Part 3
Borough Cleanup
§20-301 Statutory Authority.
This Part is adopted in conformance with and pursuant to authority granted by §1202(2), (8) of the Borough Code, 53 P.S. §46202(2), (8), as amended.
(Ord. 620, 1/6/1992, §1)
§20-302 Definitions.
The following words used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:
Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.
Council–the Council of the Borough of Selinsgrove, Snyder County, Pennsylvania.
Garbage–any discarded animal or vegetable matter.
Person–a natural person, firm, partnership, association, corporation, trust or any entity with legal responsibilities. Whenever used in any clause prescribing or imposing a fine or imprisonment, or both, “person” shall mean, as applied to associations, the partners or members thereof and, as applied to corporations, the officers thereof.
(Ord. 620, 1/6/1992, §2)
§20-303 Purpose.
This Part is enacted to promote the general health, welfare and safety of the community by establishing a Borough service by which residents may conveniently and legally dispose of certain items of refuse which they may otherwise find inconvenient to dispose of legally and, in imposing a fee for the service, by generating funds to help pay for the service.
(Ord. 620, 1/6/1992, §3)
§20-304 Establishment of Annual Refuse Collection.
Once a year, on certain days to be announced and specified by the Borough for the various sections of the Borough, the Borough shall collect certain refuse from residential establishments where such refuse has been placed at the curbside for collection in accordance with any rules and regulations pertaining thereto. This collection of refuse may be referred to as “Cleanup Day(s).”
(Ord. 620, 1/6/1992, §4)
§20-305 Prohibited Refuse.
The Borough shall not collect the following refuse under the collection service established by this Part:
A. Refuse or solid waste prohibited for disposal at the Lycoming County Landfill or at any other site at which the Borough is required to dispose of refuse or solid waste.
B. Garbage.
C. Any material declared a recyclable by Part 2, “Recycling,” of this Chapter of the Code of the Borough of Selinsgrove, as amended.
D. Waste from any commercial, industrial or institutional establishments as such are defined in the Solid Waste Management Act, 35 P.S. §6018.103.
E. Any material otherwise refused by the Borough as unsuitable for its collection because of size, weight, shape, form, actually or potentially hazardous or toxic condition or other factor that would make the Borough’s collection of the material onerous, burdensome or illegal.
(Ord. 620, 1/6/1992, §5)
§20-306 Fees.
A per-quarter fee of in an amount as established, from time to time, by resolution of Borough Council is imposed upon each residential and commercial establishment within the Borough for use of the refuse collection service established by this Part to help pay for its cost. This fee must be paid whether or not the refuse collection service is used by the establishment. An establishment shall be equivalent to the dwelling unit that quarterly receives a water bill from the Borough for water service, and the fee shall be billed quarterly with that water bill. A bill for refuse collection services that is unpaid after its due date shall be delinquent and shall be subject to a one-time only penalty of 25 percent of the amount due. In order for the establishment to cure the delinquency, the establishment must pay the delinquent bill, together with the penalty. Failure to pay delinquent bills for two quarters may result in a lien being imposed against the delinquent establishment in the amount of the delinquent bills and penalties, together with interest, attorney’s fees and court costs provided for in the Pennsylvania Municipal Claim Law, 53 P.S. §7101 et seq. The procedure for imposition and schedule for the amount of attorney’s fee set forth in §26-112 of Chapter 26, “Water,” shall apply hereto, which Section is incorporated herein by this reference. The Borough Council may from time to time, by duly adopted resolution, change the amount of the fee imposed here, which change in fee shall have full force and effect as a part of this Part.
(Ord. 620, 1/6/1992, §6; as amended by Ord. 679, 5/3/1999, §3(f); by Ord. 708, 12/2/2002, §3(a); and by Ord. 825, 10/3/2016, §5(B))
§20-307 Further Rules and Regulations.
By duly enacted resolution, the Council may from time to time make further rules and regulations and impose other fees or charges pertaining to the refuse collection service established by this Part, which rules, regulations, fees and charges shall have full force and effect as part of this Part.
(Ord. 620, 1/6/1992, §7)
§20-308 Notice.
The Borough shall give notice of a collection under this Part by publication in newspaper of general circulation in the Borough not more than 30 and not less than seven days beforehand.
(Ord. 620, 1/6/1992, §8)
§20-309 Violations and Penalties.
Any person who violates any provision of this Part, especially who does not pay the fee imposed in §20-306, shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in enforcement proceedings and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. In addition to these penalties, the Borough shall have whatever other recourse in law or equity it may have to enforce this Part. Upon filing of a municipal claim to secure payment of the fee imposed in §20-306, a 5 percent attorney’s commission and 10 percent annual interest shall be due.
(Ord. 620, 1/6/1992, §9; as amended by Ord. 825, 10/3/2016, §5(B))