection procedures as established by law for all
other municipal claims and may result in a lien being placed upon
the premises,[2] as well as the suspension of the service provided.[3]
[Amended 7-12-1994 by Ord. No. 528, approved 7-12-1994]
[Adopted6-26-2018 by Ord.
No. 2018-004, approved 6-26-2018]
The Borough of Bridgeport hereby establishes a program for the
reduction of the amount of solid waste and the conservation of certain
recyclable material, as defined herein, by the separation and collection
thereof in the Borough of Bridgeport pursuant to 53 P.S. § 4000.1501,
et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
The governmental jurisdiction and legal entity of the Borough
of Bridgeport, County of Montgomery, Pennsylvania.
All waste materials too large for collection in ordinary
containers. Examples of bulk waste include: furniture, appliances,
carpeting and similar items. Bulk waste shall not consist of electronics,
hazardous waste, or any items that may be packaged and disposed of
using regular trash collection procedures.
Containers comprised of aluminum, tin, steel, or a combination
thereof which contain or formerly contained only nonaerosol substances.
All corrugated or other cardboard normally used for packing,
mailing, shipping, or containerizing goods, merchandise, or other
material, but excluding plastic, foam, or wax-coated or soiled cardboard.
Printed material soliciting products for sale to the reader.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters. Multifamily dwellings,
town homes, mobile home parks, hotels, motels, mixed-use properties
(combined business/residential on a single parcel) and farms which
use commercial dumpsters shall be considered commercial establishments.
Does not include properties where primary permitted use is residential
and accessory use is commercial (i.e., home occupations). Multiple-dwelling
residential buildings, including residential units over store front
commercial business, containing more than three dwelling units, shall
be treated as commercial properties.
Commingling of several recyclable materials into one container
for processing and pickup, also referred to as single-stream recycling.
Church, school, civic, service group, municipal functions,
and all other such functions conducted within Bridgeport Borough and
sponsored privately, which include, but are not limited to, fairs,
bazaars, socials, picnics, and organized sporting events that will
be attended by 25 or more individuals per day.
A process involving the microbial decomposition of organic
matter.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges (i.e., cardboard).
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
A state-permitted facility which processes or acts upon solid
waste so as to dispose of the material, such as a composting facility,
an incinerator, a resource recovery plant, a recycling processing
facility, a waste-to-energy facility or a sanitary landfill.
Those specified, permitted, locations, staffed or unstaffed,
where recyclable materials may be taken at specified times.
An occupied single- or multifamily structure having up to,
and including, three dwelling units per structure, or each unit in
a multifamily structure if the units are individually owned with a
separate entrance onto a public or approved private street.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official
authorized representative.
Any number of continuous lots comprising, in the aggregate,
five or more acres under common control by way of ownership or lease,
used in whole or in part for agricultural purposes including, without
limitation, the growing of crops or the keeping of farm animals, including,
without limitation, cattle, horses, goats, sheep, alpacas, or maintained
in anticipation of farm use as set forth herein.
Bottles and jars made of clear or colored glass. Expressly
excluded are noncontainer glass, mirrors, automobile glass, dishware,
plate glass, crystal, light bulbs and porcelain and ceramic products.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any establishment engaging in manufacturing or processing
including, but not limited, to factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Mail received but not for a specific purpose and the container
that mail is mailed in.
Shall include, but not be limited to, automotive, truck and
industrial batteries that contain lead.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings
or branches.
Glossy publications including catalogs.
Any garbage, refuse, industrial lunchroom, or office waste
and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial, or institutional establishments
and from community activities, and any sludge not meeting the definition
of residual or hazardous waste in the Solid Waste Management Act from
a municipal, commercial, industrial, or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facilities (Pennsylvania Act 101, Section 103[1]), but excluding human body waste, debris from household
renovations, whether interior or exterior, dirt, rock, lead pipes,
leaf waste, hazardous wastes, and recyclable items as defined herein.
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Bridgeport
Borough, and any business or institution within Bridgeport Borough
which generates municipal waste or recyclable materials and uses its
own employees and equipment for the collection or transportation of
municipal waste or recyclable materials. Municipal waste collectors
must be authorized by the State of Pennsylvania.
