[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]
A. 
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
BULKY RUBBISH
Includes discarded furniture, large household appliances such as refrigerators, washing machines, bathtubs, sinks and commodes.
BUSINESS, EDUCATIONAL, INDUSTRIAL OR COMMERCIAL UNIT
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.
DISPOSAL
Includes the storage, collection, disposal or handling of refuse.
DWELLING UNIT
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.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
PERSON
Includes any natural person, association, partnership, firm or corporation.
REFUSE
All solid wastes except body wastes and shall include garbage, ashes and rubbish.
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.
(3) 
A sufficient number of containers necessary to meet the intent of Subsection A(2) immediately above shall be provided to contain all waste materials generated between regularly scheduled collections.
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.