Click here to see the Trash Schedule, Rules and Regulations
Please click here to read Ordinance #941, further amending the Garbage, Rubbish and Refuse Ordinance, to be effective June 1, 2010. Ordinance #944 is another amendment that was passed on August 16, 2010 to exempt certain rental units from the trash and recycling fee.
Part 1, Storage, Collection and Disposal [Adopted 6-11-1970 as Ord. No. 384; amended in its entirety 10-5-1987 by Ord. No. 598; amended 5-19-2010 by Ord. No. 941]
ARTICLE I, General Provisions
This Part 1 shall be known and may be cited as the "Perkasie Borough Refuse Storage, Collection and Disposal Ordinance of 1970," as amended.
96-2. Legislative intent.
Pursuant to the authorization granted by Act 581 of the General Assembly, approved February 1, 1966, ' 1202 (the Borough Code), as amended, the purpose of this chapter is to promote, protect and facilitate the public health, safety, morals and general welfare by:
A. Instituting a mandatory recycling program in accordance with recommendations of the State Assembly whereby the borough shall be the sole agent regulating collection of solid waste and requiring residents to purchase borough disposal bags for the disposal of rubbish and garbage.
B. Regulating the collection, accumulation and storage of solid wastes so as to:
(1) Retard the propagation and the harboring of rats, mice, mosquitoes, flies and other vermin.
(2) Eliminate filth and filthy deposits.
(3) Reduce the opportunity for growth of pollen-bearing grasses and weeds.
(4) Eliminate attractive nuisances which may endanger the safety of children.
(5) Reduce the potential pollution of land, air or water and the disease-producing potential of decaying organic matter.
(6) Reduce the potential of spontaneous combustion and fire.
(7) Generally promote harmonious, peaceful and comfortable neighborhood life by the elimination of nuisances.
(8) Provide for the preservation of valuable natural resources through the elimination of recyclable materials from collection and landfills.
C. Providing for the safe, orderly and economic collection and removal of accumulated waste.
D. Provide for the disposal of solid waste in safe and sanitary methods and in compliance with applicable state and local rules and regulations.
E. Comply with the purpose and intent of Act No. 241, the Pennsylvania Solid Waste Management Act.EN
The following words, when used in this chapter, shall have the meanings ascribed to them in this chapter, except in those instances where the context indicates otherwise:
The residue resulting from the burning of wood, coal, coke or other combustible material. This definition excludes ashes resulting from industrial process.
AUTHORIZED COMMERCIAL COLLECTOR
A person, firm or corporation licensed to collect, convey and dispose refuse in accord with the provisions of this chapter.
An empty food or beverage container consisting of ferrous sides and bottom and an aluminum top.
The Borough of Perkasie.
BUILDING or ACCESSORY STRUCTURE
A building or other structure constructed, existing and used in conformity with the zoning, building and fire prevention ordinances, codes and regulations of the Borough of Perkasie.
Large household appliances, such as stoves, refrigerators, television sets, washing machines or the equivalent in size in; furniture and furnishings, plumbing fixtures, large crates, tools, machinery or parts thereof and similar items.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing, material, sheathing, rubble, broken concrete, plaster and brick, conduit, pipe, wire, insulation and similar material which results from a construction, demolition or remodeling process.
The County of Bucks and its regulatory agencies.
DISPOSAL BAG or BOROUGH DISPOSAL BAG
Any plastic bag distributed solely by the borough or its agents which shall bear an identification mark established by the borough. This shall be the only means by which borough residents can dispose of their rubbish and garbage.
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one (1) family.
All animal and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.
Clean bottles and jars made of clear, green or brown glass. Expressly excluded are non-container glass and porcelain and ceramic products.
Paper (except newspaper), wood, excelsior, plastics, rags and cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery and similar items normally produced by or originating from private residential occupancy; provided, however, that the items set forth herein need not be produced by or originate from a residence to be classed as "household rubbish" so long as such waste is similar to the waste produced by or originating in a residence as to size, weight and material. "Household rubbish" specifically excludes materials designated as recyclable.
INDUSTRIAL AND COMMERCIAL WASTE
Any material or substance which is a waste byproduct of the industrial or commercial process and shall include packaging materials and equipment used in the delivery or shipment of goods to or from the industrial or commercial site.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
MUNICIPAL COLLECTION SERVICE
A collection service established and operated by the Borough of Perkasie or a private collection service under contract with the borough.
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
Includes poisons, acids, caustics, explosives and other hazardous material that may cause damage or injury to collection equipment or personnel; human or animal excreta; and dead animals.
