§ 10-717. Collection of Municipal Waste and Recyclable Materials. 194

   (1)   Except as otherwise permitted in the Code, no person shall place Municipal Waste or Recyclable Materials in the right-of-way or at a pick-up location for City collection except pursuant to collection regulations established by the Department, which regulations may include provisions pertaining to:

      (a)   designated collectible Municipal Waste materials;

      (b)   the separation of Recyclable Materials from Municipal Waste;

      (c)   designated Recyclable Materials, including, but not limited to paper (including mixed paper and office paper), plastic bottles and containers, aluminum, steel and bi-metallic cans, corrugated cardboard, glass bottles and jars, and leaves;

      (d)   approved containers;

      (e)   limits on quantities;

      (f)   weights of containers;

      (g)   dates and times for set-out; and

      (h)   such other areas of regulation as the Department shall deem necessary.

   (2)   All owners and persons in control of any premises shall separate out any designated Recyclable Materials from Municipal Waste set out for City collection.

   (3)   Private Collection. Every Operator of Regulated Premises not eligible for collection pursuant to this Chapter or the regulations adopted hereunder, and every Operator of Regulated Premises eligible for City collection services but for which City collection is not used, shall contract with one or more private haulers for the collection of Municipal Waste and Recyclable Materials in accordance with this Code.

 

Notes

194	Former Section repealed and new Section added, 1987 Ordinances, p. 683; former Section repealed and new Section added, Bill No. 150748 (approved December 23, 2015).

§ 10-717.1. Eligibility for Municipal Collection and Fees for Neighborhood Sanitation and Cleaning Services. 195

   (1)   Residential dwellings of the following types shall be eligible for regular City refuse, recycling and bulk item collection:

      (a)   buildings with six or less occupied units;

      (b)   condominium (as defined in 68 Pa. C.S. § 3103); and

      (c)   cooperatives (as defined in 68 Pa. C.S. § 4103).

   (2)   There is hereby imposed on all owners of residential or commercial properties eligible for City curbside waste collection an annual fee of five hundred dollars ($500) per property for neighborhood sanitation and cleaning services, including the collection of refuse, waste and recyclable materials and related cleaning services. Upon a determination by the Department that costs of neighborhood sanitation and cleaning services justify an increase in the fee, the Department may increase the fee, as appropriate, by regulation.  196

   Exemptions: The following are exempt from the fee: 197

      (a)   Collection from single-family dwellings;

      (b)   Collection from condominiums and cooperatives, as defined in subsection (1);

      (c)   Collection from a property in connection with which the property owner demonstrates, to the satisfaction of the Department, that it has in place one or more private waste hauling contracts that provide for collection of the refuse, waste and recyclable materials generated at the property;

      (d)   Collection from a duplex (two-family dwelling) in connection with which the property owner demonstrates, to the satisfaction of the Department, that the owner resides in one of the living units. 198

   (3)   The Department may establish regulations to implement this Section, including regulations establishing additional eligibility for curbside collection and regulations providing for interest and penalties for late payment and non-payment.

   (4)   The provision of false information to the City in an effort to demonstrate private service shall (a) constitute a violation and subject the property owner to penalties as set forth in this Chapter; and (b) make the property owner liable for the annual fee.

 

Notes

195	Added, Bill No. 010659 (approved September 12, 2002). Section 2 of Bill No. 010659 provides: "This Ordinance shall take effect after the promulgation of regulations by the Streets Department, but no later than sixty (60) days from the date of enactment or the beginning of the 2003 Fiscal Year, whichever is earlier." Amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 100131 (approved June 1, 2010), effective July 1, 2010.
196	Amended, Bill No. 220190 (approved May 9, 2022).
197	Amended, Bill No. 130635-A (approved November 13, 2013), effective January 1, 2015; amended, Bill No. 220190 (approved May 9, 2022).
198	Added, Bill No. 130635-A (approved November 13, 2013), effective January 1, 2015; amended, Bill No. 220190 (approved May 9, 2022).

