[Adopted 8-19-1982 by Ord. No. 440]
Editor's Note: This ordinance also repealed former Ch. 109, Trash Collection, adopted 3-30-1978 by Ord. No. 343, as amended.
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.
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]
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.
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.