Includes any natural person, association, partnership, firm or corporation.
Those materials specified by the borough for collection in accordance with recycling regulations. Such material may include, but not be limited to, aluminum products, clean glass containers, bimetal containers, newspapers, magazine and periodicals, plastic containers and yard wastes. What constitutes "recyclable material" may change depending upon what the borough is able to dispose of through municipal recycling efforts.
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste.
All solid wastes, except body wastes, and shall include, but not be limited to, ashes, rubbish, garbage, industrial and commercial wastes and junk, except that "refuse" shall specifically exclude hazardous waste.
Solid waste exclusive of garbage (e.g., non recyclable glass, metal, paper or plastic and plant material, wood or nonputrescible solid waste).
Uncontrolled or unauthorized removal of recyclable materials/recyclables from the Borough Recycling Center or from curbside after being placed there for collection by the borough. [Added 6-20-1988 by Ord. No. 602]
The Commonwealth of Pennsylvania and its regulatory agencies.
Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
ARTICLE II, Refuse Disposal Sites
96-4. Disposal restricted to approved sites.
It shall be unlawful to dump, destroy or otherwise dispose of refuse within the jurisdictional limits of the borough except at a state- or county-approved disposal site.
96-5. Disposal to be at designated sites.
All refuse shall be deposited and disposed of at a site designated by the County of Bucks as a county landfill or other state-approved disposal site.
An exception to the above requirement to deposit or dispose of refuse at a state-approved site shall be for scrap or salvageable material which may be delivered or sold to a process for reclamation and salvaging.
ARTICLE III, Accumulation and Storage
96-7. Compliance required.
No person shall accumulate or store or permit to be accumulated or stored on any property within the Borough of Perkasie any refuse in a method or in quantities not authorized by this chapter and as hereinafter specified; provided, however, that these regulations shall not apply to any refuse accumulated or stored within a building or accessory structure constructed and maintained in accordance with duly established health, zoning and building laws, codes and regulations, nor to the storage of clean material designated as a recyclable by the borough.
96-8. Method of storage and accumulation; composting.
A. Garbage shall be drained of liquid, wrapped securely in paper, plastic bags or similar material and placed with other household rubbish in an approved container, as provided in ' 96-9. Garbage shall not be stored for a period exceeding seven (7) days. An exception to the above accumulation and storage methods for restaurants, institutions and commercial food-handling and processing uses may be granted by the borough through written agreement setting forth the specific conditions and regulations to be applied.
B. Material being composted shall be stored in such a manner as not to create a nuisance or to endanger the public safety. Given this condition, material being composted may be stored for more than seven (7) days.
96-9. Household rubbish.
A. Authorized containers and packaging. Household rubbish and garbage shall be collected, stored and/or prepared for collection only in the following containers and methods:
(1) The municipal collection service shall be the sole collecting service for residential rubbish and garbage.
(2) For disposal of rubbish and garbage, borough residents will be required to purchase borough disposal bags and to place all household rubbish and garbage for collection in those bags. The borough will only collect household rubbish and garbage contained in the borough disposal bag. This bag shall not be filled so as to weigh more than forty (40) pounds and shall be securely tied or sealed at the time of collection.
(3) Tree trimmings, shrubbery clippings and similar material shall be cut in lengths not to exceed four (4) feet and securely tied with string or twine in bundles not more than two (2) feet in diameter. Collection shall be arranged on a individual basis with the borough. Trimmings not prepared as prescribed will not be collected. The Borough Manager or his designee may determine an amount of trimmings to be excessive and refuse collection. Material denied for collection under this provision may be collected by a private hauler.
B. Household rubbish and garbage shall not be stored in a manner that creates offensive or obnoxious odors.
C. General storage methods.
(1) Generally, household rubbish must be stored in borough disposal bags as authorized by ' 96-9A. Where metal or rigid plastic containers are used for the temporary storage of material, the bottoms and sides of such shall be kept free of residual liquids and solids by periodic cleaning.
(2) All rubbish shall be drained of liquids before deposited in containers or borough disposal bags.
It is mandatory that ashes be thoroughly extinguished before placement for collection. Collection shall be accomplished by obtaining a borough disposal bag and securing the bag to a metal container. The municipal collection service shall collect the ashes if they are extinguished, along with an empty disposal bag. Total net weight of ash shall not exceed forty (40) pounds per empty bag provided by resident.
Recyclables as defined and determined by the borough shall be collected in accordance with borough regulation. Collection may include drop-off by residents at a central location and/or curbside collection. Collection of recyclables by individuals or organizations as authorized by the borough shall be permitted.