§ 10-718. Enforcement. 199

   (1)   For the purposes of enforcing the provisions of this Chapter, notice of violation under Section 1-112 shall be issued by police officers, authorized inspectors within the Department or the Department of Licenses and Inspections, authorized third-party administrators, or any other person authorized to enforce ordinances; provided that, for purposes of subsection 1-112(3), the required amount to be remitted shall be fifty dollars ($50), except as follows:  200

      (a)   For violations of Section 10-711 (Handbills on Vehicles), Section 10-723 (Handbills on Sidewalks, Streets and Private Property), Section 10-723.1 (Removing Handbills), or Section 10-723.2 (Distribution of Handbills): one hundred dollars ($100);

      (b)   For violations of Section 10-702 (Litter in Public Places), subsection 10-703(2) (Placing Household Refuse in a Public Receptacle), or Section 10-722 (Use of Dumpsters): one hundred fifty dollars ($150); and

      (c)   For violations of Section 10-710: no stipulated payment shall be allowed.

   (2)   The Department may by regulation provide for stipulated amounts other than those provided in subsections (1)(a) and (b).

   (3)   Whenever a police officer has probable cause to believe a vehicle was or is being used to violate subsection 10-710(2), the officer may seize the vehicle. 201

   (4)   Whenever a third party administrator has probable cause to believe a vehicle was or is being used to violate subsection 10-710(2), the administrator may boot and/or tow the vehicle.  202

 

Notes

199	Amended, 1981 Ordinances, p. 367; amended, 1993 Ordinances, p. 1014; amended, Bill No. 150748 (approved December 23, 2015).
200	Amended, 1Bill No. 220243 (approved September 13, 2022).
201	Added, Bill No. 041070 (approved May 4, 2005).
202	Added, 1Bill No. 220243 (approved September 13, 2022).

§ 10-719. Penalties. 203

   (1)   The penalty for violation of any provision of this Chapter, except Section 10-710, Section 10-722, or Section 10-717.1 shall be a fine of one thousand dollars ($1,000) for each violation. The penalty for a violation of Section 10-717.1 of this Chapter shall be a fine of five hundred dollars ($500). 204

   (2)   The penalty for violation of subsection 10-710(1) of this Chapter shall be: 205

      (a)   a minimum fine of two thousand dollars ($2,000) per offense and, if authorized by the General Assembly, a maximum fine of twenty-five thousand dollars ($25,000) per offense.

      (b)   such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped trash, garbage or debris or to clean up other sites where short dumping has occurred. 206

   (3)   In addition to the liability of a property owner for a cleanup of trash, debris and waste on the owner's property, a violator of any provision of Section 10-710 (Dumping of Debris and Short Dumping) shall be jointly liable for all costs incurred by the City for cleanup where a violation has occurred. Legal interest shall accrue for any amount not paid within thirty (30) days from the date a bill for costs incurred is provided to the violator. 207

   (4)   The penalty for violation of subsection 10-710(2) shall be:

      (a)   a fine of up to five thousand dollars ($5,000);

      (b)   the forfeiture of any property, including any vehicle, used to violate subsection 10-710(2), regardless of the value of that property, pursuant to the procedures set forth in 42 Pa. C.S. § 5805, with the City and the City Solicitor substituted for the Commonwealth, the Attorney General and District Attorney, as appropriate; and 208

      (c)   such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped trash, garbage or debris or to clean up other sites where short dumping has occurred or to pay the costs of cleanup. 209

   (4.1)   The Department of Licenses and Inspections may revoke the commercial activity license of any person, for a period not to exceed one year, for a violation of subsection 10-710(2). In making a determination regarding whether and for how long to revoke, the Department shall consider the recommendation of the enforcing agency, the willfulness of the violation and any past violations. 210

   (4.2)   No person or entity that has been determined to have violated subsection 10-710(2) shall be eligible to receive any City contract. 211

   (5)   Upon imposition of a fine or penalty against any person for violation of subsection 10-710(2), the Police Department shall notify the Pennsylvania Department of Transportation, in accordance with the provisions of Act 227 of 2004, for appropriate sanctions thereunder.