The Borough of Bridgeport.
All paper of the type commonly referred to as newsprint and
distributed at fixed intervals having printed thereon news and opinions,
containing advertisements and other matters of public interest including
glossy inserts. Expressly excluded is junk mail included with newspapers.
Printing and writing papers not considered newspaper, including,
without limitation, printed white ledger and computer print and notebook
paper.
A heavier and thicker paper used as cereal boxes and beer
and soda carriers.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Bottle, jar, and food containers only (i.e., milk, water,
soda, detergent, shampoo) labeled with a SPI Code Numbers 1, 2, 3,
and 5, excluding plastic bags and plastic film. Excluded are motor
oil bottles, flowers, pens, plastic wrap and Styrofoam.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101 and materials identified by the
Borough to be recycled. Any materials established by the Borough Council
from time to time by resolution, which may include: cans, cardboard,
catalogs, glass bottles/jars, junk mail/envelopes, magazines, newspaper,
paper (any grade), paperboard, plastic bottles, telephone/soft-covered
books, leaf waste and/or yard waste and any other materials which
the Borough Council may deem by resolution to be recyclable.
Any process by which material that would otherwise become
solid waste is collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
Those services to be performed as follows:
A container designated by the property owner or resident
for the storage of recyclable materials.
Any facility designed and operated solely for the receiving
and storing of materials that are to be returned to the economic mainstream
instead of becoming part of the solid waste stream.
See "dwelling unit."
Waste, including but not limited to municipal, commercial,
institutional, or industrial waste.
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
Printed material with nonhardbound covers used for reading
or listing of phone numbers.
Tree limbs and branches may not exceed four inches in diameter
or four feet in length; the term does not include leaves or grass
clippings.
[1]
Editor's Note: See 53 P.S. § 4000.103.
A.Â
The Borough Council shall have the authority to adopt, modify, and
amend recycling regulations from time to time by resolution, including,
without limitation, regulations regarding which recyclable materials
must be recycled and regulations requiring residents to source-separate
recyclable materials and/or place recyclable materials for collection
through single-stream recycling. Any regulations so adopted by the
Borough Council shall be published at least one time in a newspaper
of general circulation in the Borough and posted on the Borough's
website. Violations of any such regulations shall be deemed to be
violations of this article and subject to the same penalties hereunder.
B.Â
There is hereby established, starting upon enactment of this article,
and until modified or amended by resolution as permitted herein, a
program for the mandatory source-separation and collection of recyclable
materials from municipal waste, as set forth herein, from residential,
commercial, institutional, and municipal premises within the municipality.
The occupant or owner of a home, apartment, or other residential establishment
shall separate recyclable materials, leaf waste, and yard waste from
other municipal solid waste. In addition, commercial, industrial,
institutional, and municipal establishments and community events shall
separate the materials described in this section from other municipal
solid waste.
C.Â
Items to be recycled by dwelling units, mobile home parks, commercial,
industrial, institutional, municipal facilities, and community activities
shall be clean and free of residue to the extent possible, and shall
include, at a minimum:
(1)Â
Glass containers (excluding mirrors, window glass, and crystal).
(2)Â
Cans: Aluminum, tin, bimetallic, steel.
(3)Â
Plastics: No. 1, 2, 3, and 5.
(4)Â
Paper: Newspaper, books, phone books, catalogs, magazines, junk mail,
paper, envelopes, high-grade office paper.
(5)Â
Cardboard boxes and containers: Corrugated and paperboard (excluding
styrofoam, take out and pizza boxes, and containers with food residue).
A.Â
Except as otherwise herein provided, all persons owning or occupying
residential property in the Borough of Bridgeport shall recycle all
recyclable materials (as determined by the Council by resolution from
time to time) generated at their homes, apartments, and other residential
establishments in the Borough of Bridgeport and place such materials
at locations designated by the Borough Council for collection by the
Borough of Bridgeport or its agents, servants, or contractors.
