2017-18 Amending Chapter 203 (Solid Waste) of the Hazleton City Code, and Ordinance 95-18 Regarding the Appropriate Placement of Garbage Containers

ORDINANCE 2017-18

Amending Chapter 203 (Solid Waste) of the Hazleton City Code, and Ordinance 95-18, as previously amended by Ordinance 2011-1 (Garbage Collection and Disposal), Ordinance 2013-12 (Quality of Life), and Ordinance 2015-15 (Appropriate Time for Placement of Garbage and Imposing Penalties for Violation) Regarding the Appropriate Placement of Garbage Containers for Collection and Non-Collection Days and Proper Storage or Placement of Garbage in Containers

WHEREAS, under the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101 Cl. 27 (53 P.S. §4000.302), each municipality of the Commonwealth of Pennsylvania has the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source separated recyclable materials; and

WHEREAS, the City of Hazleton adopted Chapter 203 of the City Code, Ordinance 95-18, as previously amended by Ordinance 2011-1, Ordinance 2013-12, and Ordinance 2015-15 in order to address this matter; and

WHEREAS, it has come to the attention of City officials that the placement of garbage containers on Collection and Non-Collection days, along with the method by which garbage is stored and/or placed in said Containers is not clear for residents of the City of Hazleton.

NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED by the Council of the City of Hazleton, as follows:

1. Chapter 203 of the City Code and Ordinance 2011-1 at Section 203-7, Placement for Collection, are amended to add the following Sections:
   

203-7 (f)  All containers that are not placed for collection on non-collection trash days shall be stored at the side or rear of the property being served, or within an opaque enclosure or accessory structure, until the next designated collection day. If a container must be stored at the front of the property being served due to       unique logistical limitations, such as the lack of a side or rear storage area, the   container must be placed as close to the front of the property as possible so as not  to obstruct any sidewalk, street, thruway or walkway.  No container under any circumstance may be placed in a position, whether on collection on non-collection trash days, whereas it is obstructing any sidewalk, street, thruway or walkway. Failure to properly store trash, garbage or recyclable containers pursuant to this  section on non-collection days shall constitute a violation as set forth in Section 203-10 with fines to be assessed on a continuing basis for each day a container  remains improperly stored.

203-3 (D) All garbage placed in containers must be in plastic garbage bags.

2. The appropriate Sections of Ordinance 2013-12 and Ordinance 2015-15 are also amended to indicate that all containers that are not placed for collection on non-collection trash days shall be stored at the side or rear of the property being served, or within an opaque enclosure or accessory structure, until the next designated collection day. If a container must be stored at the front of the property being served due to unique logistical limitations, such as the lack of a side or rear storage area, the container must be placed as close to the front of the property as possible so as not to obstruct any sidewalk, street, thruway or walkway.  No container under any circumstance may be placed in a position, whether on collection on non-collection trash days, whereas it is obstructing any sidewalk, street, thruway or walkway.  Failure to properly store trash, garbage or recyclable containers pursuant to this section on non-collection days shall constitute a violation as set forth in Section 203-10 with fines to be assessed on a continuing basis for each day a container remains improperly stored.
   

3. The appropriate Sections of Ordinance 2013-12 and Ordinance 2015-15 are also amended to indicate that all garbage placed in containers must be in plastic garbage bags. 
   

NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED by the Council of the City of Hazleton, as follows:

1. The appropriate Sections of Chapter 203 of the City Code, Ordinance 2011-1, and Ordinance 2013-12 are amended to indicate the time for placement of garbage on the City streets and sidewalks for collection will not be before 4:00 pm the day preceding the scheduled collection day or days; and
   

2. The appropriate Sections of Chapter 203 of the City Code, Ordinance 2011-1, and Ordinance 2013-12 are amended to indicate the penalty for violation of the time for placement of garbage on the City streets and sidewalks for collection is twenty-five ($25.00) dollars per offense, and a separate offense shall be deemed on each day during or on which such violation occurs and continues. 

BE IT FURTHER ORDAINED that all relevant ordinances, regulations and policies of        the City of Hazleton not amended hereby will remain in full force and effect; and

BE IT FURTHER ORDAINED that if any provision, paragraph, word, section, subsection, sentence or clause of this Ordinance is held to be invalid by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance; and

BE IT FURTHER ORDAINED that any ordinance or part of an ordinance conflicting with the provisions of this Ordinance, including the ordinances cited herein, is repealed to the extent of such conflict.

ORDAINED AND ENACTED by Council this 15th day of August, 2017.     

ORDINANCE PASSES UNANIMOUSLY ON 8/15/2017     

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