   (6)   The penalty for a violation of Section 10-722 shall be a fine of at least three hundred dollars ($300) and no more than one thousand five hundred dollars ($1,500) for each violation. A violation shall subject the violator to such equitable remedy as the Court may deem proper, including, without limitation, an order to remove or clean a dumpster.

   (7)   The City may seize any dumpster located in the public right-of-way that is not validly licensed under Section 10-722. If the owner of such dumpster can be identified and appropriate contact information is readily available, 24 hours notice of intent to seize the dumpster shall be provided before seizure. Such dumpster shall be returned to the owner upon payment of: (i) the costs incurred by the City in seizing, transporting and storing such dumpster; and (ii) payment of a fine of one thousand five hundred dollars ($1,500), provided that the owner shall be entitled to recovery of the dumpster pursuant to the procedures set forth in Code Section 12-2406.

   (8)   Upon certification by the Department of Streets of adoption of an electronically-based notification system for immediate notification of the City's determination of violations, notices of violation of Section 10-722 served upon those who have provided an electronic address for notification purposes shall be served by such electronic means.

   (9)   Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.

   (10)   Any fine or costs imposed by the court shall be entered as a judgment against the violator.

   (11)   Any fine or other sanction imposed by the Court shall be paid or satisfied within ten (10) days of its imposition. If the fine or sanction together with any court cost is not paid or satisfied within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided for by law. 212

   (12)   In addition to any penalty applicable under subsection 10-719(1), a violator of any provision of Section 10-727 (Litter Near Mobile Providers of Goods) shall be liable for all costs incurred by the City for cleanup where a violation has occurred. 212.1

 

Notes

203	Amended, 1981 Ordinances, p. 367; amended, Bill No. 041070 (approved May 4, 2005); subsections (6), (7) and (8) added and subsequent subsections renumbered by Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010.
204	Amended, 1983 Ordinances, p. 1129; amended, 1993 Ordinances, p. 1014; amended, Bill No. 080523 (approved July 2, 2008); amended, Bill No. 090215 (approved May 27, 2009); amended, Bill No. 090221 (approved May 27, 2009); amended, Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010; amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 210451 (approved July 15, 2021).
205	Amended, Bill No. 161105 (approved October 25, 2017); amended, Bill No. 180729-A (approved November 6, 2019), effective January 5, 2020.
206	Amended, Bill No. 220379 (approved July 6, 2022).
207	Amended, Bill No. 080523 (approved July 2, 2008); amended, Bill No. 090221 (approved May 27, 2009); amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 210451 (approved July 15, 2021); amended, Bill No. 220379 (approved July 6, 2022).
208	Amended, Bill No. 170715 (approved October 25, 2017).
209	Amended, Bill No. 090670 (approved November 4, 2009).
210	Added, Bill No. 090670 (approved November 4, 2009); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
211	Added, Bill No. 180465 (became law September 13, 2018).
212	Amended, 1983 Ordinances, p. 1129.
212.1	Added, Bill No. 240664 (approved December 18, 2024), effective January 17, 2025.

§ 10-720. Snow Removal from Sidewalks. 213

   (1)   The owner, agent and tenants of any building or premises shall clear a path of not less than 36 inches in width on all sidewalks abutting the building or premises within 6 hours after the snow has ceased to fall. The path shall be thoroughly cleared of snow and ice. Where the width of any pavement measured from the property line to the curb is less than 3 feet, the path cleared may be only 12 inches in width. When the building in question is a multifamily dwelling the owner or his agent shall be responsible for compliance with the requirements of this Section. 214

   (2)   Snow or ice removed from sidewalks, driveways, or other areas shall not be placed or piled in the street.

