[Ord. No. 355, 12/15/1970,
§ 1; as amended by Ord. No. 12/12/2001C; and by Ord. No. 12/11/2002]
The following words, when used in this Part, shall have the
meanings ascribed to them in this section, except those instances
where the context clearly indicates otherwise.
Each bag will be a maximum thirty-gallon capacity.
If a property owner/resident/tenant chooses to use a container
to place a bag in for collection, each container will:
Be composed of either a metal or plastic material.
When filled, weigh no more than a total of 50 pounds.
Be maintained in sanitary manner and in a safe condition.
Be free of any defect, liable to hamper or injure collection
personnel or impede the safe emptying or handling of the container.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
sanitary sewage or industrial waste.
A single residential dwelling is counted as one household unit.
In a multiple residential dwelling consisting of more than one
unit, each individual unit is counted as a single household unit.
A single mobile home is counted as one household unit.
In a mobile home park, consisting of more than one mobile home,
each individual mobile home is counted as a single household unit.
A natural person, firm, copartnership, association or corporation.
Useless or worthless matter.
All items exceeding the prescribed limits (as prescribed in § 20-104); all prohibited items (as prescribed in § 20-105); all bulk items (i.e., chairs, sofas, TVs, etc.) for which prepayment/pickup arrangements must be made in advance (as prescribed in § 20-106); and any/all items as prohibited by either federal, commonwealth, Erie County and/or Borough of Wesleyville ordinance(s)/statute(s) from disposal in/at any landfill facility (such as, but not limited to, building materials, paints, petroleum products, etc.).
[Ord. No. 355, 12/15/1970;
§ 2; as amended by Ord. No. 12/12/2001C]
1.
No person shall keep or suffer to remain upon the premises thereof
any garbage/refuse except as herein provided. Pending disposal, as
authorized herein, all garbage/refuse will only be stored in the approved
bags or in approved bags in approved containers, in such limited quantities,
and for such limited period of time as will ensure that no annoyance,
health hazard or nuisance is created thereby.
2.
All garbage/refuse will be placed at curbside for collection no earlier
than 16 hours prior to the normal, weekly collection day/time.
3.
Storage of used building materials, furniture, appliances, and tires
on the exterior premises of the property shall be prohibited, unless
they are kept in such a way so as not to create a public nuisance
or hazard and are disposed of in a timely manner.
[Added by Ord. No. 2014-004, 5/28/2014]
[Ord. No. 355, 12/15/1979,
§ 3]
The contract for the collection of garbage and refuse from persons
in the Borough of Wesleyville, and for such period of time, is subject
to such regulations as the Borough may prescribe in accordance with
the Borough Code[1] and all other rules and laws regulating thereto.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Ord. No. 355, 12/15/1970,
§ 4; as amended by Ord. No. 376, 2/11/1974, §§ 1, 2; by Ord. No. 3/12/1997; by Ord. No.
5/14/1997; and by Ord. No. 12/12/2001C]
1.
Garbage/refuse will only be placed in the approved bags (see definition in § 20-101), and all bags must be securely sealed.
2.
If a property owner/resident/tenant desires to place garbage/refuse in an approved container, it must be placed in a container in accordance with the definition as contained in § 20-101.
4.
Containers of rubbish and garbage shall not be placed at curbside
for pickup no more than 12 hours before the scheduled pickup day.
[Added by 4/13/2005]
[Ord. No. 355, 12/15/1979,
§ 5; as amended by Ord. No. 376, 2/11/1974, § 3; by Ord. No.
12-13-1989, 12/13/1989; by Ord. No. 12/12/2001C; and by Ord. No. 12/11/2002]
1.
Garbage/refuse will be placed at curbside for weekly collection,
on the night prior to the normal collection day, unless either day
falls on a holiday. Rescheduled holiday collection will be the next
business day following the holiday unless otherwise announced.
2.
A maximum of four approved containers, bags and/or cans will be collected
weekly per household.
3.
Collection of garbage/refuse will be made from the street curbside of each household unit or designated pickup point for mobile home parks (see definition in § 20-101).
4.
