[Adopted 12-2-1985 by Ord. No. 217 (Ch. 74, Art. III, of the 1982 Code)]
A.Â
ASHES
BULKY RUBBISH
DISPOSAL
DWELLING UNIT
(1)Â
(2)Â
(3)Â
GARBAGE
PERSON
REFUSE
RUBBISH
As used in this
article, the following terms shall have the meanings indicated:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Includes discarded furniture and large household appliances,
such as refrigerators, washing machines, bathtubs, sinks and commodes.
Includes the storage, collection, disposal or handling of
refuse.
Any habitable property occupied by one or more persons. For
purposes of this article and any other ordinance of the Township of
Muhlenberg dealing with garbage, ashes, rubbish, bulky rubbish or
refuse, a "dwelling unit" shall not include:
[Amended 4-19-2016 by Ord. No. 559]
Any single tract of land or buildings or any structure containing
10 or more separate residential units, provided that a single tract
of land or buildings or any structure containing between four and
nine separate residential units may be excluded from the definition
of "dwelling unit" if, upon application by the owner thereof, the
Township grants an exemption thereto. The Township shall determine
whether or not to approve an application for exemption based on the
nature, size and location of the property and the impact that granting
such exemption would have on the health, safety and welfare of the
citizens of the Township in the area of the Township in which such
property is located. Factors to be considered in determining whether
or not to grant an exemption shall include, without limitation, the
size and configuration of the property on which any community trash
collection and storage container or dumpster will be located and the
impact that locating a community trash collection and storage container
or dumpster on such property will have on on-site and nearby residents'
enjoyment of their property, on traffic, and on whether or not the
location of a community trash collection and storage container or
dumpster on such property shall decrease on-site parking availability
to an unacceptable level. Any fee to file an application for exemption
shall be set by resolution of the Board of Commissioners.
Any trailer park or court.
Any farm labor or migrant worker camp or dwelling.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Includes any natural person, association, partnership, firm
or corporation.
All solid wastes, except body wastes, and shall include garbage,
ashes and rubbish.
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
B.Â
Word usage. The
singular shall include the plural, and the masculine shall include
the feminine and the neuter.
A.Â
Garbage shall
be drained and stored in durable, rust-resisting, nonabsorbent, watertight,
easily washable containers, equipped with handles and tight-fitting
covers.
B.Â
Ashes shall be
stored in fire-resistant containers equipped with handles and tight-fitting
covers. Ashes containing hot embers shall not be collected until they
have been adequately quenched.
C.Â
Rubbish shall
be stored in durable containers with tight-fitting covers. Tree trimmings,
hedge clippings, old newspapers and similar materials, which cannot
be conveniently placed in the aforementioned containers, shall be
baled, tied or stacked in compact bundles less than five feet in length
and placed in a location easily accessible to the collector.
D.Â
Bulky rubbish
shall not be allowed to accumulate on any premises except in containers
which are approved by the Township in accordance with the specifications
contained in this article.
E.Â
No person shall
place refuse in any street, alley or other public place or upon any
private property within the limits of the Township of Muhlenberg,
unless it is placed in a proper refuse container for collection. No
person shall throw or deposit refuse in any stream or any other body
of water.
F.Â
Any unauthorized
accumulation of refuse on any premises is hereby declared to be a
nuisance and is prohibited. Failure to remove any existing accumulation
of refuse within three days after the effective date of this article
shall be deemed a violation of same.
G.Â
Certain materials,
such as scrap lumber used for building purposes and firewood, may
be stored and kept on the premises, but they shall be stored so that
a minimum clear space of 12 inches above the ground surface is provided.
All refuse storage shall conform to the following
standards:
A.Â
General.
(1)Â
All refuse
receptacles shall be provided by the owner, tenant or occupant of
the premises unless otherwise specified.
(2)Â
The storage
of all refuse by residents of the Township shall be practiced so as
to prevent the attraction, harborage or breeding of insects and/or
rodents, and to eliminate conditions harmful to public health or which
create safety hazards, odors, unsightliness and public nuisances.
(3)Â
A sufficient
number of containers shall be provided by the owner, tenant or occupant
of the premises to contain all waste materials generated between regularly
scheduled collections.
B.Â
Individual containers.
Individual containers utilized for the storage of refuse at each dwelling
unit shall have the following physical characteristics. Each containers
shall:
C.Â
Disposable containers.
Disposable containers, such as paper and polyethylene bags, shall
be acceptable for storage of refuse, provided that the following conditions
are met:
(1)Â
Only those
bags specially designed for storage and collection shall be used.
(2)Â
Bags are protected
against precipitation, animal damage and overloading to prevent littering
or attracting of vectors.
(3)Â
Bags have
holding strength capable of withstanding stresses until they are collected.
(4)Â
The opening
is securely closed prior to setting out for collection.
D.Â
Open storage.
Certain wastes of a nondecomposable nature may be stored temporarily
in a manner other than containerization.
(1)Â
Tree prunings,
brush and yard trimmings, when stored outside of containers, shall
be tied securely in bundles of such size as to be readily handled
by the collection system and not to exceed five feet in length or
18 inches in diameter.
(2)Â
Tires and
outsized wastes, such as furniture and appliances, shall be stored
so that water accumulation and rodent harborage are prevented.
A.Â
Place of collection.
For collection purposes, refuse containers shall be placed at ground
level on the property along the curbline, not within the cartway of
a street or alley, and easily accessible from the side of the street
or alley from which collection is made.
B.Â
Frequency of collection.
Refuse shall be collected at such times as might be agreed upon by
the Township and its authorized trash collection contractors.[1]
[1]
Editor’s Note: Original § 74-28 of the 1982
Code, Licensed refuse collectors, and § 74-29 of the 1982
Code, Collection vehicles, which immediately followed this section,
were repealed 4-19-2016 by Ord. No. 559.
No person shall hereafter dispose of any refuse
collected in the Township of Muhlenberg, Berks County, Pennsylvania,
except by conveyance to a disposal facility approved by the Pennsylvania
Department of Environmental Protection.[1]
[1]
Editor's Note: Original § 74-31
of the 1982 Code, Collection charge, which immediately followed this
section, was repealed 12-15-2008 by Ord. No. 464.
A.Â
Any person who
shall violate any provision of this article shall, upon conviction,
be sentenced to pay a fine of not less than $100 nor more than $1,000
or, in default of payment of such fine, then to imprisonment for not
more than 10 days.
[Amended 11-7-1988 by Ord. No. 250[1]]
[1]
Editor's Note: This ordinance also provided
that the fines and penalties may be collected by suit brought in the
name of the Township before any Magisterial District Judge, in like
manner as debts of like amount may be sued for by existing laws, and
to remit such fines and penalties.
B.Â
Each day's continuance
of a violation of this article shall constitute a separate offense.
In any case where a provision of this article
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail. In any case where a provision
of this article is found to be in conflict with a provision of any
other ordinance of the Code of the Township of Muhlenberg existing
on the effective date of this article which establishes a lower standard
for the promotion and protection of the health and safety of the people
than the provisions of this article, said pre-existing provision is
hereby declared to be repealed to the extent that it may be found
in conflict with this article.