[Adopted 4-16-1968 by Ord. No. 378, approved 4-16-1968]
For the purpose of this article, the following
words shall have the meanings as herein defined:
The number of containers of refuse collected over and above
the quantity identified as "basic service."
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
Any building housing three or more living quarters. Each
living quarters may be considered a single dwelling receiving service
if each sets out its own containers; or if the material is combined
in common containers for each collection and the owner or representative
of the owner is responsible for the contract, the combined service
will then be billed accordingly.
The amount of refuse up to four containers to be collected
per scheduled weekly collection from each customer, which has been
set out as directed. Single dwellings are always considered "basic
service."
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
The Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania.[1]
The individual, corporation, partnership, entity, or political
subdivision designated by the Borough to collect refuse and garbage
in accordance with this article.
[Added 7-16-2019 by Ord.
No. 936, approved 7-16-2019]
The time of regular collection of refuse, which shall be
made from all customers once each week or as otherwise directed.
[Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985]
Any business, industry, institution or apartment house, or
combination of businesses, industries, institutions or apartment houses
which shall accumulate refuse for disposal and collection in one or
a series of containers.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
[Amended 12-30-1982 by Ord. No. 517, approved 12-30-1982; 10-19-1993 by Ord. No.
623, approved 10-19-1993; 12-16-2014 by Ord. No. 901, approved 12-16-2014]
Refuse containers shall be constructed of durable, watertight,
rustproof or rust-resistant material, either metal or plastic, and
shall be covered with a tight lid, in such manner as shall prevent
animals and/or rodents from removing the contents thereof.
Refuse containers shall be of such size, shape and structural
integrity as can be easily handled by one person with a maximum filled
weight, including the container, of 50 pounds, excluding dumpsters
which may be purchased or rented from the Borough.
As used herein, "containers" shall include plastic bags, which
may be used for disposal or as liners for other garbage containers
but shall not be acceptable as the sole means for storage or refuse
for periods longer than 24 hours prior to collection, except when
inside a residence or other enclosed structure.
Plastic bags, when used as containers, shall be kept in sanitary
condition and shall not be torn, ripped or damaged when placed at
the curbside. Additionally, these containers shall be tied securely
so as to prevent garbage from littering the sidewalk.
Additional standards for containers may be established by resolution
of Borough Council from time to time.
The Council of the Borough of Shippensburg, Pennsylvania.
A twin home, and each living quarters is considered a single
dwelling.
A storage receptacle used to temporarily store debris or
garbage and which is then emptied of its contents or removed with
its contents.
[Added 5-4-2004 by Ord. No. 779, approved 5-4-2004]
Two living quarters, either one above the other or side by
side, which may be considered two single dwellings, each receiving
service, or as an apartment if the collection of recycling is combined
in common containers and paid for by the property owner or representative.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
See the definition in Chapter 150 of the Code of the Borough of Shippensburg.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
Any device specifically designed for the destruction, by
burning, of refuse or other combustible waste material.
Includes garbage (animal and vegetable waste, including all
carcasses, fat, bone, swill and vegetable and animal refuse resulting
from the storage, handling, preparation and consumption of food),
ashes (all waste remaining after burning of coal, coke, wood or other
substances in furnaces or open grates) and rubbish (all other waste).
Homes in a row, each of which shall be considered a single
dwelling.
The residence of family as a unit, all using the same facilities
simultaneously.
A dumpster which is allowed to be placed for a period not
to exceed six months. Rates and fees regarding temporary dumpsters
are established, from time to time, by resolution of the Council of
the Borough of Shippensburg.
[Added 12-16-2014 by Ord.
901, approved 12-16-2014]
[1]
Editor's Note: The former definition of "business or industry,"
which immediately followed this definition, was repealed 12-16-2014
by Ord. No. 901, approved 12-16-2014.
[Amended 12-30-1982 by Ord. No. 517, approved 12-30-1982]
A.Â
Preparation of refuse.
(1)Â
All garbage, and other refuse, shall be placed in
containers.
(2)Â
All garbage, and other refuse, shall be drained of
liquid and wrapped in paper or plastic.[1]
[1]
Editor's Note: Former Subsection A(3), which
included provisions on tree trimmings, hedge clippings and similar
refuse, and which immediately followed this subsection, was repealed
10-19-1993 by Ord. No. 623, approved 10-19-1993. Former Subsection
A(4), which included provisions on printed matter, was repealed 5-4-2004
by Ord. No. 779, approved 5-4-2004.
B.Â
Refuse containers.
(1)Â
All refuse containers shall conform to the provisions
of this article and as defined herein.
(2)Â
All refuse containers shall be kept in a sanitary
and good condition.
(3)Â
Any refuse container that does not conform with this
article and as defined herein, or which is likely to injure an employee,
or which hampers the prompt collection of refuse, shall be replaced
upon notice from the Borough.