B.Â
Collections by the Borough of Bridgeport of recyclable materials
shall be made in accordance with a schedule of areas and dates to
be publicly advertised by the Borough of Bridgeport.
C.Â
All recyclable materials placed by residents for collection pursuant
to the program established under this article shall be prepared for
collection in a secure manner so as to prevent such recyclable materials
from being blown about or otherwise scattered upon the streets or
private property within the Borough. When placed at the curb for collection
in accordance with the provisions of this article, recyclable materials
shall be placed in separate, reusable containers, not to exceed 65
gallons, that clearly identify the contents as recyclables. No person
shall place municipal solid waste in containers designated for the
separation and collection of recyclables. No person shall place recyclable
materials in containers used for the separation and collection of
municipal solid waste.
D.Â
Containers for municipal solid waste, recyclable materials, bulk
waste, and leaf waste set out for collection shall be placed at the
street curb or at the end of the driveway of the property from which
collected, but in no case within the paved cartway of the street.
It is the responsibility of the individual residents to place their
containers at curbside in time for collection by the municipal waste
collector. Containers shall not be placed in a location that obstructs
a public sidewalk or that impedes clear vision for motorists traveling
on the adjacent street or at intersections. Containers shall be placed
at the curb no earlier than 4:00 p.m. on the day prior to the collection
day. Containers shall be taken inside or removed from the curbside
no later than 11:59 p.m. of the collection day.
E.Â
Multifamily residential properties with no more than three units
shall be served by the collection system operated by the Borough of
Bridgeport.
F.Â
The owners and occupiers of multifamily housing properties with more
than three units will not be served by the collection system operated
by the Borough of Bridgeport but such owners must establish a system
for source separation, collection, transportation, and recycling of
the materials designated by this article at each property within 30
days of the date of enactment of this article. Arrangement for collection
of designated recyclables for disposition herein shall be the responsibility
of the owner of the property in which the recyclables were generated
and/or the person (occupier or property manager) contractually obligated
to the owner to arrange for collection and disposal of its solid waste
and recycling. Such arrangements may include, without limitation,
direct marketing of recyclables, delivery to a drop-off, contracts
with solid waste collectors/haulers for separate or commingled collection
of any or all designated recyclables, or contracts with other persons
for separate or commingled collection of any or all designated recyclables.
The owner of a multifamily housing property containing more than three
units shall provide an appropriate number of recycling containers
at a sufficient number of dropoff points to accommodate the amount
of recycling generated by the property. The Borough reserves the right
to require the owner to provide additional containers if the number
of containers in place is not adequate. The owner of a business or
multifamily housing property containing more than three units must
provide the Borough of Bridgeport, before January 30 of each year,
a written report stating the name of the hauling contractor (if the
property owner used one), the total weight of each kind of material
recycled during the previous calendar year, and any other relevant
information required by the Borough of Bridgeport.
G.Â
All owners/agents of multifamily residential properties (regardless
of the number of units) in the Borough shall be required to provide
to tenants notice of the Borough's mandatory recycling program
and to provide such notice, in writing, either by including language
in the lease notifying the tenant of the recycling obligation at time
of tenant change or lease renewal with the tenant, or by prominently
posting written notice of the recycling obligation in the common area
of the building. This written notice shall be kept accessible for
inspection by the Borough official, if requested.
A.Â
Except as specifically provided in this article, all persons occupying
commercial, industrial, or institutional establishments or conducting
community activities in the Borough of Bridgeport shall be subject
to the same duties and requirements of this article as owners and
occupiers of multifamily residential properties containing more than
three units.
B.Â
The Borough of Bridgeport shall not be responsible for the collection,
transportation, processing, or marketing of materials or contracting
for the collection, transportation, processing, or marketing of materials
from commercial, industrial, or institutional establishments or from
community activities; provided, however, that the owners or occupiers
of commercial office buildings may request to have the Borough collect
recycling materials from such properties on the same basis as residential
properties for which the Borough collects recycling materials for
an annual fee set by the Borough Council by resolution from time to
time. The Borough may elect to reject any such request if the Borough,
in its sole discretion, determines that the amount of recyclable materials
generated from such commercial office building is excessive or burdensome
to the Borough.