   (3)   Any person who violates this Section shall be subject to the provisions and penalties set forth in Section 10-718 and Section 10-719.

 

Notes

213	Added, 1961 Ordinances, p. 1353; amended, 1981 Ordinances, p. 367.
214	Amended, Bill No. 100752 (approved January 5, 2011).

§ 10-721. Signs. 215

   (1)   The City may, upon request or where it deems necessary, post signs indicating that dumping and/or littering is prohibited and the minimum fine which can be imposed as a penalty for violation of any provision of this Chapter.

   (2)   The signs shall be of sufficient size such that the information printed thereon is clearly visible from a distance of at least 25 feet.

 

Notes

215	Added, 1981 Ordinances, p. 367.

§ 10-722. Use of Dumpsters. 216

   (1)   Definitions. In this Section, the following definitions shall apply:

      (a)   Construction dumpster. As defined under Section 11-610.

      (b)   Department. The Department of Licenses and Inspections.

      (c)   Dumpster. 217 Any container for refuse or recyclable materials, whether located on private property or in the public right-of-way, that is serviced by a Provider and designed for repeated reuse. Does not include a container serviced by the City of Philadelphia or a construction dumpster.

         (.1)   Dumpster on Private Property. A dumpster stored indoors or outdoors on private property that may cross the public right-of-way for pick-up but may not be stored there for pick-up or any other purpose for any period of time.

         (.2)   Dumpster in the Public Right-of-Way. A dumpster placed or stored in the public right-of-way.

      (d)   Licensee. A person licensed under this Section to make use of a dumpster to store refuse or recyclable materials generated at property under his or her control.

      (e)   Provider. A business that services a dumpster.

   (2)   License and Medallion Requirement; Prohibited Locations. 218

      (a)   No person shall make use of any dumpster to store refuse or recyclable materials unless such dumpster is licensed under this Section.

      (b)   No person shall place a dumpster in service at any location unless there is a validly issued medallion affixed to the dumpster.

      (c)   No dumpster shall be placed in a location other than as authorized by the license for such dumpster.

      (d)   No license shall be issued for a dumpster in the public right-of-way at any of the following locations:

         (.1)   Within a CA-2, Auto-Oriented Commercial District, as defined in subsection 14-402(1)(c)(.7).

         (.2)   At any location the Streets Department determines will unduly interfere with the public right-of- way.

         (.3)   At any location within the boundaries of Bainbridge Street, Spring Garden Street, the Delaware River and the Schuylkill River where a licensed dumpster was not located before September 7, 2016. 219

   (3)   License Applications; Medallions. 220

      (a)   Application for a dumpster license shall be made by a person who proposes to make use of a dumpster to store refuse or recyclable materials. Application shall be made on a form provided by the Department, which application shall include:

         (.1)   The name and address of the applicant, and the name and address of the business that will be making use of the dumpster, if different from the applicant;

         (.2)   The proposed location of the dumpster;

         (.3)   The name and address of a business licensed under Section 9-604 that will be servicing the dumpster;

         (.4)   If the application is for a license for a dumpster that is to be placed in the public right-of-way, documentation of what alternative methods of refuse storage were considered prior to the applicant seeking the license;

         (.5)   Identification of whether the dumpster is to be used to store refuse or recyclable materials; and

         (.6)   Such other information as the Department may require.

      (b)   The Department shall issue the license if all requirements of this Section are met, and, if the application is for a dumpster in the public right-of-way, the Streets Department advises the Department that it approves of the proposed location of the dumpster.

      (c)   The Department, upon issuing the license, shall also issue to the licensee (or, if the licensee requests, and the provider agrees, to the provider) a medallion that uses UHF radio frequency technology, or such other technology approved by the Department by regulation, to electronically transmit: (1) the license number; (2) the name and telephone number of the licensee; (3) the name and telephone number of the provider; (4) the approved location of the dumpster; and (5) such other information as the Department requires.

      (d)   License and Medallion Fees.

