Chapter 8

Part B: Garbage   - (OR2-1957)

100.00 DEFINITIONS:
100.01 The following words, when used in this ordinance, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
100.10 Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods.
100.11 It shall not include more than a minimum amount of free liquids.
100.12 It shall not include food-processing wastes from canneries, packing plants, or similar industries, nor large quantities of condemned food products.
100.20 Ashes” means the residue from the burning of wood, coal, coke and other combustibles materials for the purposes of heating and cooking.
100.21 It shall not include the cinders produced in steam generating plants.
100.30 Rubbish” means all waste materials, not included in garbage and ashes except building rubbish from building constructions, street refuse, industrial refuse, dead animals, abandoned large machinery or vehicles or such other waste.
100.40 Refuse” means garbage, ashes and rubbish as herein defined.
100.50 Person” means a natural person, firm, co-partnership, association or corporation.
   
200.00 ADMINISTRATION:
200.10 All refuse accumulated in the Borough of Saegertown shall be collected, conveyed and disposed of by the Borough.
200.11 The cost of such service shall be paid for as provided in Section 500 hereof by the person producing the refuse, or responsible for the existence or disposal thereof, or for whom such refuse is removed.
200.12 It shall be unlawful for any person to collect, convey over any of the streets, or alleys of the Borough, or dispose of, any refuse accumulated in the Borough;
200.13 Provided, however, that this ordinance shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse;
200.14 If such producers or owners comply with all regulations for collection, conveyance and disposal prescribed in this Ordinance or made by Council of the Borough under the terms hereof.
200.15 Provided further that collectors of refuse from outside of the Borough shall have the right to haul such refuse over the Borough streets, if such collectors comply with the provisions of this Section as to their equipment and vehicles, the operation of such equipment and vehicles and also as to this disposal of such refuse.
200.20 The collection and disposal of refuse in the Borough of Saegertown shall be under the supervision of the Borough Council.
200.21 Council shall have 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 it may deem advisable.
200.22 Council shall have the authority to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
200.30 The producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, and persons who desire to dispose of waste material not included in the definition of refuse, and collectors of refuse from outside of the Borough who desires to haul over the streets of the borough.
200.31 Shall use a water-tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled.
200.32 The Borough Council shall have authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over Borough Streets by collectors of refuse from outside of the Borough as it may deem necessary.
   
300.00 PRECOLLECTION PRACTICES:
301.00 Preparation of Refuse:
301.10 All garbage before being placed in garbage cans for collection shall have drained from it all free liquids and may be wrapped in paper.
301.20 All rubbish shall be drained of liquids before being deposited for collection.
302.00 (Reserved)
303.00 Refuse Containers:
303.10 The containers for garbage, ashes, rubbish and other refuse shall be in accordance with specifications and regulations promulgated from time to time by the Borough Council.
303.20 All refuse receptacles shall be provided by the owner, tenant, lessee, or occupant of the premises.
303.21 All refuse receptacles shall be maintained in good condition.
303.22 Any receptacle that does not conform to the provisions of this ordinance or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice.
303.23 Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
303.24 All refuse containers (except approved dumpsters), when full, must weigh less than 75 pounds.
304.00 Storing of Refuse:
304.10 No person shall place any refuse in any street, alley or other public place or upon any private property whether owned by such person or not, within the Borough except it be in proper receptacles for collection or under an express approval granted by the Borough Council.
304.11 No person shall throw or deposit any refuse in any stream or other body of water.
304.20 Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.
304.21 Failure to remove any existing accumulation of refuse within thirty days after the effective date of this ordinance shall be deemed a violation of this ordinance.
305.00 Covers:
305.10 It shall be unlawful for any person, other than the occupants of the premises on which refuse receptacles are stored, or the collector, to remove the covers of any of the contents of refuse receptacles.
306.00 Bury Garbage:
306.10 It shall be unlawful for any person to bury garbage anywhere within the said Borough.
307.00 Burning:
307.10 It shall be unlawful for any person to burn garbage or rubbish within the said Borough, except that paper or paper products may be burned in metal barrels or similar enclosed containers, with the proper permit from the Borough.
308.00 Points of Collection:
308.10 Refuse receptacles shall be placed for collection at ground level on the property;
308.11 Not within the right-of-way of a street or alley.
308.12 Accessible to and not more than ten (10) feet from the side of the street or alley from which collection is made.
308.13 Provided that receptacles may be placed for collection at other than ground level and at a distance of more than ten (10) feet when approved by the Borough Council and an additional payment for the extra service is agreed upon by both parties.
   