C.Â
All persons owning or occupying commercial, industrial, or institutional
establishments or conducting community activities within the Borough
of Bridgeport and all other persons not served by the collection system
operated by the Borough of Bridgeport must establish a system for
source separation, collection, and transportation of designated recyclables
at each property within 30 days of the date of enactment of this article.
Arrangement for collection of designated recyclables for disposition
herein shall be the responsibility of the person who generated the
recyclables and/or the person contractually obligated to the generator
to arrange for collection and disposal of its solid waste. Such arrangements
may include, without limitation, direct marketing of recyclables,
delivery to a drop-off, contracts with solid waste collectors/haulers
for separate or commingled collection of any or all designated recyclables,
or contracts with other persons for separate or commingled collection
of any or all designated recyclables. The system must include suitable
containers for collecting and sorting materials at an easily accessible
location and written instructions to the occupants concerning the
use and availability of the system. All persons not served by the
collection system operated by the Borough of Bridgeport must provide
the Borough of Bridgeport, before January 30 of each year, a written
report stating the name of the hauling contractor (if the property
owner used one), the total weight of each kind of material recycled
during the previous calendar year, and any other relevant information
required by the Borough of Bridgeport.
D.Â
All community activities or events sponsored within the municipality
shall separate aluminum, glass, plastics, and corrugated cardboard,
store materials until collected by a registered municipal waste collector,
and provide written documentation, before January 30 of the following
year, to the municipality of the total weight of each kind of material
recycled.
E.Â
All municipal solid waste generated by persons throughout the municipality
shall be collected by a state-authorized municipal waste collector.
F.Â
Commercial, industrial and institutional establishments may be required
to provide proof of a contract with a registered hauler or proof of
proper self-disposal at a state-permitted disposal facility.
G.Â
Containers for municipal solid waste, recyclable materials, bulk
waste and yard waste set out for collection shall be placed at the
street curb or at the end of the driveway of the property from which
collected, but in no case within the paved cartway of the street.
It is the responsibility of the individual residents to place their
containers at curbside in time for collection by the municipal waste
collector. Containers shall not be placed in a location which obstructs
a public sidewalk or which impedes clear vision for motorists traveling
on the adjacent street or at intersections. Containers shall be taken
inside or removed from the curbside no later than 12:00 midnight of
the collection day.
H.Â
Bulk containers (such as dumpsters) shall not be permitted to overflow
or to have municipal waste strewn of left about them on the ground.
A violation of this provision shall be deemed a violation of this
article by the person on whose property the bulk container is located,
if it is located on private property.
A.Â
Nothing herein shall prevent any person from utilizing leaves for
compost, mulch, or other agricultural, horticultural, silvicultural,
gardening, or landscaping purpose.
B.Â
The occupant or owner of a home, apartment, or other residential
establishment shall separate leaf and yard waste from other municipal
solid waste. No leaf waste or yard waste shall be commingled with
other waste collected by the Borough or its agents, servants, or contractors.
The Borough, under regulations hereafter established, will collect
leaf waste source-separated by the owners or occupiers of properties
served by the Borough's trash collection program.
C.Â
Residents have the option of disposing of leaf and yard waste by
self-hauling to a state-permitted compost facility, such as the Heuser
Park Compost Facility in King of Prussia, Pennsylvania.
D.Â
All persons owning or occupying commercial, industrial, institutional,
and/or municipal establishments within the Borough shall collect and
separate leaf and yard waste in accordance with this article and store
the leaf and yard waste until collected and recycled. All persons
who are not served by the Borough's trash collection program
shall arrange for the separate disposal and processing of leaf and
yard waste at a composting facility or an agricultural, horticultural,
silvicultural, or other facility that processes or utilizes leaf waste
and/or yard waste for compost, mulch, or other beneficial uses.
E.Â
Owners, landlords and agents of owners or landlords will be responsible
for compliance with the collection of leaf waste and yard waste in
accordance with this article.
