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Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[Adopted 4-7-1986 as Ord. No. 911, approved 4-7-1986]
The following shall be defined as follows, in this article and any other ordinance of the Borough previously enacted or to be enacted, except where the context indicates otherwise:
GARBAGE
Any animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods.
REFUSE
All solid wastes, except body waster, and shall include garbage and ashes but shall not include designated recyclable materials as defined in Article IV (Recycling) of this chapter.
[Amended 12-7-2021 by Ord. No. 1383, approved 12-7-2021[1]]
[1]
Editor's Note: This ordinance also repealed the former definition of "rubbish," which immediately followed this definition.
[Amended 3-1-2004 by Ord. No. 1172, approved 3-1-2004]
A. 
Refuse shall be stored in containers which shall be made of durable, watertight, rust-resistant material having a tight-fitting lid which must be kept on the container when in use; provided, however, that refuse may be stored in sealed plastic or similar bags or containers on the day that regularly scheduled collection of such refuse is made.
B. 
No storage containers or sealed plastic or similar bags or containers shall be set in or before the front of any residence, business or other structure within the Borough, or otherwise set out for refuse collection, earlier than 5:00 p.m. on the day preceding a scheduled collection of refuse.
C. 
No storage container or scaled plastic or similar bags or containers shall remain in front of any residence, business or other structure within the Borough later than 5:00 p.m. on the day following a scheduled collection of refuse.
D. 
Storage containers shall be stored only in the side yard or rear yard of any property within the Borough.
Liquid wastes which are not disposable through the sewers shall be removed in closed vessels and shall not be kept upon any premises until they become foul.
[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
All persons engaged in collecting or removing garbage from premises within the Borough shall collect, transport or convey all such garbage in closed, leakproof vehicles. This equipment may be inspected by the Code Enforcement Officer, and, upon approval, a license shall be issued, without cost, and shall remain in force for a period of one year from the date of issuance, unless revoked.
All garbage and kitchen offal shall be kept separate and distinct from ashes, and garbage collectors are required to remove the same in vehicles so constructed as to comply with the preceding section. Such materials shall be deposited only at an approved refuse disposal site.
Any person hauling offal and other refuse from any butcher shop or slaughterhouse in the Borough shall use an enclosed, leakproof vehicle while doing so.
A. 
It shall be unlawful for any property owner, lessee, tenant or householder or any person to deposit, throw, spread, place or cause to be deposited, thrown, spread or placed any ashes on any vacant lot within the Borough limits. The word "ashes" in this article shall mean ashes from coal, pulverized coal and wood and other organic substances such as may be used for filling purposes without becoming offensive.
B. 
Before any person may deposit, throw, place or cause to be deposited, thrown, spread or placed any ashes on any vacant lot within the Borough limits, it shall be necessary for him to secure from the Borough Manager a permit to use said ashes as herein defined for filling purposes. Said permit shall not be issued by the Borough Manager unless the parties securing or seeking the same shall agree to, within five days after the ashes have been deposited on said vacant lot, cover or cause the same to be covered with six inches of topsoil for every two feet of ash or ashes which are used for filling purposes.
[Amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
A. 
Any person, firm or corporation guilty of violating § 164-2 or 164-3 of this article or who shall neglect or refuse to comply with any of those sections shall, upon conviction thereof, for each violation, be liable to a fine of not more than $1,000 and costs of prosecution and, in default of payment thereof, may be sentenced to not more than 30 days' imprisonment, provided that any fine or penalty imposed after conviction for violation of any of these provisions shall be in addition to any charge imposed for abatement of any nuisance created or maintained by such violation.
B. 
Any person, firm or corporation violating §§ 164-4 through 164-7 shall, upon conviction thereof before any District Justice, be liable to a fine of not more than $1,000 plus costs of prosecution, or, in default of the payment of said fine and costs of prosecution, to imprisonment for not more than 30 days in the county jail, provided that where any specific violation of any of the provisions of this article shall result in the creation or maintenance of a condition defined in this article or finding by the Board of Health as a nuisance, prosecution under this section and payment of a penalty or imprisonment thereunder shall not preclude the abatement of such nuisance upon notice from the Board of Health and the payment of the costs of such abatement as provided in this article.