The Borough reserves the right to refuse collection of any and all
garbage/refuse either not in compliance with all specifications as
stipulated in this Part or which may cause damage/harm/injury to Borough
employees or equipment.
5.
Disposal of the following items as garbage/refuse is prohibited:
[Ord. No. 355, 12/15/1979,
§ 4; as amended by Ord. No. 376, 2/11/1974, § 4; by Ord. No.
11281, 11/11/1981, § 6; by Ord. No. 11/--/1982A, § 6; by Ord. No. 1851, 2/--/1985, § 6;
by Ord. No. 31986, 3/26/1986, § 6;
by Ord. No. 11189, 1/11/1989; by Ord. No. 12-13-1989, 12/13/1989; by Ord. No. 12/12/1990, 12/12/1990; by Ord. No. 9/13/1995B, 9/13/1994; by Ord. No. 5/14/1997, 5/14/1997; by Ord. No. 011200-A, 1/12/2000; by Ord. No. 12/12/2001C; by Ord. No. 12/11/2002; and by Ord. No. 3/10/2004F]
1.
The charges for the collection and disposal of garbage, either by
collection of the garbage at the curb or by means of a disposal unit
discharging into the sanitary sewer system of the Borough, or by a
combination of both thereof, and for the collection and disposal of
refuse shall be as follows:
A.
A single-family dwelling: $224 per year.
[Amended by Ord. No. 12122007C, 12/12/2007; by Ord. No. 2008-008, 12/22/2008; by 12/22/2010; by Ord. No. 2012-10; by Ord. No. 2017-003, 12/28/2016; and by Ord. No. 2019-003, 12/19/2018]
B.
A multiple-family dwelling: $224 per year.
[Amended by Ord. No. 12122007C, 12/12/2007; by Ord. No. 2008-008, 12/22/2008; by 12/22/2010; by Ord. No. 2012-10; by Ord. No. 2017-003, 12/28/2016; and by Ord. No. 2019-003, 12/19/2018]
C.
Business or Commercial:
(1)
$224 per year for regular, once per week pickup.
[Amended by Ord. No. 12122007C, 12/12/2007; by Ord. No. 2008-008, 12/22/2008; by 12/22/2010; by Ord. No. 2012-10; by Ord. No. 2017-003, 12/28/2016; and by Ord. No. 2019-003, 12/19/2018]
(2)
Additional service to businesses is available and billed on
a quarterly basis, based on the average additional quarterly pickup
required.
(3)
A business operator/owner may engage a private contractor to collect garbage/refuse and will not be assessed the annual $124 charge [Subsection 1C(1) above]. If a business operator/owner engages a private contractor, a copy of the contract must be provided to the Borough office (located at 3421 Buffalo Road) prior to the contract commencement date.
D.
The charges herein provided shall be billed in quarterly installments
February 5, May 5, August 5 and November 5.
E.
All charges herein provided, or any part thereof, shall be a lien
on the real property of those using the service of the Borough of
Wesleyville for the collection and disposal of garbage and refuse,
and upon failure of payment after said payment is due as herein provided,
the Borough may at its option discontinue said service.
F.
The charges herein provided and not paid as herein provided may be
collected by authority of all laws made and provided therefor and
especially as provided in The Borough Code, Act No. 581 of 1965,[1] and its amendments thereto; and especially as provided
by that certain Act of Assembly relative to Municipal Claims, 1923,
May 16, P.L. 207, 1929, April 30, P.L. 902, as amended 1945, April
17, P.L. 236,[2] and its amendments thereto.
G.
If the total year's payment is made prior to the first quarter
due date, a discount of 5% will be deducted.
H.
Stickers for additional garbage/refuse to be collected beyond the limit (as prescribed in § 20-104) may be purchased at the Borough municipal office (located at 3421 Buffalo Road in Wesleyville, Pennsylvania 16510). Each sticker will be $0.75, effective January 1, 2002, for the January to December 2002 period and set, thereafter, by Borough Council by resolution in June of each year for the following January to December period as prescribed by Borough of Wesleyville Ord. No. 011399, dated January 13, 1999.
I.
