Bethlehem's Codified Ordinance Article 1162, Solid Waste Collection and Enforcement (enacted by Ord. 2016-14, passed 6/7/2016), requires under Β§1162.03 that all containers used to store solid waste be composed of a rigid material and leak proof, with tight fitting lids to prevent scavenging by animals. Under Β§1162.07(b) containers may not be stored in the front of any building (unless there is no rear or side access) and may not be stored more than five feet from the front, rear or sides of a building. Bagged loose trash placed without an approved primary container violates Β§1162.08(c). Penalties under Β§1162.99 escalate from $200 (first offense) to $1,000 (third).
Bethlehem regulates trash containers under Article 1162 of the Codified Ordinances, replacing the previous Article 931 (Waste Containers) when Ordinance 2016-14 was adopted on June 7, 2016. The container standard at Β§1162.03 reads, in substance, that no person shall store solid waste in containers other than containers approved by the Director of Community and Economic Development, or his or her designee - and at a minimum all containers must be composed of a rigid material and leak proof, with tight fitting lids to prevent scavenging by animals. The placement rules at Β§1162.07 require that containers may be stored anywhere on a premises except (1) no container shall be stored in the front of any building on the premises unless the building is located in an area where there is no access to the rear or sides by way of easement or public right-of-way (in which case the container shall be stored on a porch, if possible, with the owner responsible for minimizing smell), (2) no containers shall be stored more than five feet from the front, rear or sides of a building (except during the set-out window described in Β§1162.08(d)), and (3) no person shall store containers for solid waste, ashes, rubbish, manure or garbage on any street, private alley, public right of way or vacant lot. The preparation rule at Β§1162.08(c) requires solid waste to be contained in a primary collection bag prior to placement into an approved container - loose, unwrapped trash placed directly in the container is a violation. Unlike Reading and many other PA cities, Bethlehem does not run a citywide municipal trash collection contract; under Β§1162.05(a) each owner shall provide for solid waste collection services by a licensed hauler (such as Waste Management, Republic Services, or Symons Sanitation), and under Β§1162.01 a 'hauler' must hold a Pennsylvania Act 90 license and a valid City of Bethlehem Business Privilege License.
Container violations are enforced under Β§1162.99 with a fine of $200 or thirty days imprisonment (or both) for the first violation, $500 or sixty days for the second, and $1,000 or ninety days for the third and subsequent violations - and each continuing day of violation shall constitute a separate offense under Β§1162.99(b). The Director of Community and Economic Development may designate the enforcement officers and issue citations directly. If an owner refuses, neglects or fails to comply, Β§1162.10 authorizes the Director to engage all labor and furnish all materials necessary to comply, with the cost plus twenty percent added as a penalty certified to the City Solicitor and entered as a lien against the property in the Court of Common Pleas of Northampton or Lehigh Counties under the Municipal Claims and Tax Liens Act, 53 P.S. Β§7101. Section Β§1162.12 makes the owner equally liable with any tenant for violations.
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