This Article shall be known and cited as the "Borough of Westmont Garbage Disposal Ordinance."
[Adopted 5-8-1978 by Ord. No. 553]
As used in this article, the following terms shall have the meanings indicated:
Any point or location other than as set forth in the definition of curbside.
Any business of any nature operated within the Borough of Westmont.
A point bordering on the front street immediately adjacent to premises of the owner or occupant or a point as designated by the Director of Public Works of the Borough of Westmont.
The residence of each separate residential household supported and/or maintained by a person qualified as "head of household" under the provisions of the Internal Revenue Code.
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include more than a minimum amount of free liquids.
A natural person, firm, copartnership, association or corporation.
Garbage and rubbish as herein defined.
All waste materials not included in garbage, except building rubbish from building construction or reconstruction, street refuse, industrial refuse, dead animals, abandoned large machinery or vehicles or such other waste materials as are not commonly produced in homes, stores and institutions.
A.
All refuse accumulated in the Borough of Westmont in family units shall be collected, conveyed and disposed of by the Borough of Westmont or such private garbage collection service with which the Borough of Westmont may enter into a contract for the collection of refuse within the borough, and the cost of such service shall be paid for as provided in the schedule of fees set forth in § 186-6, as amended from time to time by the Borough of Westmont, by the person producing the refuse or responsible for the existence or disposal thereof or for whom such refuse is removed.
B.
It shall be unlawful for any person to collect, convey or dispose of any refuse accumulated in the borough in family units, except employees of the Borough of Westmont or the contractor engaged by the Borough of Westmont, and in accordance with the regulations contained in this article.
C.
The owners or operators of a business within the Borough of Westmont shall arrange for the removal and disposal of waste by private contractors under the supervision of the Director of Public Works and in accordance with the regulations contained herein.
D.
Any refuse collected and disposed of from a business within the borough shall be hauled in a power-compaction-type vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped and spilled.
E.
The collection and disposal of refuse in the Borough of Westmont shall be under the supervision of the Public Works Director of the Borough of Westmont, as directed by the Borough Council. He shall have authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection and disposal as he may deem advisable and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. Any aggrieved person shall have the right of appeal against any regulation made by the Public Works Director to the Borough Council which may confirm, modify or revoke any such regulations.
A.
Separation of refuse. Garbage and rubbish shall be placed and maintained in separate containers.
B.
Preparation of refuse.
(1)
All garbage, before being placed in garbage cans for collection, shall have drained from it all free liquids and may be wrapped in paper.
(2)
All rubbish shall be drained of liquid before being deposited for collection.
(3)
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
(4)
Tree trimmings, hedge clippings and similar materials are classified as trash only to be picked up on trash collection days and not as garbage or refuse and shall not exceed four feet in length and be tied in bundles of not more than two feet thick.
C.
Refuse containers.
(1)
Type; capacity; cleaning.
(a)
Garbage receptacles shall be made of metal or plastic and must be watertight and be provided with a tight-fitting cover.
(b)
No person shall use for the reception of garbage any receptacle having the capacity of more than 20 gallons.
(c)
All garbage receptacles shall be kept as sanitary as possible in view of the use to which they are put and shall be thoroughly cleansed by the occupant after garbage is removed by the collector.
(2)
Rubbish receptacles shall be of a suitable kind, which can be easily handled by one person.
[Amended 10-13-1992 by Ord. No. 698]
(3)
Furnishing and maintenance.
(a)
All refuse receptacles shall be provided by the owner, tenant, lessee or occupant of the premises.
(b)
All refuse receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
D.
Storing of refuse.
(1)
No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within the borough except that it is in proper receptacles for collection or under an express approval granted by the Borough Council. No person shall throw or deposit any refuse in any stream or other body of water.
(2)
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 30 days after the effective date of this article shall be deemed a violation of this article.
(3)
It shall be unlawful for any person, other than the occupants of the premises on which refuse receptacles are stored, or the collector, to remove the covers or any of the contents of refuse receptacles.
(4)
The container to be picked up shall be placed within five feet of the curb or alley line, except for backyard pickup.
A.
Frequency of collection.
(1)
Refuse shall be collected on a regular basis on the days established by the Director of Public Works of the Borough of Westmont, as approved by the Borough Council.
(2)
In addition, there will be trash collections in the Borough at such times as established by the Director of Public Works and approved by the Council.
(3)
For the Borough's annual trash drive, residents shall not place trash at the curb or alley earlier than the weekend before the commencement of the trash collection scheduled pickup date.
[Added 6-12-1990 by Ord. No. 674]
B.
Limitation on quantity. The quantity of refuse permitted for each family unit on and after January 1, 1979, shall be four cans or four bags of refuse per week, each can or bag to have a capacity of not more than 20 gallons.
[Amended 7-10-1978 by Ord. No. 554; 12-11-1978 by Ord. No. 559]
[Amended 12-9-1980 by Ord. No. 578; 12-14-1982 by Ord. No. 605; 12-11-1989 by Ord. No. 667; 2-11-2020 by Ord. No. 842; 12-10-2024 by Ord. No. 860; 12-9-2025 by Ord. No. 866]
A.
The annual fee for the collection and disposal of refuse for the year 2026 shall be as follows:
(1)
For family units, curbside, $192 per year. Payment of the annual fee herein prescribed for the year 2026 must be made on or before the 28th day of February 2026. Payment of the fee after February 28, 2026, shall be the sum of $207.
(2)
For family units, backyard, $265 per year. Payment of the annual fee herein prescribed for the year 2026 must be made on or before the 28th of February 2026. Payment of the fee after February 28, 2026, shall be the sum of $280.
(3)
Any account not paid in full on or before March 31, 2026, will be filed with the District Magistrate's Office for collection.
B.
Prorated fees.
(1)
In the event that a dwelling unit is newly erected and occupied within the Borough during the course of the year, the fee for garbage collection shall be prorated beginning on the first day of the month during which the premises are occupied.
(2)
Any fee paid for the entire year by a resident who moves from the Borough shall be refunded 80% pro rata as of the first day of the month following the date of removal.
C.
In the event of the failure of the owner and/or occupant to pay the garbage collection and disposal fee established herein, the Borough reserves the right to stop service herein provided for and to proceed to collect the unpaid charge in the manner provided by law for the collection of a municipal claim or by filing of an action in assumpsit for the amount of said delinquency, plus legal interest thereon.
[Amended 10-13-1992 by Ord. No. 698]
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article or of any regulation made by the Council or the Director of Public Works under the provisions hereof shall, upon conviction thereof, pay a fine of not more than $600 and, in default of the payment of such fine and costs of prosecution, shall be imprisoned in the county jail for a period of not more than 30 days. After notice, each day's neglect to comply with the provisions of this article or any such regulation shall be deemed a separate offense and be subject in all respects to the same penalty as the first offense, and separate proceedings may be instituted and separate penalties imposed for each day's offense after the first conviction.