[HISTORY: Adopted by the Borough Council
of the Borough of Jefferson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-1-1989 by Ord. No. 89-2]
This article shall be known as the "Jefferson
Borough Refuse Ordinance."
A.
ASHES
BULKY RUBBISH
BUSINESS, EDUCATIONAL, INDUSTRIAL OR COMMERCIAL UNIT
DISPOSAL
DWELLING UNIT
GARBAGE
PERSON
REFUSE
RUBBISH
As used in this article, the following terms shall
have the meanings indicated:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Includes discarded furniture, large household appliances
such as refrigerators, washing machines, bathtubs, sinks and commodes.
Includes, but is not limited to, the following, inter alia:
A building under one roof, one side of a double house having a solid,
vertical partition wall, or a combination of buildings or other enclosures,
occupied by an individual, partnership, unincorporated association,
joint venture, corporation or other entity as one party, or intended
for such occupancy, as a separate business, educational, industrial
or commercial establishment. In the event a building or a combination
of buildings within the same enclosure contains more than one such
establishment or the facilities or layout for more than one such establishment,
or any combination of the same, or in combination with any dwelling
unit, each such establishment, office or suite of offices, dwelling,
shop, store, repair or service station, warehouse space, or other
similarly contained facility or layout located in such building or
buildings shall constitute one unit.
Includes the storage, collection, disposal or handling of
refuse.
Each room, group of rooms, apartment, building or other enclosures
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by a person
living alone shall constitute one dwelling unit.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Includes any natural person, association, partnership, firm
or corporation.
All solid wastes except body wastes and shall include garbage,
ashes and rubbish.
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
B.
Word usage: The singular shall include the plural,
and the masculine shall include the feminine and the neuter.
A.
The unreasonable accumulation of garbage, rubbish
and refuse on any property in the Borough is and the same shall be
hereby prohibited.
B.
In addition, and separate from the foregoing, any
unauthorized accumulation of refuse on any premises is hereby declared
to be a nuisance and is prohibited. Failure to remove any existing
accumulation of refuse within three days after the effective date
of this article shall be deemed a violation of same.
A.
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight, easily washable containers, equipped with handles and tight-fitting covers, or disposable containers as set forth in § 137-5C of this article.
B.
Ashes shall be stored in fire-resistant containers
equipped with handles and tight-fitting covers. Ashes containing hot
embers shall not be collected until they have been adequately quenched.
C.
Rubbish shall be stored in durable containers with
tight-fitting covers. Tree trimmings, hedge clippings, old newspapers
and similar materials, which cannot be conveniently placed in the
aforementioned containers, shall be baled, tied or sacked in compact
bundles less than four feet in length and placed in a location easily
accessible to the collector.
D.
Bulky rubbish shall not be allowed to accumulate on
any premises except in containers which are approved by the Borough
in accordance with the specifications contained in this article.
E.
No person shall place refuse in any street, alley
or other public place, or upon any private property within the limits
of the Borough, unless it is placed in a proper refuse container for
collection. Likewise, no person shall throw or deposit refuse in any
stream or any other body of water.
F.
Certain materials, such as scrap lumber and firewood,
may be stored and kept on the premises, but they shall be stored so
that a minimum clear space of eight inches above the ground surface
is provided.
All refuse storage shall conform to the following
standards:
A.
General.
(1)
All refuse receptacles shall be provided by the owner,
tenant or occupant of the premises, unless otherwise specified.
(2)
The storage of all refuse by residents of the Borough
shall be practiced so as to prevent the attraction, harborage or breeding
of insects and/or rodents and to eliminate conditions harmful to public
health or which create safety hazards, odors, unsightliness and public
nuisances.
B.
Individual containers.
(1)
Individual containers utilized for the storage of
refuse at household and other premises shall have the following physical
characteristics:
(a)
Constructed in such manner as to be easily handled
for collection.
(b)
Not greater than 32 gallons' capacity.