Arrangements and payment for the collection of all bulk items (i.e.,
chairs, sofas, TVs, etc.) must be made in advance at the Borough municipal
office, and these items will be picked up at curbside on the next
scheduled collection day following payment being made. Fees for collection
of bulk items will be set, annually, by Borough Council by resolution
in June of each year for the following January to December period,
as prescribed by Borough of Wesleyville Ord. No. 011399, dated January
13, 1999.
J.
Reduction/Suspension of Garbage/Refuse Charges.
(1)
A property owner may request a credit to garbage/refuse service
charges if a property is temporarily vacant for a period of at least
six consecutive months.
(a)
"Temporary" is defined as a period of one year or less. The
property owner must provide a written request, attesting to the details
of the property vacancy, and include at least the following:
(b)
Temporary credits will only be applied to a garbage/refuse service
charge for the cost of landfill/transfer station tipping fees. A temporary
credit is only allowed for a quarter's vacancy period, following
a minimum six consecutive months of vacancy.
(2)
Permanent removal from the collection/collection route and exemption
from garbage/refuse service charges will only be considered by written
request. The Borough Council will consider and approve/disapprove
each request for permanent removal on a case-by-case basis. Approval
of a permanent removal request will only affect billing for future
quarters and not result in a credit to prior quarters.
[Ord. No. 355, 12/15/1970;
as amended by Ord. No. 12/12/2001C]
All unauthorized garbage/refuse and/or items and/or uncollected
items remaining at curbside after the regularly scheduled collection
day/time must be removed from curbside within 16 hours of the regularly
scheduled collection day/time by the property owner/resident/tenant,
and either properly disposed of (in accordance with all federal, commonwealth,
Erie County, and/or Borough of Wesleyville ordinance(s)/statute(s)
or (if collectable by Borough of Wesleyville refuse collection resources)
stored properly until the next regularly scheduled collection day/time
as prescribed by this Part.
[Ord. No. 355, 12/15/1970,
§ 8; as amended by Ord. No. 12-13-1989, 12/13/1989; by Ord.
No. 12/12/2001C; and by Ord. No.
10112006, 10/11/2006]
Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every such violation or
noncompliance, be guilty of a summary offense, punishable by a fine
of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Ord. No. 12/8/1993B, § 1;
as amended by Ord. No. 8/9/1995A, § 201; and by Ord. No. 12/12/2001A]
1.
Persons residing in Wesleyville Borough shall separate aluminum,
tin cans, clear colorless glass bottles and jars, newspaper, magazines
and inserts and any other recyclable items(s) that is either now designated
or that might be designated by the Borough of Wesleyville in the future
from other municipal waste generated at their homes, apartments and
other residential establishments and store the separated recyclables
until they are delivered to a designated recycling dropoff or collected
by Wesleyville Borough.
[Ord. No. 12/12/2001A]
2.
Persons residing in Wesleyville Borough are to separate leaf waste
from other waste generated at their homes, apartments and other residential
establishments until the leaf waste is transported to the Borough's
designated and DEP-approved leaf and lawn waste composting facility.
Persons may compost leaf waste on their property or on other private
property where a leaf collection facility has been established by
the property owner.
[Ord. No. 12/12/2001A]
3.
An owner, landlord or agent of multifamily rental properties shall
establish for each rental property a collection system for recyclable
materials and leaf waste generated by his/her tenants or occupants.
This collection system shall include suitable containers for collecting
sorting materials, easily accessible location for the containers and
written instructions to the tenants or occupants concerning the use
and availability of the collection system.
4.
No existing recyclable item [e.g., aluminum, brush (i.e., branches,
garden clippings, etc.), cardboard, glass, leaf waste, newspaper,
plastic, tin] or any other recyclable item that the Borough may wish
to designate in the future shall be disposed of by any other means
(e.g., burning, depositing with garbage or by other means) other than
through a recognized recycling program (e.g., as recognized by the
Erie County Recycling Division of the Erie County Department of Planning).
The burning of any recyclable item, either now designated or that
might be designated by the Borough of Wesleyville in the future, is
strictly prohibited.
5.
AUTHORIZED AND UNAUTHORIZED RECYCLING
HOUSEHOLD UNIT
A.
B.
