[HISTORY: Adopted by the Borough Council of the Borough of
Milford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-16-1975 by Ord. No. 194, approved 6-15-1975 (Ch. 61 of the 1979 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The residue from burning of wood, coal, coke or other combustible
materials.
A parcel of land separately assessed on the tax assessment
rolls of Pike County as a taxable property, improved with a nonresidential
structure or structures.
[Amended 10-8-1990 by Ord. No. 271]
A bulk storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a large compactor-type truck or other conveyance for disposal.
[Added 6-7-1999 by Ord.
No. 320]
Includes any offal or refuse of fish, fruit, vegetable, animal
matter or any other organic substance subject to fermentation or decay.
A natural person, firm, copartnership, association, school,
church, institution or corporation.
Garbage, ashes, rubbish and riffraff as herein defined.
A parcel of land, separately assessed on the tax rolls of
Pike County as a taxable property, improved with a residential structure
or structures.
[Amended 11-7-1988 by Ord. No. 263; 10-8-1990 by Ord. No. 271]
All material not included in the definition of garbage, refuse,
rubbish and ashes which shall include waste material from construction,
manufacturing or maintenance work, new or used furniture, tires, household
machinery.
[Amended 1-15-1979 by Ord. No. 209]
Includes, rags, street sweepings, dead animals, excelsior,
straw, boxes, old clothes, mattresses, old shoes, leather scrap, oilcloth,
carpet, Christmas trees, prunings from vines, trash and any and all
other flammable waste materials which result from the ordinary conduct
of housekeeping.
[Amended 7-1-2002 by Ord.
No. 345]
A.
All garbage accumulated in the Borough of Milford from residential
units shall be collected, conveyed and disposed of by the collection
service of the Borough of Milford, in accordance with the regulations
of this article and any other applicable regulations of the Borough.
[Amended 11-7-1988 by Ord. No. 263]
B.
All ashes, riffraff and rubbish shall not be collected; however,
the property owners or occupants of residential units must dispose
of the same through private haulers in accordance with all applicable
Borough ordinances and state regulations.
[Amended 11-7-1988 by Ord. No. 263]
C.
The collection and disposal of residential refuse in the Borough
of Milford shall be under the supervision of the Borough Secretary.
He shall have the authority to make authorized 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. An aggrieved person shall have the right
to appeal against any regulation or order made by the Borough Secretary
to the Borough Council which may confirm, modify or revoke any such
regulation or order; provided, however, that no such appeal to Borough
Council shall be permitted as to any regulation covered by this article,
any regulation or any order of the Borough Secretary which shall have
been approved by the Borough Council.
D.
All persons owning and/or occupying residential units within the
Borough of Milford shall dispose of all garbage, rubbish, ashes and
riffraff, and no such person shall transport or dispose of any refuse
by any means not approved by this article.
[Amended 11-7-1988 by Ord. No. 263]
E.
Ownership of garbage properly set out for collection shall be vested
in the Borough of Milford.
[Amended 11-7-1988 by Ord. No. 263]
F.
Residential pickup will be limited to two containers, each container
not to exceed 30 gallons, per calendar week. Any property owner who
exceeds the above quantity of garbage shall, at his own expense, employ
a refuse contractor to collect his refuse; provided, however, that
the contractor complies with all applicable Borough ordinances and
state regulations.
[Added 11-5-1984 by Ord.
No. 243; amended 11-7-1988 by Ord. No. 263; 1-3-2005 by Ord. No. 365]
A.
All householders shall provide individual containers of not less
than five gallons' nor more than 30 gallons' capacity, which
containers shall be metal with tightly fitting covers, shall be windproof,
shall be equipped with handles and shall be designed to be carried
by one man; and the occupants and proprietors of the places where
ashes, refuse and rubbish are accumulated shall provide a sufficient
number of containers so that the aggregate capacity shall be sufficient
for normal needs between the intervals of collection; provided, however,
that the total loaded weight of any such container shall be not more
than 50 pounds, and further that it shall be the responsibility of
each and every householder to maintain said containers in proper condition
for the storage of said materials therein and the handling thereof
by the employees of the collection service.
B.
Plastic bags or waste containers may be used for materials appropriate
to such usage; provided, however, that the total loaded weight of
the plastic containers shall not exceed 50 pounds or the wet breaking
strength of the plastic container, whichever is less. Plastic bags
may not be used for grass or lawn trimming; these materials must be
placed in plastic or metal cans. These containers must be placed for
pickup by the Street Department and not for the garbage/trash hauler.
No more than three such containers may be placed for pickup in any
one week.
[Amended 7-1-2002 by Ord.
No. 345]
C.
Prunings from vines, bushes or trees will not be collected and disposed
of by the Borough Street Department unless they are cut and bundled
separately in lengths not less than 12 inches nor more than 40 inches,
and each bundle shall weigh not more than 50 pounds. No pieces of
prunings from vines, bushes or trees shall be placed in any returnable
metal containers unless said materials are in individual pieces less
than six inches in length.