(c)
Constructed of rust- and corrosion-resistant
materials.
(d)
Equipped with tight-fitting lids.
(e)
Constructed in such manner as to be watertight,
leakproof, weatherproof, insectproof and rodentproof.
(f)
Not exceed 50 pounds in weight when filled.
(2)
Containers shall not be filled to the point where
the lid will not fit properly.
(3)
The area around the containers shall be kept clean.
C.
Disposable containers.
(1)
Disposable containers, such as paper and polyethylene
bags, shall be acceptable for storage of refuse, provided the following
conditions are met:
(a)
Only those bags specially designed for storage
and collection shall be used.
(b)
Bags are protected against precipitation, animal
damage and overloading to prevent littering or attracting of vectors.
(c)
Bags shall have holding strength capable of
withstanding stresses until they are collected.
(d)
Bag opening is securely closed prior to setting
out for collection.
D.
Bulk containers. Bulk containers for commercial, industrial,
and institutional refuse shall meet the general and individual container
requirements previously set forth except for size limitations. Bulk
containers shall be sized according to the type or quantity of waste
production, equipment-handling capabilities, and the frequency of
collection.
E.
Open storage.
(1)
Certain wastes of a nondecomposable nature may be
stored temporarily in a manner other than containerization.
(a)
In order to minimize littering, magazines, newspapers,
wastepaper, tree prunings, brush and yard trimmings, when stored outside
of containers, shall be tied securely in bundles of such sizes as
to be readily handled by the collection system.
(b)
Tires and outsized wastes, such as furniture
and appliances, shall be stored so that water accumulation and rodent
harborage are prevented.
A.
Only a person under contract of the Borough may collect
refuse within the Borough of Jefferson.
B.
Any person collecting refuse within the Borough or
disposing of any refuse collected in the Borough shall comply with
all applicable laws, regulations, ordinances and resolutions of the
United States of America, Commonwealth of Pennsylvania, Pennsylvania
Department of Environmental Protection, County of York, Borough and
any authority or joint municipal association or venture with which
the Borough may become involved with regard to the collection and
disposal of refuse.
C.
No person shall hereafter dispose of any refuse collected
in the Borough, whether pursuant to contract with the Borough or directly
with the owner of property within the Borough as herein provided,
or otherwise, except by conveyance to a disposal facility operated
by the York County Solid Waste and Refuse Authority at such time as
such Authority's mass burn resource recovery facility begins to accept
refuse and, until such time, at a disposal facility approved by the
Pennsylvania Department of Environmental Protection and authorized
by the Borough Council.
D.
Except for the collection of bulky rubbish and large items as designated in § 137-7B(2) of this article, all vehicles used for the collection of refuse shall have watertight enclosed metal bodies of easily cleanable construction, equipped with compaction devices.
E.
The maximum number of containers and bundles of refuse,
in the aggregate, which shall be allowed each dwelling, business,
educational, industrial and commercial unit per collection shall be
as set forth in the Specifications for Collection and Disposal of
Refuse established from time to time by the Borough Council. The initial
specifications shall limit the maximum number of containers and bundles,
in the aggregate, to no more than five.
F.
Any person generating and disposing on the average
of the equivalent of one or more standard dumpsters of garbage, rubbish
and refuse every two weeks from a parcel of real estate situate in
the Borough on a routine basis, and desiring to make their own arrangements
with an authorized refuse collector for the disposal of the same,
may make such arrangements at that landowner's own expense, and the
Borough shall assume no liability whatsoever for such transactions.
In the event any such private arrangements are made by any such landowner,
the refuse fee established by this article shall not be imposed or
assessed upon such parcel of real estate and owner for the quarter-annual
period during which such private transactions are in effect; provided,
however, that such private collection shall be regularly made and
the aforesaid prohibitions against accumulation of garbage, rubbish
and refuse on such parcel shall not be violated.
A.