C.
D.
Definitions.
Authorized recycling is only as defined within this Part;
and all unauthorized recycling is as stipulated by either federal,
commonwealth, Erie County and/or Borough of Wesleyville ordinance(s)/statute(s).
A single residential dwelling is counted as one household unit.
In a multiple residential dwelling consisting of more than one
unit each individual unit is counted as a single household unit.
A single mobile home is counted as one household unit.
In a mobile home park consisting of more than one mobile home,
each individual mobile home is counted as a single household unit.
[Ord. No. 12/8/1993B, § 2;
as amended by Ord. No. 12/12/2001A]
1.
Persons employed by or participating in the operations or activities
of commercial, industrial, municipal and institutional establishments
and community activities in Wesleyville Borough shall separate aluminum,
steel and bimetal cans, plastic bottles (milk, soda and detergent),
colorless glass, newspaper and any other recyclables the Borough may
wish to designate in the future from other municipal waste generated
at the establishment, and the organizers of the community activity
can comply with their responsibilities under this Part by establishing
a collection system for recyclable materials at each establishment
or community activity. The collection system must include suitable
containers for collecting and sorting materials, easily accessible
locations for the containers and written instructions concerning the
use and availability of the collection system. Owners and managers
of establishments and organizers of community activities who comply
with this Part shall not be liable for the noncompliance of persons
in their establishments or participants in their activities. The separated
materials shall be stored until they are transported to a recycling
center or collected by Wesleyville Borough for delivery to the recycling
center. Persons occupying commercial, industrial, institutional and
municipal establishments within the Borough of Wesleyville shall be
exempt from the requirements of this Part if those persons have otherwise
provided for the recycling of materials they are required by this
section to recycle. To be eligible for an exemption, a commercial,
industrial, municipal or institutional solid waste generator must
annually provide written data to the Borough, not later than January
30 of each year, documenting the items recycled for the prior year
(January 1 through December 31). The data provided must include at
least the following:
2.
Persons employed by or participating in the operations or activities
of commercial, industrial, municipal and institutional establishments
and community activities shall separate leaf waste from other waste
and store leaf waste until it is transported to the Borough's
leaf and lawn waste composting facility. The leaf waste may be composted
on the property of the establishment or on other private property
where a permitted leaf composting or permitted leaf collection facility
has been established by the property owner.
[Ord. No. 12/8/1993B, § 3;
as amended by Ord. No. 8/9/1995A, § 203; and by Ord. No. 12/12/2001A]
1.
All persons residing in the Borough, employed or otherwise participating
in the activities of commercial, industrial, municipal, institutional
establishments or community activities in the Borough, are required
to separate the materials identified in this Part from their other
municipal waste. Except for the reporting requirements noted for commercial,
industrial, and institutional establishments, methods of preparation,
transportation, sale, collection or delivery of the separated materials
to recycling centers, buyback centers or other processors of recycled
materials is at the discretion and option of the persons or institutions
separating the materials from the waste.
2.
Collection of recyclable materials will be made biweekly as follows:
[Ord. No. 12/8/1993B, § 4;
as amended by Ord. No. 8/9/1995A, § 204]
1.
All persons, businesses, industrial, municipal and institutional establishments and community activities in Wesleyville Borough are required to separate the materials identified in §§ 20-201, 20-202, and 20-203 from their other municipal wastes. The Borough will provide service to collect recyclables from the curbside or other locations designated by the Borough every other week.
2.
Recyclable materials shall not be placed at the curb more than 24
hours prior to the scheduled time of collection. Recyclable materials
must be placed at the curb and in the appropriate containers for Borough
pickup. No other person, business or entity may remove the material
without the Borough's written permission.
[Ord. No. 12/8/1993B, § 5;
as amended by Ord. No. 8/9/1995A, § 205]
1.
Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every such violation or
noncompliance, be guilty of a summary offense, punishable by a fine
of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Amended by Ord. No. 10112006, 10/11/2006]
2.
Revenues generated and all fines levied, assessed and paid under
the terms of this Part shall be payable by the Magisterial District
Judge to the Treasurer of the Borough for the use of recycling operations
of the Borough.