[Amended 11-7-1988 by Ord. No. 263]
D.
All newspapers and magazines shall be securely bound into units not
exceeding 50 pounds in weight by a binding material that shall not
be weakened by exposure to rainy weather.
E.
No stones may be placed in any container nor may they be removed
by a collector.
F.
Not more than five bundles of prunings from vines, bushes or trees
or newspapers and/or magazines shall be set out on any single collection
day.
G.
Paper boxes shall not be used as containers for any garbage or ashes
and whenever used for other rubbish, riffraff or any other disposable
item they shall not exceed 40 inches in any dimension, shall not exceed
50 pounds in total loaded weight and shall be the sole responsibility
of the person using same in the event of rain, snow, sleet, etc.
H.
Dumpsters and dumpster enclosures.
[Added 6-2-2014 by Ord.
No. 426; 12-1-2014 by Ord. No. 433]
(1)
Dumpsters shall be maintained free of jagged or sharp edges or inside
parts which could prevent the free discharge of their contents.
(2)
Dumpsters shall be emptied by a licensed collector at intervals which
will preclude overflow. Dumpsters and the area around the dumpster
and dumpster enclosure shall not be used for disposal of furniture
and major appliances, except during a scheduled bulk pickup by a licensed
collector.
(3)
The dumpster, dumpster enclosure and all surrounding areas shall
be maintained by the property owner in accordance with this section,
and shall be free of overflowing refuse at all times except on a scheduled
pickup date. If a continuous problem of insufficient dumpster capacity
is proven to exist, additional or larger capacity dumpsters and enclosures
or increased frequency of pickup shall be required in order to eliminate
the overflow problem.
(4)
Dumpsters and dumpster enclosures shall be located in a position
accessible for collection by the equipment of the collector and where
the gates, when open, do not obstruct or obscure traffic.
(5)
The perimeter of the dumpster pad shall be enclosed on three sides
by an enclosure no less than the height of the dumpster plus six inches.
The enclosure must provide a visual barrier between the interior and
exterior of the dumpster area. The remaining sides of the dumpster
enclosure shall be enclosed with gates constructed in accordance with
the following: the gates of the enclosure shall be constructed of
a frame with opaque or translucent walls affixed thereto, and both
frame and walls shall be of a material of sufficient strength to withstand
normal use; gates shall be attached to pressure treated wood at least
four inches in diameter or metal posts at least three inches in diameter
with at least two hinges; each gate shall have a wheel at the bottom
to prevent sagging and shall have drop pins or rods to hold the gate
in place in both open and closed positions.
(6)
Subsection H(1) through (4) shall apply to all dumpsters. Subsection H(5) shall apply to dumpsters installed after the effective date of this article and to all existing dumpsters servicing establishments where food is prepared and sold for consumption such as supermarkets, delicatessens, restaurants, cafes, coffee shops, etc. Any such establishments shall meet the requirements of this section by November 1, 2014.
(8)
The emptying of dumpsters by licensed collectors shall not occur
earlier than 8:00 a.m. or later than 11:00 p.m. on any day.
[Amended 11-7-1988 by Ord. No. 263]
A.
For reasons of sanitation, health, cleanliness and safety, it shall
be unlawful for any person, firm or corporation to burn, bury or otherwise
dispose of ashes, refuse or rubbish within the limits of the Borough
except as herein provided; such materials shall not be permitted to
accumulate on any private property and shall be disposed of through
Borough or private collection at such intervals and such manner as
not to be a menace or nuisance to public health, sanitation, cleanliness
or safety, provided that nothing in this section shall be construed
to prevent the use of clean ashes for fill in such places where ashes
are a suitable material, where the use shall not be a detriment to
public cleanliness and where this use of clean ashes for fill is duly
authorized by the owner of the property involved. It shall be unlawful
for any person to place garbage out for pickup prior to the collection
day.
B.
No person, firm or corporation shall permit the accumulation of any
garbage, rubbish, or riffraff in such manner to cause or promote the
creation of offensive odors, and any such odors shall be considered
a public nuisance.
[Added 6-7-1999 by Ord.
No. 320]
[Amended 11-5-1984 by Ord. No. 244; 11-7-1988 by Ord. No. 263; 6-7-1999 by Ord. No. 320]
In addition to all other provisions of this Chapter 253, the following standards in this § 253-5 shall apply to commercial units.
A.
Number of containers. All commercial units shall be limited to three
containers, each container not to exceed 30 gallons, per calendar
week. Commercial units shall comply with:
B.
Excess refuse. Any commercial unit which exceeds the quantity of refuse stipulated in § 253-5A, above, shall, at its own expense, employ a refuse contractor to collect its excess refuse. Such collection shall comply with the following:
(1)
All applicable Borough ordinances and state regulations.
