[Adopted 8-19-1982 by Ord. No. 440[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 109, Trash Collection, adopted 3-30-1978 by Ord. No. 343,
as amended.
A.
Ashes, garbage, rubbish and other refuse materials
shall be collected by the Township or by persons acting on behalf
of the Township (in which case, the contract outline and specifications
with whom the Township has contracted shall be incorporated herein
by reference as fully as though set forth at length) from every person,
firm, association or corporation, except owners or renters of commercial
establishments, industrial establishments and/or multifamily dwellings
exceeding three dwelling units, at such places and times as shall
be determined by the Board of Supervisors from time to time.
B.
Every person, firm, association or corporation that
owns or rents commercial establishments, industrial establishments
and/or multifamily dwellings exceeding three dwelling units shall
be responsible for the timely removal of ashes, garbage, rubbish and
other refuse materials that either it produced or is produced by others
but for which it retains responsibility to remove.
[Amended 9-13-2001 by Ord. No. 738; 8-12-2004 by Ord. No.
793]
A.
No person, firm, association or corporation from whom
the Township or persons acting on behalf of the Township collect ashes,
garbage, rubbish and other refuse materials shall place any ashes,
garbage, rubbish and other refuse materials at a pickup point before
6:00 p.m. of the day before a pickup day. A "pickup day" for any pickup
point shall be the date scheduled for collection at such pickup point.
If collection is not made on the date as scheduled, the pickup day
shall be extended to 11:59 p.m. of the following day. Emptied receptacles
shall be removed from the pickup point no later than 11:59 p.m. of
the pickup day.
B.
No person, firm, association or corporation that collects
ashes, garbage, rubbish or other refuse materials from commercial
establishments, institutional establishments, industrial establishments
and/or multifamily dwellings exceeding three dwelling units shall
collect such materials before 7:00 a.m. or after 10:00 p.m. on any
day of the week.
Any ashes, garbage, rubbish and/or other refuse
materials placed at a pickup point for collection shall be contained
in such fashion that no odor is detectable from any point on the property
of another.
The maintenance and condition of each pickup
point shall be the responsibility of the person, firm, association
or corporation who owns or occupies the premises which is serviced,
and if ashes, garbage, rubbish or other refuse materials are left
at a pickup point in violation of the terms of this article, both
the owners and the persons occupying the premises serviced by such
pickup point shall be subject to prosecution for such violation in
accordance with this article.
For purposes of this article, a "pickup point"
shall be that area where the ashes, garbage, rubbish or other refuse
materials are placed for collection; if the area is located other
than on the lot upon which the refuse producer is located and is in
either a public or private right-of-way, the area shall include that
portion of the right-of-way which is bounded on one side by the street
line, by the center line of such right-of-way and by extensions into
the right-of-way of the side lot lines.
For purposes of this article, the definition of the terms "right-of-way," "street line," "lot line" and "lot" shall be the same as they are defined in Chapter 116, Zoning, of the Code of the Township of Whitemarsh.
The Board of Supervisors of Whitemarsh Township
is hereby authorized to make and promulgate any additional rules and
regulations for the collection, removal and disposal of ashes, garbage,
rubbish and other refuse materials not in conflict with this article,
and violations of the same shall be subject to the same penalties
as provided in this article, after the same shall be approved by the
Board of Supervisors.
[Amended 12-8-1988 by Ord. No. 565]
Any person, firm, association or corporation
violating any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine not to exceed the maximum fine of $1,000,
plus costs of prosecution and, in default of payment of such costs
of prosecution, imprisonment for a term not exceeding 30 days; provided,
however, that if the District Justice determines that the defendant
is without the financial means to pay the fines and costs immediately
or in a single remittance, such defendant shall be permitted to pay
the fines or costs in installments and over such periods of time as
the District Justice deems to be just. Each day's continuance of the
violation of this article shall constitute a separate offense.
If any of the provisions of this article or
the application of the provisions hereof shall be declared invalid,
such invalidity shall not affect the validity of the remainder of
this article, it being the intent that the provisions of this article
shall be severable and remain valid notwithstanding such declarations.
This article shall take effect five days from
the date that it was approved.