         (.1)   For a dumpster on private property not placed in the public right-of-way, there shall be a one time license fee in the amount of (i) eighty dollars ($80) for a dumpster with a capacity less than one (1) cubic yard; and (ii) one hundred fifty dollars ($150) for a dumpster with a capacity of one (1) cubic yard or greater; provided that the fee for a dumpster for which a provider has agreed to provide recycling service, rather than regular refuse disposal service, and which is used for such purpose, shall be fifty percent (50%) of the regular dumpster fee.

         (.2)   For a dumpster in the public right-of-way, the annual license fee shall be: two hundred dollars ($200) for a dumpster with a capacity of less than one (1) cubic yard; and five hundred dollars ($500) for a dumpster with a capacity of one (1) cubic yard or greater; provided that the fee for a dumpster for which a provider has agreed to provide recycling service, rather than regular refuse disposal service, and which is used for such purpose, shall be fifty percent (50%) of the regular dumpster fee.

         (.3)   Medallions issued to replace a lost medallion or a medallion that has ceased to function shall be issued at a fee, as determined by the Department by regulation, necessary to compensate the Department for the cost of producing and issuing the replacement medallion.

         (.4)   The Department of Licenses and Inspections may by regulation revise the license fee amounts of this subsection (3)(d) to cover costs of program administration, provided that no fee shall be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code.  220.1

      (e)   Licensees shall be ineligible for renewal of a dumpster license, and shall be subject to license revocation, if such licensee has been ordered to pay a fine or fines in an amount of three hundred dollars ($300) or more and such fine remains unpaid more than 10 days after all appeals from such order have been exhausted.

   (4)   Duties of Licensees. 221

      (a)   Licensees shall use dumpsters in compliance with all applicable provisions of Section 10-724 ("Commercial Sector Waste Management and Recycling") and all other laws relating to recycling. No licensee shall place, or allow to be placed, any refuse in a dumpster licensed as a recycling dumpster other than materials designated by the provider as recyclable.

      (b)   No dumpster shall be used if a medallion is not properly affixed or if the licensee knows that the medallion is not operational. The licensee shall obtain a replacement medallion for a non-working medallion, which shall be affixed to the dumpster, before the dumpster is put back into use.

      (c)   Dumpster Maintenance.

         (.1)   Any dumpster on private property that is located outdoors shall be enclosed in accordance with the requirements of Section PM-308 of Title 4 of this Code ("Rubbish and Garbage"). 222

         (.2)   Licensees shall keep dumpster lids tightly secured except when in use, or when the dumpster must be open to accommodate a trash chute, and shall keep the area around the dumpster clean and free of any refuse, non-grindable garbage, spillage or overflow.

      (d)   Grindable and Non-Grindable Garbage.

         (.1)   Licensee shall not mix grindable garbage with rubbish. Licensee shall dispose of grindable garbage in garbage disposal units or arrange for private collection of grindable garbage for composting, anaerobic digestion, or use as farm livestock feed. This subsection shall not apply to multi-family residential licensees.

         (.2)   Licensees may mix non-grindable garbage with rubbish provided all garbage is placed in bags designed to hold garbage without leaking or in other sealable containers designed to hold garbage before placing it in a dumpster.

         (.3)   For the purposes of licensing, dumpsters or other containers used solely for private collection of garbage for composting or used as farm livestock feed shall be considered recycling dumpsters.

      (e)   Collection.

         (.1)   Licensees shall arrange to have a dumpster emptied at least once every week unless it contains garbage, in which case the dumpster shall be emptied twice a week or more often if required by the Department or by order of the Health, Fire, Police, or Streets Departments.

         (.2)   Aerated dumpsters specifically designed to prevent odors resulting from the anaerobic decomposition of food waste shall be emptied within 24 hours of being full or more often if required by the Department or by order of the Public Health, Fire, Police or Streets Departments.

