BOROUGH OF CALIFORNIA

COUNTY OF WASHINGTON

COMMONWEALTH OF PENNSYLVANIA

ORDINANCE NO. 519

AN ORDINANCE OF THE BOROUGH OF CALIFORNIA, WASHINGTON COUNTY, COMMONWEALTH OF PENNSYLVANIA MANDATING THAT REGULATED MUNICIPAL WASTE AND DESIGNATED RECYCLABLES CANNOT BE PLACED AT CURBSIDE FOR COLLECTION EARLIER THAN TWENTY-FOUR (24) HOURS IN ADVANCE OF THE SCHEDULED TIME FOR COLLECTION; REQUIRING THAT WASTE AND RECYCLABLE CONTAINERS MUST BE PICKED UP NO LATER THAN TWENTY-FOUR (24) HOURS AFTER COLLECTION; REGULATING THE CONTAINERS AND BAGS THAT MUST BE USED FOR CURBSIDE PLACEMENT; PROVIDING FOR ONE WARNING AND THEN SUBSEQUENT FINES AND/OR PENALTIES FOR VIOLATIONS OF THE INSTANT ORDINANCE; ALLOWING COUNCIL TO AMEND FINES AND/OR PENALTIES BY RESOLUTION;REPEALING INCONSISTENT ORDINANCES AND RESOLUTIONS AND/OR PORTIONS OF INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Borough Council of the Borough of California desires to amend any of its prior Ordinances, Resolutions, and/or rulesto provide for further regulations for the curbside placement and collection of municipal waste and designated recyclables within the Borough of California; and

WHEREAS, by mandating that regulated municipal waste and designated recyclables cannot be placed at curbside for collection earlier than twenty-four (24) hours in advance of the scheduled time for collection, and that all approved waste and recyclable containers must be picked up no later than twenty-four (24) hours after collection,Borough Council is promoting the health, safety, and welfare of Borough residents by avoiding public health hazards; and

WHEREAS, by mandating that regulated municipal waste must be placed for curbside collection in either secured thirty (30) gallon containers or secured thirty (30) gallon plastic bags, Borough Council is promoting the health, safety, and welfare of Borough residents by avoiding public health hazards.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough of California, County of Washington, and the Commonwealth of Pennsylvania, and it is hereby ordained and enacted as follows:

SECTION 1. CURBSIDE PLACEMENT OF MUNICIPLE WASTE AND RECYCLABLES.

1. All regulated municipal waste and designated recyclables cannot be placed at curbside for collection earlier than twenty-four (24) hours in advance of the scheduled time for collection.

  1. All approved waste and recyclable containers must be picked up no later than twenty-four (24) hours after curbside collection.

SECTION 2. REQUIRED CONTAINERS AND BAGS FOR CURBSIDE PLACEMENT.

  1. All regulated municipal waste must be placed for collection in either of the following:
  1. Containers – A receptacle made of plastic or metal with a capacity not to exceed thirty (30) gallons, a loaded weight of not more than thirty-five (35) lbs., a tight-fitting lid, and handles of adequate strength for lifting.
  1. Bags – Thirty (30) gallon plastic sacks with a loaded weight not to exceed thirty-five (35) lbs. that are designed for refuse with sufficient wall strength to maintain physical integrity when lifted by the top and that are securely tied at the top for collection.
  1. All designated recyclables must be placed for collection in suitable containers made from plastic or metal that are clearly labeled for recycling purposes to store recyclable materials for curbside collection.

SECTION 3. PENALTIES.

1. Any person, firm or corporation who shall violate the provisions of this Ordinance shall receive an official written warning of noncompliance for the first offense. All subsequent violations shall be subject to the fines and penalties provided in Section Three (3), Paragraph Two (2) of this Ordinance.

2. Except as provided in Section Three (3), Paragraph One (1) of this Ordinance, any person, firm or corporation who shall violate the provisions of Ordinance shall, upon conviction, be punished by a fine of not less thanone hundred dollars ($100.00) nor more than six hundred dollars($600.00), plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than thirty (30) days. Each day of violation shall be considered a separate and distinct offense.

SECTION 4. POWERS BY RESOLUTION.

The Borough Council may, at any time by way of resolution, amend this Ordinance to change the amount of fines and/or penalties.

SECTION 5. REPEAL OF PRIOR ORDINANCES AND RESOLUTIONS.

Any and all prior Ordinances and Resolutionsand/or any and all portions of prior Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed to the extent of such conflict. The remaining prior Ordinances and Resolutions and/or portions of prior Ordinances and Resolutions, not modified herein, shall remain the same.

SECTION 6. SAVINGS CLAUSE.

Should any section, provision or other part of this Ordinance be found to be illegal, unenforceable or void, such shall not affect the remainder hereof, which shall remain fully binding, valid and enforceable, and such section, provision or other part shall be modified to the extent necessary to so conform to the law. The Borough Council of the Borough of California hereby declares its intention that should any section, provision or other part of this Ordinance be found to be illegal, unenforceable or void, it would not have taken the foregoing action and would have made the foregoing Ordinance without such part or with such part so modified so as to conform to the law.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take effect immediately upon adoption by Borough Council.

DULY presented and adopted at a meeting of the Borough Council of the Borough of California, WashingtonCounty, Commonwealth of Pennsylvania, this _____ day of ______, 2009.

ATTEST:BOROUGH OF CALIFORNIA

______By: ______

Borough Secretary President of Council

EXAMINED AND APPROVED by me this ___day of______, 2009.

BOROUGH OF CALIFORNIA

By: ______

Mayor