[Adopted 11-12-1968 by Ord. No. 971 (Ch. 65, Art. I, of the
1972 Code)]
For the purposes of this article, the following terms shall
have the meanings indicated:
The removal of garbage and rubbish separately or collectively
(called "refuse") from premises in the Borough of Sharon Hill.
The act of dumping or to dump, discard, throw, cast upon,
place or put.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Added 12-26-1984 by Ord. No. 1140]
All vegetable and animal food wastes from the preparation,
cooking and serving of food and market wastes and wastes from handling,
storage and sale of produce.
All waste composed of garbage and rubbish, exclusive of heavy
noncombustibles.
All solid waste, having combustibles and noncombustibles,
such as cans and bottles, discarded materials, articles, debris, trash
or rubbish, and including all broken-down, decayed, rusted, unused
or discarded materials and articles, but not including garbage or
refuse of any type or form.
A.
No person shall dump any garbage, rubbish or refuse upon any street, highway or public right-of-way or upon any lot, property or premises in the Borough of Sharon Hill, except as may be authorized under this article, and except that rubbish, as defined herein and which is not collectible under § 184-3 of this article, may be left upon a property or premises by the owner or occupier thereof for a period not to exceed one week. The police, upon noting a violation of this type, shall promptly notify the owner or occupier of such property to have the same removed within one week or be in violation hereof.
B.
The Borough Secretary or Highway Superintendent, as Council shall
designate, shall have the power to post signs prohibiting dumping
at places where dumping has been or may hereafter be habitually conducted
or carried on, but failure to post signs shall not constitute a defense
to any violation hereof.
C.
The Borough Secretary is authorized to permit dumping at such places
as he may designate in the Borough of Sharon Hill, at various times
and from time to time, but only such refuse as will not constitute
a health, sanitary or safety hazard; and for this purpose he shall
issue a permit or authorization for a fixed period of time and only
to the person requesting to dump and only upon premises or property
where approval of the owner is obtained.
A.
Contracts for collection of garbage and rubbish. The Council of the
Borough of Sharon Hill shall provide for collection of garbage and
rubbish or, collectively, refuse, either by the Borough or by contract
with others. Award of such contracts shall be according to law, and
upon the award of the same by the Borough Council, the proper officers
of the Borough of Sharon Hill are authorized to sign said contracts.
B.
Manner and method of collection.
(1)
Occupants of property in the Borough of Sharon Hill shall place and
keep all refuse, if outside, in covered containers, except items of
lumber, wood, branches, pipe or metal, which must be tied in a bundle
or bundles whenever practical. Newspapers may be left if kept dry
and securely bound and tied together in bundles.
(2)
Refuse receptacles.
[Amended 9-25-1997 by Ord. No. 1259]
(a)
Apartments containing four or fewer units: Refuse receptacles
shall be made of metal or a plastic material approved by the Highway
Committee and shall be watertight, with a tight-fitting cover. Said
receptacle shall have the address of the dwelling unit imprinted or
painted on the receptacle.
(b)
All other dwelling units: Containers for refuse shall be made
of metal, plastic or like material, but not wood, paper or cardboard,
except that wood, paper or cardboard boxes may be left for collection,
provided that the same are not wet and are, whenever practical, either
crushed, taken apart, piled together and bound or filled so that their
contents will not be scattered.
(3)
No wet refuse shall be placed for collection, whether in a container
or not.
(4)
Garbage and rubbish (refuse) shall be collected together and not
separately. However, no raw exposed garbage shall be placed in the
refuse container unless it is securely bound or wrapped in newspaper,
a separate secure receptacle or a strong paper bag before placement
in the container; except that stores, restaurants and industries may
enclose their garbage in combustible cartons.
(5)
No volatile liquids, explosives, radioactive material or containers
which would explode upon contact with heat or fire shall be placed
for collection, except small (retail-sold) spray cans.
(6)
No wood, lumber, trees, branches or pieces thereof shall be placed
for collection when the same exceeds four feet by four inches by 36
inches in size.
(7)
No metal object or item shall be left for collection which is greater in size than the size prescribed for wood in Subsection B(6) above nor heavier than 50 pounds.
(8)
All refuse shall be left for collection on the day or days scheduled
in the same area of the premises regularly. At all other times it
shall be kept in proper containers at the rear of the building, if
outside. In no event shall it be left uncovered.
(9)
Collections shall be made at least once weekly, except on legal holidays,
according to the schedule which shall be published by the Sharon Hill
Borough Council or its duly appointed representative.
(10)
Refuse shall not be put along any Borough street for collection
prior to 6:00 p.m. of the day immediately preceding collection. No
containers or uncollected refuse shall be left along any Borough street
after 9:00 p.m. on the day of collection.
(11)
The owner or lease-agent in control of all multifamily dwellings
shall provide a place, in accordance with this article, for collection
of refuse and shall provide for compliance with this article by all
lessees and tenants.
C.
The occupant, owner or lease-agent in control of any property where
garbage, rubbish or refuse has been contained, put or placed upon
said property contrary to any of the terms and provisions of this
article shall, within six hours after notice thereof by the Sharon
Hill Borough police, remove the same or contain, put or place the
same in conformance with this article.
D.
The collector or collectors of rubbish and garbage, whether a private
contractor or the Borough of Sharon Hill, if it collects the same,
shall not be responsible for collecting any rubbish or garbage accumulated,
collected, contained or placed in any manner or method contrary to
the provisions hereof.
E.
The fees for the collection and disposal of ashes, garbage, rubbish,
refuse and recycling placed for collection pursuant to the provisions
of this article shall be as set from time to time by resolution of
the Borough Council.
[Added 12-26-1984 by Ord. No. 1140; amended 12-14-1989 by Ord. No.
1192; 12-13-1990 by Ord. No. 1205; 12-21-2006 by Ord. No. 1316; 5-24-2012 by Ord. No. 1359]
F.
All accounts shall be due and payable by the owner of the real estate
provided for the payment of real estate taxes, and if the same be
unpaid within 60 days from the time of the delivery of said bill,
the said account shall be considered delinquent, a penalty of 10%
shall be added, and service of collection of said ashes, garbage,
rubbish, refuse and recycling shall be stopped without further notice.
It shall be the duty of the Borough Tax Collector, who bills for the
collection of ashes, garbage, rubbish, refuse and recycling, to forthwith
notify the Borough Manager of any unpaid fees, and the Borough Manager
shall certify to the person in charge of direction of collections
that service on such delinquent account shall cease. Service shall
be resumed thereafter only on payment of the annual collection charge
plus penalty unless the Borough Council of the Borough of Sharon Hill
shall specifically direct otherwise. The stoppage of charges shall
be in addition to the right of the Borough to proceed for the collection
of such unpaid charges by an action in assumpsit or, at the election
of the Borough, in any other manner provided by law.
[Added 12-26-1984 by Ord. No. 1140; amended 12-21-2006 by Ord. No.
1316]
G.
Residential property owners living on the premises who are 65 years
of age or older shall be entitled to a discount of 20% on the charge
imposed for the collection and disposal of ashes, garbage, rubbish,
refuse and recycling within the Borough of Sharon Hill. Council shall,
by resolution, adopt such regulation for processing of claims for
exemption as it shall deem appropriate.
[Added 4-11-1985 by Ord. No. 1145; 12-21-2006 by Ord. No. 1316]
[Amended 12-28-1972 by Ord. No. 1019; 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this article before any Magisterial District Judge shall
be sentenced to pay a maximum fine as provided from time to time by
state statute, together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed 30 days, or both.