Place of collection. For collection purposes, except
where there is an agreement with the collector to the contrary, refuse
containers and bundles shall be placed at ground level, at curb side
on the property, easily accessible from the side of the street or
alley from which collection is made, and not within the cartway of
a street or alley.
B.
Frequency of collection.
(1)
There shall be at least one collection of all refuse
from each property each week.
(2)
There shall be two pickups each year for bulky rubbish
and large items, one during the spring and one during the fall, as
set forth in the Specifications for Collection and Disposal of Refuse
established from time to time by the Borough Council.
[Amended 12-6-2010 by Ord. No. 2010-03]
Each owner of a residential dwelling within
Jefferson Borough shall be required to pay to the exclusive contract
hauler a monthly, quarterly or semiannual fee for the collection,
transportation and disposal of municipal refuse and recyclable materials.
This fee shall be paid regardless of the amount or type of refuse
and/or recyclable material put out for collection and regardless of
whether the collection services are used by such owner or not. The
monthly, quarterly or semiannual fee charged by the exclusive contract
hauler shall be established by a contract to be entered into between
Jefferson Borough and the exclusive contract hauler pursuant to public
bidding requirements. The Borough accepts no responsibility whatsoever
for the collection of the fee to be charged to the owner of each residential
dwelling. The exclusive contract hauler shall be solely responsible
for the collection of the monthly, quarterly or semiannual fees.
[Amended 2-2-2009 by Ord.
No. 2009-01; 12-6-2010 by Ord. No. 2010-03]
A.
All refuse fees which remain unpaid 30 days after
the invoice date shall be deemed to be delinquent. All delinquent
accounts shall have added to them a penalty of $10. Thereafter, the
fee of $10 shall be imposed once during each quarter that the delinquent
balance remains unpaid. The Borough or exclusive contract hauler is
authorized to waive such penalty, in whole or in part, if either party
believes it is in the best interest of the Borough to do so.
B.
If the owner of a residential dwelling shall fail
to pay any charges or fees after the same become delinquent, the exclusive
contract hauler is authorized to file a civil suit against the owner
for the collection of refuse fees, related charges, penalties, interest,
and costs of collection, including reasonable attorneys’ fees,
and an administrative fee of $50.
C.
The Borough Council may appoint a collector to collect
this refuse fee at such compensation as Council may from time to time
establish.
[1]
Editor's Note: Former § 137-10, Liens; filing and
collection of liens, costs and fees, was repealed 12-6-2010 by Ord.
No. 2010-03.
Every owner of real estate situate within the
Borough shall provide the Borough with and thereafter shall keep the
Borough advised of his, her or its correct mailing address. Failure
of any person to receive bills for refuse charges imposed herein shall
not be considered an excuse for nonpayment thereof, nor shall such
failure result in an extension of the period of time during which
the said bills shall be payable at the face amount thereof.
A.
Any person who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600 or, in default of payment of such fine, then
to imprisonment for not more than 30 days.
[Amended 2-2-2009 by Ord.
No. 2009-01]
B.
Each day's continuance of a violation of this article
shall constitute a separate offense.
C.
In addition to, and not in limitation of, the remedies
of the Borough, the Borough may abate a nuisance created by any unreasonable
or unauthorized accumulation of refuse and may abate any other violation
of this article at the expense of the landowner.
D.
The contractor collecting refuse in the Borough pursuant
to a contract with the Borough agrees that the Treasurer for the Borough
shall be authorized to deduct from payments due or to become due the
contractor any amounts set forth in such contract as penalties, set-offs
or other deductions, provided that any such penalties are to be so
withheld if a violation of this article or such contract is proved
to the satisfaction of the Borough.
In any case where a provision of this article
is found to be in conflict with a provision of any zoning, building,
fire, safety, or health ordinance, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail. Except in such a situation
as just specified, any ordinance or part of an ordinance conflicting
with this article or which is inconsistent with the article shall
be and the same is hereby repealed.