A.Â
It shall be unlawful for any person to place hazardous or residual
waste, as defined in Act 101, in mixed municipal solid waste or to
discard or otherwise dispose of hazardous or residual waste except
by disposition in compliance with applicable state and federal laws
and regulations. For specific material recycling and disposal requirements,
refer to Montgomery County or Pennsylvania Department of Environmental
Protection guidelines.
B.Â
It shall be unlawful for any person to place a used lead acid battery
in mixed municipal solid waste or to discard or otherwise dispose
of a lead acid battery except by delivery to an automotive battery
retailer or wholesaler, to a secondary lead smelter permitted by the
Environmental Protection Agency, or to a collection or recycling facility
authorized under the laws of this commonwealth.
C.Â
In accordance with Act 108, no person or company may dispose of a
covered device or any of its components with their municipal solid
waste. This type of waste requires special collection and disposal
arrangements. Information may be obtained from the county. Covered
devices include:
(1)Â
Desktop computers, laptop computers, computer monitors, and associated
central processing units (CPUs);
(2)Â
Computer peripherals (keyboards, mouse, printers, scanners, and faxes);
(3)Â
Radios, stereo equipment, and speakers;
(4)Â
Televisions and television screens; and
(5)Â
Associated cables, batteries, and battery backups.
D.Â
Companies recycling electronics in Pennsylvania must have R2 or similar
certification that assures the public that any information contained
in recycled devices is protected until the time the device is destroyed,
and that human health and the environment are protected at all steps
during the recycling process, whether the recycling occurs in the
United States or abroad.
E.Â
Large and small appliances containing Freon may not be combined with
municipal waste. These appliances contain CFCs and Freon that must
be removed by a certified professional, and these should be taken
to a Freon-certified handler. Freon-containing appliances may include
refrigerators, freezers, air conditioning units, dehumidifiers, water
coolers, and mini-fridges.
A.Â
It shall be unlawful for:
(1)Â
Any person other than the municipality, or another person authorized
by the municipality, to collect any designated recyclable that has
been placed for collection pursuant to this article.
(2)Â
Any person to violate, or to cause or to assist in the violation
of, any provision of this article.
(3)Â
Any person to hinder, to obstruct, to prevent, or to interfere with
this municipality or its personnel in the performance of any duty
under this article or in the enforcement of this article.
(4)Â
Any person to burn or cause to be burned outdoors for purposes of
disposal any municipal waste, leaf waste, or recyclable materials
that are required to be separated and collected pursuant to this article.
(5)Â
Any person to store, process or dispose of any regulated municipal
waste or designated recyclable material except at a facility or in
preparation for collection by a permitted collector as provided herein.
Not withstanding the foregoing, leaf waste and yard waste may be composted.
(6)Â
Any person to accumulate, dump, or deposit trash, recyclables, garbage,
ashes, rubbish, and/or other refuse on any private or public property
or grounds within the Borough.
(7)Â
Any person on whose property a bulk container is located to allow
bulk containers (such as dumpsters) to overflow or have municipal
waste or recyclables strewn or left about them on the ground.
B.Â
All unlawful conduct set forth in this section is hereby prohibited
and shall constitute a public nuisance.
This municipality or any other person collecting solid waste
generated within this municipality may refuse to collect solid waste
from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this article. Similarly,
this municipality or any other person collecting recyclables generated
within this municipality may refuse to collect recyclables from any
person who has contaminated recyclables with materials not designated
as acceptable recyclable material under an applicable section of this
article.
A.Â
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
that is in force in the municipality on the effective date of this
article.
B.Â
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless such renewal
or such contract shall conform to the requirements of this article.
A.Â
With the exception of those persons who directly deliver (self-haul)
their municipal waste and/or recyclables, it shall be unlawful for
any municipal waste collector to collect and/or transport municipal
waste or recyclable materials from any other person's property
within the municipality without being duly authorized by the Commonwealth
of Pennsylvania. Any and each such collection in violation hereof
from each location shall constitute a separate and distinct offense,
punishable as hereinafter provided.