C.Â
Accumulation of refuse.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
(1)Â
All residents and commercial establishments within the corporate
limits of the Borough of Shippensburg shall be required to participate
in the Borough's refuse collection program for the removal of
any/all accumulated refuse at least once per week.
(2)Â
No person shall permit refuse to accumulate on the surface of the
ground or cause or permit refuse to be deposited on any street, alley,
walk, storm sewer stream, body of water or other public place. In
no event shall refuse be placed on the property of another without
the consent of the owner of the same.
(3)Â
Commercial establishments shall provide for the removal of such refuse
as often as may be necessary in order to maintain a sanitary and healthful
condition. However, in no instance shall removal be less than once
a week. Such establishments may utilize, for storage, dumpsters which
can be emptied into compactor-type trucks.
(4)Â
Refuse that is not municipal waste (including highly flammable or
explosive nature, or highly infectious or contagious refuse) shall
not be placed at the curbside, shall not be accumulated and/or stored
on any property for longer than 24 hours, and must be removed by a
qualified and competent contractor.
(5)Â
No refuse produced or accumulated outside of the Borough shall be
brought into the Borough for disposal,. unless an exception is granted
by Borough Council.
D.Â
Location of containers.
(1)Â
Refuse containers shall be placed, wherever possible,
at ground level on the property, not within the cartway of a street
or alley, but accessible to and not more than 10 feet from the side
or curb of the street or alley from which collection is made. Where,
in the opinion of the Borough, the physical characteristics of a property
and the area adjacent thereto are such that compliance with this provision
for location of containers is not practical, the Borough may require
alternate locations for containers.
(2)Â
Refuse containers must be placed at the location for
collection no later than 4:00 a.m. on the scheduled day of pick-up.
Refuse containers shall not be placed at the location for collection
earlier than 24 hours prior to collection, and must be removed not
later than 24 hours after collection.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
(3)Â
Containers shall be located on the property so as
not to create offensive or noxious odors on adjoining properties.
Containers placed on property in such manner as to create noxious
or offensive odors on adjoining property shall constitute a private
nuisance.
[Added 10-19-1993 by Ord. No. 623, approved 10-19-1993]
(4)Â
Containers shall serve only a single property or a
group of properties adjoining each other and owned by a single owner.
[Added 12-13-1994 by Ord. No. 642, approved 12-13-1994]
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
A.Â
All
refuse, with the exception of refuse from certain types of commercial
establishments that generate nonmunicipal waste, shall be removed
by the Borough Collector. No person, firm, company or corporation
other than the Borough Collector shall be permitted to remove refuse
from within the corporate limits of the Borough of Shippensburg, unless
otherwise approved by Borough Council based on the generation of nonmunicipal
waste.
B.Â
Furnishing
containers. The resident of each dwelling unit shall be responsible
for providing an approved container for storage of refuse. No refuse
may be stored at any time in violation of this article. Commercial
establishments and apartments may utilize dumpsters which can be emptied
into compactor-style refuse trucks, either by purchasing or renting
them from the Borough.
[Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 5-4-2004 by Ord. No. 779, approved 5-4-2004]
Disposal of refuse collected by the Borough
will be at a licensed landfill.
[1]
Editor’s Note: Former § 99-5, Outdoor fires,
was repealed 2-19-2013 by Ord. No. 891, approved 2-19-2013.
[Last amended 12-13-1994 by Ord. No. 642, approved 12-13-1994]
Rates for collection of garbage and refuse shall
not exceed those schedules which shall be adopted from time to time
by resolution of the Council of the Borough of Shippensburg, provided
that rates shall not be changed more than one time in any calendar
year, unless said rates shall be approved by passage of an ordinance
fixing the rates.
[1]
Editor's Note: Former § 99-7, Miscellaneous
incinerator charges, added 12-15-1970 by Ord. No. 400, approved 12-15-1970,
as amended, was repealed 5-4-2004 by Ord. No. 779, approved 5-4-2004.
[1]
Editor’s Note: Former § 99-8, Private incinerators;
outdoor burning, as amended, was repealed 2-19-2013 by Ord. No. 891,
approved 2-19-2013.
[Amended 7-16-2002 by Ord. No. 758, approved 7-16-2002]
The Borough Manager shall have the authority
to enforce the provisions of this chapter, as shall any code enforcement
officer or police officer of the Borough. The Fire Chief is charged
with enforcing matters pertaining to burning.
[Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 5-4-2004 by Ord. No. 779, approved 5-4-2004; 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
Any person, partnership or corporation violating
any provisions of this article shall, upon conviction in summary proceedings,
be sentenced to pay a fine of not less than $300 nor more than $1,000
per offense, plus court costs and reasonable attorney fees incurred
by the Borough in the enforcement proceedings. A separate offense
shall arise for each day or portion of a day in which a violation
is found to exist or for each section of the ordinance which is found
to be violated.