A. Annual Refuse and Recycling Removal Fee Imposed. An annual Refuse and Recycling Removal Fee, as established by Council from time to time by resolution and set forth in the Consolidated Fee Schedule, is hereby imposed upon and shall be charged against the occupant/resident of record of any residential property for each residential dwelling unit for which trash, recycling or bulky waste removal services are provided by the Borough. Provided however, that
(i) Multifamily units with ten (10) or more residential units, including apartment complexes, condominium complexes, retirement homes and mobile home parks, which are required to provide proper collection and disposal of regulated municipal waste and designated recyclable materials by utilizing a permitted private collector to deliver such waste and recycling to an approved facility, shall be exempt from the Refuse and Recycling Removal Fee; and
(ii) Multifamily units with four (4) to nine (9) residential units may be exempt from the Refuse and Recycling Removal Fee upon the presentation to the Borough of a certified statement and a valid contract(s) demonstrating that all required trash and recycling services (including trash, comingled recycling, newspaper/cardboard, bulky waste, yard waste and Christmas trees) are provided to the property by one or more private permitted collector which delivers the units’ waste and recycling to an approved facility.
Any fees paid for exempt multifamily units prior to the adoption of this provision shall be refunded by the Borough.
B. Billing and Payment of Refuse and Recycling Removal Fee. The Refuse and Recycling Removal Fee billing will be mailed for calendar year for each residential unit after the adoption of the fee. Thereafter, the Refuse and Recycling Removal Fee billing will be mailed each calendar year. In the event a tenant-occupied unit does not pay the Refuse and Recycling Removal Fee, the owner shall be responsible for payment. So that the owner may be aware of the status of payment of the Refuse and Recycling Removal Fee, the owner shall be permitted to obtain tenant account payment information from the Borough upon request. Properties with multiple units will be charged and billed for each unit. Payment shall be due within thirty (30) days from the date of the bill.
C. Non-Payment of Refuse and Recycling Removal Fee. If the bill for any unit is not paid within thirty (30) days after the date of the bill, a five (5%) percent penalty shall be added thereto; if the payment, plus penalty, is not paid within sixty (60) days after the date of the bill, the aggregate amount thereof shall bear interest from the penalty date at a rate of nine (9) percent per annum, or the maximum rate permitted by law. Any unpaid bill (together with penalties and interest thereon, to the extent permitted by law) and all delinquent costs shall be a lien on the property served, which may be collected by any available legal action, including by way of a lien filed in the nature of a municipal claim. Costs and/or reasonable attorney’s fees incurred by the Borough shall be added to the unpaid bill along with penalties and interest and the aggregate of the same shall be entered as a lien on the property served and collected in the manner provided by the Municipal Claims Act, 53 P.S. §7101 et. seq.
96-11.2 The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Council that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.
96-11.3 All inconsistent provisions of other ordinances or parts of ordinances are repealed to the extent of the inconsistency. All provisions of the ordinances of the Borough of Perkasie shall remain in full force and effect.
96-11.4 This Ordinance shall take affect and be in force from and after its approval as required by law.
96-12. Industrial and commercial waste.
Industrial and commercial waste stored outside of buildings shall be stored in containers of suitable size, shape and material so as to prohibit the waste from being scattered by wind or rain and shall prohibit accessibility of such waste to rodents and other vermin. An exception to the container requirement shall be for an inorganic industrial byproduct waste of such quantity that container storage is impractical. In such latter instance, storage shall be by a means which will prohibit the waste material from becoming a practical nuisance to the neighborhood. In all instances, patriciate wastes shall not be stored for periods exceeding seven (7) days, and all other wastes shall not be stored for periods exceeding thirty (30) days.
96-13. Construction and demolition waste.
Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding ninety (90) days and shall not be stored in a way which will allow it to be scattered by wind or rain.
96-14. Bulky waste. [Amended 10-17-1988 by Ord. No. 608]
Bulky waste shall not be stored outside of a building or accessory building on any land in the borough, except for a period not exceeding fourteen (14) days pending collection and disposal. However, brush, tree trimmings, yard clippings, leaves, glass or other waste from live plantings may be stored for longer periods of time if necessary until the next scheduled collection day for such items or for composting as future mulch material. Commercial and industrial properties shall not place bulky items for collection by the municipal collection service. It shall be a violation of this chapter for any individual to place bulky waste for collection by municipal collection if that waste is not generated at or directly associated with the residence. Bulky waste shall be collected monthly from residential customers and shall be limited to one (1) item per month per household. Council may from time to time, by resolution, establish certain bulky waste items as fee-for-collection items and establish regulations for and charges and collection of those items.