B.Â
Any municipal waste collector operating within the municipality shall
provide for the collection of municipal solid waste, bulk waste, recyclable
materials, and leaf waste, including annual written reports to the
municipality of the materials collected. Such reports shall include
separate tonnages of each type of recyclable material, including leaf
waste, collected in the municipality for the past calendar year. Residential
and commercial tonnages shall be reported separately and residue percentage
shall be noted. A representative of the authorized collector shall
sign the reports. Such reports shall be provided to the municipality
within 30 days following the end of the calendar year.
C.Â
Any municipal waste collector operating within the municipality shall
provide the following information to the municipality.
(1)Â
The name of the municipal waste collector, the name of a contact
person, an email address, the business address, fax, and telephone
number of the business office and a twenty-four-hour emergency telephone
number to receive calls from persons in the municipality who receive
collection service.
(2)Â
An annual written recycling report with collected material tonnages, as outlined in § 470-12B.
(3)Â
Such other information as the municipality, in furtherance of this
article, shall deem appropriate and necessary.
D.Â
Any municipal waste collector operating within the municipality shall
issue warning notices of violations to persons failing to comply with
procedures for the separation, storage, and collection of bulk waste,
recyclable materials, and leaf waste, and provide a copy of such warning
to the municipality.
It shall be unlawful and a violation of this article for any
municipal waste collector to:
A.Â
Collect or transport any municipal solid waste, bulk waste, recyclable
materials, leaf waste, or yard waste from any person failing to source-separate
said materials in violation of this article.
B.Â
Commingle recyclables, leaf waste, or yard waste collected within
the municipality with municipal solid waste.
C.Â
Fail to provide for the proper disposition of any municipal solid
waste, bulk waste, recyclable materials, leaf waste, or yard waste
collected or transported within the municipality.
D.Â
Commence the collection of municipal waste, bulk waste, recyclable
materials, and leaf waste for any property in the municipality prior
to 7:00 a.m. or after 8:00 p.m.
E.Â
Load or operate any vehicle within the municipality or transport
municipal solid waste, bulk waste, recyclable materials, leaf waste,
or yard waste within the municipality in such a manner as to allow
municipal solid waste, bulk waste, recyclable materials, leaf waste,
or yard waste to fall upon public roads or upon land abutting the
public roads in the municipality.
F.Â
Fail to replace the containers with their lids or covers in place
at the location of collection in an orderly manner and off of the
roadway.
G.Â
Fail to accurately report the residential and commercial tonnages
of recyclable materials collected in the municipality in accordance
with this article.
H.Â
Otherwise create a public nuisance.
A.Â
Any person who violates any of the provisions of this article shall,
upon conviction thereof before a Magisterial District Judge, be fined
not more than $1,000, plus costs of prosecution, including reasonable
attorney's fees, incurred by the municipality and, in default
of payment of such fine and costs be imprisoned for not more than
30 days. Each day that a violation of each article continues, or each
section of this article, which shall be found to have been violated
continues in effect shall be deemed a separate violation. No judgment
shall be imposed until the District Justice imposes the date of determination
of a violation. If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure.
B.Â
Private haulers that violate any provision of this article may be
reported to the Pennsylvania Department of Environmental Protection
by the municipality and may be subject to the revocation of the commonwealth's
authorization to transport municipal waste, as described in the amended
Waste Transportation Safety Program, 27 Pa.C.S.A. § 6201
et seq.
The Code Enforcement Official, the Property Maintenance Officers,
Borough police officers, and other appointed Borough officials are
hereby individually and severally empowered to enforce the provisions
of this article. An inspection may consist of sorting through containers
and opening of solid waste bags to detect, by sound or sight, the
presence of any recyclable material. An inspection may also consist
of sorting through containers and opening of recyclable material containers
to detect, by sound or sight, the presence of any solid waste.
A.Â
In addition to any other remedy provided in this article, the Borough
of Bridgeport may institute a suit in equity where unlawful conduct
or public nuisance exists as defined in this article for an injunction
to restrain a violation of this article. In addition to an injunction,
the court may impose penalties as authorized by other chapters hereof.
B.Â
The penalties and remedies prescribed by this article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
the Borough of Bridgeport from exercising any other remedy provided
by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally
construed so as best to achieve and to effectuate the goals and purposes
hereof.
