Time of Placement of Garbage Ordinance

ORDINANCE 2015-15

Amending Chapter 203 (Solid Waste) of the City Code, Ordinance 2011-1 (Garbage Collection and Disposal), and Ordinance 2013-12 (Quality of Life) Regarding the Appropriate Time for Placement of Garbage and Imposing Penalties for Violation Thereof

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 2011-1, and Ordinance 2013-12 in order to address this matter; and

WHEREAS, it has come to the attention of City officials that the time for placement of garbage is not convenient for residents of the City of Hazleton, and the penalty for violation is too high.

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or part of an ordinance conflicting with the provisions of this Ordinance, including the ordinances cited herein, is repealed to the extent of such conflict.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 21st day of July, 2015.

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