[Adopted 6-10-1963 by Ord. No. 448, approved 6-10-1963]
A. 
The following words and terms, as used in this article, shall have the meanings hereby ascribed thereto, unless the context clearly indicates a different meaning.
COMBUSTIBLE REFUSE
All paper, straw, excelsior, rags, rubber, shoes and such other refuse as may result from ordinary housekeeping or commercial pursuits and which may be burned by fire.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowls, vegetables and fruits and parts thereof, and other articles and materials ordinarily used for food and which have become unfit for such use or which are for any reason discarded.
INCOMBUSTIBLE REFUSE
All discarded articles or materials, except sewage, liquid waste, garbage and combustible refuse.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE
All combustible refuse and incombustible refuse, referred to collectively.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 4-3-1972 by Ord. No. 528, approved 4-3-1972]
No person shall dispose of any refuse in the Borough of Darby except in the manner and means herein set forth. No person shall dispose of any refuse by dumping or abandoning the same at any place or places within the limits of the Borough of Darby. No person shall permit refuse to accumulate at or on any place within the Borough of Darby that is under the person's direct ownership, supervision or control.
No person except the contractor designated as herein provided shall collect refuse from any other person for ultimate disposal, nor shall any person except the aforementioned contractor haul any refuse for any other person within this Borough or from any point within this Borough to any place or location outside the Borough limits; provided, however, that the person who shall haul his own refuse shall have first provided himself with a proper conveyance in which such refuse can be conveyed in such a manner as not to be a source of annoyance or unpleasant odors and so as not to leak, drip or be scattered upon any of the streets or alleys of the Borough, and provided further that all business establishments shall be required to haul or cause to be hauled their own refuse in conveyances so constructed as to avoid the prohibitions set forth above.
The contract for the exclusive right to collect refuse from other persons in the Borough and for the conveyance thereof shall be awarded from time to time, for such period of time as shall be determined by the Borough Council, to the lowest responsible bidder, following the procedure prescribed by the Borough Code for the award of contracts in excess of $1,000. Such contract shall fix and regulate, in a manner not inconsistent with the terms of this article, as Council shall direct, the manner, method and time of collecting and conveying refuse. The person to whom such contract shall be awarded shall, before undertaking any of his duties thereunder, give bond to the Borough in such sum and with such security as the Council shall require, conditioned for the faithful compliance with the terms of the contract.
[Amended 10-5-1964 by Ord. No. 458, approved 10-5-1964]
Each person for whom the said contractor shall collect refuse shall prepare such refuse in the following manner:
A. 
All refuse shall be assembled and placed in a metal container with a top or covering, in such a way that it can be handled conveniently and will not be disseminated by wind or otherwise while awaiting collection.
B. 
No paper bags or cardboard boxes may be used as a container for refuse.
C. 
Newspapers may be put out for collection, provided they are placed in a bundle and securely bound.
D. 
All refuse shall be placed for collection at the place and time set forth in the notices of the contractors which shall be left on such premises.
E. 
A mattress, box spring and/or any upholstered furniture, when placed curbside for bulk trash collection, shall be sealed in a plastic bag. The failure to do so may result in noncollection, imposition of a $100 civil fine, and other penalties that may be imposed pursuant to this article and applicable law.
[Added 8-19-2015 by Ord. No. 772]
[Amended 3-5-1975 by Ord. No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be provided, above for each separate offense.