         (.3)   Compacting dumpster not containing garbage shall be emptied within 24 hours of being filled to its maximum capacity or more often if required by the Department or by order of the Health, Fire, Police, or Streets Departments.

   (5)   Duties of Providers.

      (a)   A provider may only service a dumpster or place a dumpster in service if the dumpster is (i) licensed and (ii) has a validly issued medallion affixed to it;

      (b)   After servicing a dumpster, the provider shall see to it that:

         (.1)   The lid is left securely closed;

         (.2)   The drainage hole, if any, is left securely plugged; and

         (.3)   The medallion remains affixed to the dumpster.

      (c)   No provider shall service a dumpster licensed for storage of recyclable materials that is used to store non-recyclable refuse.

      (d)   A provider shall notify a licensee in writing within 24 hours of changing a dumpster. 223

   (6)   Joint Duties of Licensees and Providers. A licensee and a provider shall each be responsible for the following:

      (a)   All dumpsters shall:

         (.1)   be kept in good repair, free of offensive odors, and clean;

         (.2)   be constructed of fire resistive metal, except that a dumpster with a capacity of less than one-half cubic yard may be constructed of plastic if it complies with any and all specifications adopted by the Department by regulation, and except that the lid of any dumpster may be plastic;

         (.3)   have a lid which is securely attached to the body of the dumpster and that when closed forms a secure seal;

         (.4)   have no holes in the bottom except for a drainage hole, which shall be equipped with a secure plug;

         (.5)   if painted, have paint that is kept in good condition; and

         (.6)   be kept free of graffiti. 224

      (b)   All dumpsters shall be cleaned and sanitized at least once every six (6) months, or more often if either the Department or the Public Health, Fire, Police, or Streets Department orders, at a location approved by the Streets Department. 225

      (c)   For a dumpster in the public right-of-way, a bond or other specified security shall be posted in such type and amount as may be required by regulation of the Streets Department to ensure compliance with the requirements of this Section. 226

      (d)   No dumpster shall be serviced between the hours of 9:00 p.m. and 7:00 a.m.

         (.1)   In addition to the prohibited hours set forth in subsection (d), no licensee shall permit a dumpster on City avenue, from Forty-seventh street to Belmont avenue, east side, to be serviced between 8:00 p.m. and 9:00 p.m. or between 7:00 a.m. and 8:00 a.m. without the prior written permission of the Department of Streets, which shall grant such permission only if there is strong evidence that traffic or other right-of-way considerations require collection during those prohibited hours.

      (e)   The absence of a medallion on a dumpster, or significant damage to a medallion suggesting the medallion is inoperable, shall be reported to the Department of Streets.

   (7)   Enforcement.

      (a)   Any person who violates any provision of this Section shall be subject to the enforcement measures, fines and forfeitures specified in Sections 10-718 and 10-719.

      (b)   The Department of Streets is authorized to adopt regulations concerning enforcement of the joint duties set forth in subsection (6).

   (8)   Limits on Private Refuse Collection Using Bags.

      (a)   The Department of Streets may by regulation establish limits on the private collection of refuse and recycling materials by the set out of bags not placed in a dumpster.

 

Notes

216	Added, 1989 Ordinances, p. 810; repealed and replaced by Bill No. 090123-AAA (approved October 21, 2009).
217	Amended, Bill No. 130016 (approved September 6, 2013).
218	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 130016 (approved September 6, 2013).
219	Added, Bill No. 160719 (approved November 1, 2016).
220	Amended, Bill No. 130016 (approved September 6, 2013).
220.1	Added, Bill No. 240430 (approved January 15, 2025).
221	Amended, Bill No. 130016 (approved September 6, 2013); amended, Bill No. 140903 (approved March 4, 2015).
222	Amended, Bill No. 180348 (approved July 18, 2018).
223	Added, Bill No. 140903 (approved March 4, 2015).
224	Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015.
225	Amended, Bill No. 130016 (approved September 6, 2013).
226	Amended, Bill No. 130016 (approved September 6, 2013).