Township of Muhlenberg, PA Article I Collection and Storage

[Adopted 12-2-1985 by Ord. No. 217 (Ch. 74, Art. III, of the 1982 Code)]

§ 294-1 Definitions.

A. As used in this article, the following terms shall have the meanings indicated:

ASHES

The residue resulting from the burning of wood, coal, coke or other combustible material.

BULKY RUBBISH

Includes discarded furniture and large household appliances, such as refrigerators, washing machines, bathtubs, sinks and commodes.

DISPOSAL

Includes the storage, collection, disposal or handling of refuse.

DWELLING UNIT

Any habitable property occupied by one or more persons. For purposes of this article and any other ordinance of the Township of Muhlenberg dealing with garbage, ashes, rubbish, bulky rubbish or refuse, a "dwelling unit" shall not include:

[Amended 4-19-2016 by Ord. No. 559]

(1) Any single tract of land or buildings or any structure containing 10 or more separate residential units, provided that a single tract of land or buildings or any structure containing between four and nine separate residential units may be excluded from the definition of "dwelling unit" if, upon application by the owner thereof, the Township grants an exemption thereto. The Township shall determine whether or not to approve an application for exemption based on the nature, size and location of the property and the impact that granting such exemption would have on the health, safety and welfare of the citizens of the Township in the area of the Township in which such property is located. Factors to be considered in determining whether or not to grant an exemption shall include, without limitation, the size and configuration of the property on which any community trash collection and storage container or dumpster will be located and the impact that locating a community trash collection and storage container or dumpster on such property will have on on-site and nearby residents' enjoyment of their property, on traffic, and on whether or not the location of a community trash collection and storage container or dumpster on such property shall decrease on-site parking availability to an unacceptable level. Any fee to file an application for exemption shall be set by resolution of the Board of Commissioners.

(2) Any trailer park or court.

(3) Any farm labor or migrant worker camp or dwelling.

GARBAGE

All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.

PERSON

Includes any natural person, association, partnership, firm or corporation.

REFUSE

All solid wastes, except body wastes, and shall include garbage, ashes and rubbish.

RUBBISH

Includes glass, metal, paper, plant growth, wood or nonputrescible solid wastes.

B. Word usage. The singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 294-2 Preparation of refuse.

A. Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight, easily washable containers, equipped with handles and tight-fitting covers.

B. Ashes shall be stored in fire-resistant containers equipped with handles and tight-fitting covers. Ashes containing hot embers shall not be collected until they have been adequately quenched.

C. Rubbish shall be stored in durable containers with tight-fitting covers. Tree trimmings, hedge clippings, old newspapers and similar materials, which cannot be conveniently placed in the aforementioned containers, shall be baled, tied or stacked in compact bundles less than five feet in length and placed in a location easily accessible to the collector.

D. Bulky rubbish shall not be allowed to accumulate on any premises except in containers which are approved by the Township in accordance with the specifications contained in this article.

E. No person shall place refuse in any street, alley or other public place or upon any private property within the limits of the Township of Muhlenberg, unless it is placed in a proper refuse container for collection. No person shall throw or deposit refuse in any stream or any other body of water.

F. 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 three days after the effective date of this article shall be deemed a violation of same.

G. Certain materials, such as scrap lumber used for building purposes and firewood, may be stored and kept on the premises, but they shall be stored so that a minimum clear space of 12 inches above the ground surface is provided.

§ 294-3 Refuse storage.

All refuse storage shall conform to the following standards:

A. General.

(1) All refuse receptacles shall be provided by the owner, tenant or occupant of the premises unless otherwise specified.

(2) The storage of all refuse by residents of the Township shall be practiced so as to prevent the attraction, harborage or breeding of insects and/or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.

(3) A sufficient number of containers shall be provided by the owner, tenant or occupant of the premises to contain all waste materials generated between regularly scheduled collections.

B. Individual containers. Individual containers utilized for the storage of refuse at each dwelling unit shall have the following physical characteristics. Each containers shall:

(1) Be constructed in such a manner as to be easily handled for collection. Each container shall have:

(a) Not greater than 30 gallons' capacity for garbage storage.

(b) Not greater than 30 gallons' capacity for combined refuse storage.

(2) Be constructed of rust- and corrosion-resistant materials.

(3) Be equipped with tight-fitting lids.

(4) Be constructed in such manner as to be watertight, leakproof, weatherproof, insect-proof and rodent-proof.

(5) Not exceed 75 pounds in weight when filled.

C. Disposable containers. Disposable containers, such as paper and polyethylene bags, shall be acceptable for storage of refuse, provided that the following conditions are met:

(1) Only those bags specially designed for storage and collection shall be used.

(2) Bags are protected against precipitation, animal damage and overloading to prevent littering or attracting of vectors.

(3) Bags have holding strength capable of withstanding stresses until they are collected.

(4) The opening is securely closed prior to setting out for collection.

D. Open storage. Certain wastes of a nondecomposable nature may be stored temporarily in a manner other than containerization.

(1) Tree prunings, brush and yard trimmings, when stored outside of containers, shall be tied securely in bundles of such size as to be readily handled by the collection system and not to exceed five feet in length or 18 inches in diameter.

(2) Tires and outsized wastes, such as furniture and appliances, shall be stored so that water accumulation and rodent harborage are prevented.

§ 294-4 Method of collection.

A. Place of collection. For collection purposes, refuse containers shall be placed at ground level on the property along the curbline, not within the cartway of a street or alley, and easily accessible from the side of the street or alley from which collection is made.

B. Frequency of collection. Refuse shall be collected at such times as might be agreed upon by the Township and its authorized trash collection contractors.[1]

[1] Editor’s Note: Original § 74-28 of the 1982 Code, Licensed refuse collectors, and § 74-29 of the 1982 Code, Collection vehicles, which immediately followed this section, were repealed 4-19-2016 by Ord. No. 559.

§ 294-5 Use of approved disposal facility required.

No person shall hereafter dispose of any refuse collected in the Township of Muhlenberg, Berks County, Pennsylvania, except by conveyance to a disposal facility approved by the Pennsylvania Department of Environmental Protection.[1]

[1] Editor's Note: Original § 74-31 of the 1982 Code, Collection charge, which immediately followed this section, was repealed 12-15-2008 by Ord. No. 464.

§ 294-6 Violations and penalties.

A. Any person who shall violate any provision of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 or, in default of payment of such fine, then to imprisonment for not more than 10 days.

[Amended 11-7-1988 by Ord. No. 250[1]]

[1] Editor's Note: This ordinance also provided that the fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge, in like manner as debts of like amount may be sued for by existing laws, and to remit such fines and penalties.

B. Each day's continuance of a violation of this article shall constitute a separate offense.

§ 294-7 Effect on other provisions; repealer.

In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance of the Code of the Township of Muhlenberg existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health and safety of the people than the provisions of this article, said pre-existing provision is hereby declared to be repealed to the extent that it may be found in conflict with this article.