(2)
Refuse containers shall be strong, durable and of such design to
minimize the entry of precipitation, rodents and insects.
(3)
A sufficient number of containers for the storage of refuse shall
be provided at commercial units to prevent overflow and the refuse
shall be removed at regular intervals to maintain the premises at
all times in a sanitary, clean and tidy condition and to prevent the
accumulation of refuse which constitutes a nuisance or fire hazard.
(4)
In the case where the commercial unit generates garbage as a component
of the excess refuse, the following additional standards shall apply:
(b)
The dumpster shall not be located in or on a public right-of-way.
(c)
Garbage and other waste materials shall be completely contained
within the dumpster and shall not be accumulated so that the dumpster
cover cannot be firmly closed.
(d)
The dumpster shall be kept painted and in good repair, be structurally
sound to stand firmly upright, be leakproof and be easily opened and
closed.
(e)
The dumpster shall be emptied a minimum of once per week.
(f)
The dumpster shall have the name of the company or individual
owning and/or servicing such dumpster clearly printed on either the
front or the back of the dumpster.
C.
Screening. All commercial units shall provide screening for all storage areas for containers or dumpsters used for ashes, garbage, riffraff or rubbish in order to minimize the visibility of such areas from public streets and adjoining properties. Such screening shall be comprised of building walls, shrubs, fencing, or other landscaping to provide an effective visual barrier. Prior to the initiation of any new commercial use or change of an existing commercial use in the Borough, the owner and/or occupant of the commercial unit shall provide for approval by the Borough, a plot plan of the lot on which the use is located showing the details of how the required screening will be provided. In the case of existing commercial units, the plot plan and the required screening shall be provided within 18 months of the effective date of this § 253-5C.
On and after the date of the approval of this article, pursuant
to the authority contained in this article, it shall be unlawful:
A.
For any person to collect, convey over any of the streets or alleys
of the Borough of Milford or dispose of any refuse accumulated in
said Borough in any manner not approved of in this article or subsequent
regulations.
B.
For any person to place any refuse in any street, alley or other
public place, or upon private property within the Borough, whether
owned by such person or not, unless it is in proper receptacles for
collection. No person shall throw or deposit any refuse in any stream
or other body of water.
C.
For any person not a resident of the Borough of Milford to deposit
any garbage, refuse or riffraff at or near any residential or commercial
unit for collection or disposal of the same.
[Amended 11-7-1988 by Ord. No. 263]
D.
For any person to allow the accumulation of refuse on any premises
in the Borough of Milford other than for the purpose of collection
in the manner provided by this article, or by special regulation of
the Borough Council. Any unauthorized accumulation of refuse on any
premises is hereby declared to be a nuisance and is prohibited. Failure
to remove unauthorized accumulation of refuse within 48 hours after
written notice to either the occupant or owner shall be deemed a violation
of this subsection.
[Amended 5-5-2008 by Ord.
No. 390]
E.
For any person, other than the occupants of the premises on which
refuse receptacles are stored or the collector, to remove the covers
of any of the refuse receptacles or to remove the refuse stored in
such containers.
F.
For any person to place any refuse, garbage, trash or wet lawn trimmings,
etc., in a plastic bag or plastic container of any other kind for
collection and/or disposal, if the size of the bag, or container,
exceeds 40 inches in any dimension or whenever the weight of the contents
of the plastic bag, or container, exceeds 50 pounds or the strength
of the bag or container whichever is less.
G.
To place in any containers provided for refuse collection any wearing
apparel, bedding or refuse from premises where highly infectious or
contagious diseases have prevailed, or any highly flammable or explosive
refuse.
H.
To haul refuse over the streets of the Borough of Milford in any
vehicle other than a watertight vehicle provided with a tight cover
so as to prevent offensive odors from escaping therefrom and refuse
from being blown, dropped or spilled therefrom. No refuse shall be
dumped or disposed of within the limits of the Borough of Milford.
I.
To allow riffraff in the form of excess building materials, used
tools, waste from the whole or partial demolition of structures or
any other matter, other than building materials to be installed in
the premises and construction equipment and tools for use on the structure
located or to be located on the site, to accumulate on the site, and
said riffraff shall be removed as fast as conditions warrant but,
in no case, less frequently than every 30 days. Combustible material
shall be removed daily and shall not be disposed of by burning or
by burying on the site or in the immediate vicinity, and the entire
premises and area adjoining and around the operation shall be kept
in a safe and sanitary condition and free of accumulations of trash,
rubbish, riffraff, nuts, bolts, small tools and other equipment.
[Added 1-5-1979 by Ord.
No. 209]
J.
For any hauler to pickup garbage, rubbish or refuse within the Borough
at a time between the hours of 11:00 p.m. and 5:00 a.m.
[Added 9-9-1991 by Ord.
No. 273]
[Amended 6-18-1979 by Ord. No. 222; 11-7-1988 by Ord. No. 264; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Pike County.