ARTICLE IV, Collection Rules and Regulations
96-15. Residential collection. [Amended 6-20-1988 by Ord. No. 602; 2-18-1991 by Ord. No. 662]
The collection of all ashes, garbage, household rubbish, recyclables and bulky waste from residences in the borough shall be by the municipal collection service, except as herein provided, in accordance with the following:
A. All refuse shall be prepared for collection in strict conformity with Article III of this chapter and deposited for collection in accordance with collection standards as adopted by the borough from time to time.
B. It shall be unlawful to place any material for the municipal collection service in unauthorized or defective borough disposal bags, torn bags or bundles not securely tied. Collection personnel may refuse to collect improperly prepared material and may give notice of such by affixing a tag to the container or material citing the violation. Failure to comply after first notice may result in prosecution under ' 96-19.
C. Except when specifically authorized by the borough, disposal bags shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley and readily accessible to and not more than ten (10) feet from the side of the street or alley from which the collection is made.
D. Routes of collection will be along streets, alleys and rights-of-way as from time to time established by the borough. Routes and pickup points will be determined on the basis of the most efficient routing of collection equipment.
E. It shall be unlawful for any person to deposit for collection any refuse or bulky trash item not produced at the address from which collection is made or to bring any refuse or bulky trash into the borough or from one address to another in the borough for the purpose of taking advantage of the collection service. It shall also be unlawful for any resident to deposit refuse or bulky items for residential collection service, which refuse was produced by any professional or business enterprise engaged in by the resident.
F. It shall be unlawful to store or place for residential collection with household rubbish any of the materials defined as non-collectible waste.
G. Refuse shall not be placed at collection points earlier than 6:00 p.m. on the day prior to scheduled collection. Empty refuse containers or recycling containers shall be removed from the collection points prior to 6:00 p.m. on the day of collection. In no event shall borough disposal bags or recycling containers remain at curbside for more than twenty-four (24) hours.
H. Any person found scavenging shall be in violation of this chapter and subject to its fines and penalties as set forth herein. [Added 6-20-1988 by Ord. No. 602]
I. It shall be unlawful for any person to bring rubbish, refuse, recyclables and other waste materials into the borough for deposit at any designated collection location or curbside collection area, which materials have not been generated at or from a residence within the borough. It shall be unlawful for any nonresident of the borough to bring any rubbish, refuse, recyclables and waste materials whatsoever into the borough for deposit at any designated collection location or curbside collection area. Each central recycling collection location within the borough shall post a notice advising persons, including nonresidents of Perkasie Borough, that such deposits may subject them to fines, costs and penalties in accordance with Article V of this Part 1.
96-16. Industrial and commercial properties.
It shall be the responsibility of the owner or occupant of all commercial and industrial properties to dispose of all refuse produced by an industrial or commercial process by contracting for the collection, conveyance and disposal with an authorized commercial collector or collecting, conveying and disposing of such refuse with his own vehicles or contracting for the collection, conveyance and disposal with the municipal collection service, if available; provided, however, that all such collections must be in accord with the other conditions of this Part 1. For purposes of this Part 1, all buildings with four (4) or more dwelling units shall be treated as commercial properties.
96-17. Service fee for industrial and commercial facilities.
Every owner of a commercial or an industrial property producing refuse and having such refuse collected and removed by the municipal collection service shall pay for borough disposal bags in accord with the terms and conditions provided for residential customers.
96-18. Construction and demolition waste.
All waste material resulting from building or structure alteration, repair, construction or demolition shall be removed by and at the expense of the owner of the premises upon which such waste was produced.
ARTICLE V, Penalties
96-19. Violations and penalties.
Any person who shall violate any provision of this Part 1 shall, upon conviction thereof, be punishable by a fine of not more than three hundred dollars ($300.) and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than thirty (30) days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
96-20. Enforcement provisions. [Added 2-18-1991 by Ord. No. 662]
The Borough Manager is hereby authorized from time to time to designate any officer or employee of the borough to monitor collection sites, receive complaints of violations of this Part 1 and to report such violations to the Perkasie Borough Police Department. Reports of violations shall include such information as the date, time and location of the violation, together with a description of the person and/or vehicle identified in connection with the violation, and all such reports shall be filed with the Borough Manager. The Borough Manager and/or his designee shall transmit the report of violation to the Perkasie Borough Police Department which shall, upon reasonable belief that a violation has occurred, then issue a citation upon the person charged to be in such violation.