[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:
ASHES
The residue from burning of wood, coal, coke or other combustible
materials.
COMMERCIAL UNIT
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]
DUMPSTER
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]
GARBAGE
Includes any offal or refuse of fish, fruit, vegetable, animal
matter or any other organic substance subject to fermentation or decay.
PERSON
A natural person, firm, copartnership, association, school,
church, institution or corporation.
REFUSE
Garbage, ashes, rubbish and riffraff as herein defined.
RESIDENTIAL UNIT
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]
RIFFRAFF
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]
RUBBISH
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]
[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:
(1) The requirements of §
253-2 governing the collection of refuse.
(2) The requirements of §
253-3 governing the type of containers and packaging of refuse.
(3) The requirements of §
253-4 governing accumulation and disposal restrictions.
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:
(a)
All excess garbage shall be contained in a dumpster as defined in §
253-1.
(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.