400.00 COLLECTION PRACTICES:
401.00 Frequency of Collection:
401.10 Refuse shall be collected at least once a week.
401.20 Hotels, restaurants and such other business and institutions as deem it necessary may enter into an agreement for a greater frequency of collection.
401.30 Where necessary to protect the public health, the Borough Council may require that more frequent collections be made.
402.00 Limitation on Quantity:
402.10 It is the intent of the ordinance that the reasonable accumulation of refuse of each family for the collection period will be collected for the standard charge.
402.11 The Borough Council may refuse to collect unreasonable amounts of refuse or may make an additional charge for such amounts.
402.20 It is the intent of this ordinance that large restaurants, hotels, apartments, and other business and institutions shall be permitted to hire the services of a private contractor and use dumpsters for their waste disposal.
402.21 The Borough Council may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
403.00 Special Refuse Problems:
403.10 Contagious Disease Refuse:
403.11 The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the Health Officers;
403.12 Such refuse shall not be placed in containers for regular collections;
403.20 Inflammable or Explosive Refuse;
403.21 Highly inflammable or explosive materials shall not be placed in containers for regular collection;
403.22 Highly inflammable or explosive materials shall be disposed of as directed by the Borough Council at the expense of the owner or possessor thereof.
403.23 Any other items as set by resolution of Borough council, or any items restricted by law.
   
500.00 FEES:
500.10 The fees for the collection and disposal of refuse shall be such as fixed by the Borough Council from time to time; as set by resolution.
500.20 All accounts shall be billed monthly with the water bill, and shall be subject to the late penalties, interest and collections fees the same as the water bill.
500.21 All delinquent accounts are subject to stoppage of water and refuse service with proper notice.
500.22 If a delinquent account is not paid by the 20th of the month, the Borough Council shall cease all refuse collection for that account unless Borough Council specifically directs otherwise.
500.23 Service shall be resumed thereafter only on payment of the accumulated fees as set by resolution of Council for the period of collection and the period of non-collection unless Borough Council specifically directs otherwise.
500.24 The stoppage of services hereinbefore authorized for non-payment of collection charges shall be in addition to the right of the Borough to precede for the collection of such unpaid charges by an action in assumpsit or, at the election of the Borough, in any other manner provided by law for the collection of a municipal claim.
   
600.00 ADVERTISEMENT FOR BIDS:
600.10 The proper officers of the Borough are authorized and directed from time to time to advertise for bids for the collection and removal of garbage and other refuse for the said Borough by contract and to enter into a contract with the successful bidder, and otherwise provided for continuous collection and removal of the same.
   
700.00 PENALTY FOR VIOLATION:
700.10 Any person, whether as principal agent or employee, violating or assisting in the violation of any of the provisions of this ordinance or of any regulation made by Council under the provisions hereof shall, upon conviction thereof pay a Class B fine as set by resolution of Council and in default of the payment of such fines and costs of prosecution, shall be imprisoned in the County Jail for a period of no more than ten (10) days or a period of time set by resolution of Council.
700.20 After notice, each day’s neglect to comply with the provisions of this ordinance or any such regulation shall be deemed a separate offense and be subject in all respects to the same Class B penalty as set by resolution of Council, as the first offense, and separate proceedings may be instituted and separate Class B penalties as set by resolution of Council, imposed for each such day’s offense after the first conviction.
   
800.00 SEVERABILITY:
800.10 It is the intention of Council that each separate provision of this ordinance shall be independent of all other provisions herein.
800.20 It is further the intention of Council that if any of the provisions of this ordinance be declared to be invalid, all of the other provisions hereof shall remain valid and in force.
   
900.00 Enacted:
900.10 ORDAINED ANDENACTED this 3rd day of June, 1957.