[Ord. 11/30/61, S1]
COMBUSTIBLE WASTES
Shall mean yard trimmings, rags, wood, cardboard and other
combustible waste solids of a nonvolatile or explosive nature.
GARBAGE
Shall mean animal or vegetable waste solids resulting from
the handling, preparation, cooking and consumptions of food.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes,
including garbage, rubbish, ashes, street cleanings, and solid market
and industrial wastes, whether combustible or noncombustible.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes.
[Ord. 11/30/61, S2]
The owner, agent, lessee, tenant or occupant or every dwelling
house or other premises where refuse accumulates shall provide and
keep on such premises sufficient and suitable receptacles with tight
fitting covers for receiving and holding the refuse.
[Ord. 11/30/61, S2]
As used in this section:
a. SUFFICIENT – Shall mean to be at least one receptacle for each
family unit or other occupant of premises and at least two such receptacles
for each commercial or business establishment where the aforesaid
refuse shall accumulate, but each occupant of premises shall provide
sufficient receptacles to store all refuse which may be accumulated
thereat between the times when such refuse is disposed of as hereinafter
provided.
b. SUITABLE – Shall mean a water tight metal, rubber or plastic
receptacle with a tight fitting cover so constructed as to prevent
spilling or leakage of its contents. Each receptacle for use at a
single residence shall have a capacity of not more than 20 gallons
and be equipped with a pull handle.
[Ord. 11/30/61, S2]
a. Receptacles for refuse from multi-family units or industrial premises may have a greater capacity than that described in subsection
BH4-2.2 provided they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
b. Receptacles that are badly broken or otherwise fail to meet the requirements
of this section, may be classed as refuse and collected and disposed
of as such by the person or agency responsible for the collection
of refuse, provided that such receptacle shall not be collected if
it appears to have been suitable under the definition of this chapter
at some previous time without a written notice being delivered to
the owner of the fact that the receptacle is not deemed suitable at
least ten days before the receptacle is collected.
c. Receptacles for refuse shall not be set out for collection except
during hours of a day scheduled for collection of refuse or the evening
before.
d. Receptacles shall be conveniently located on premises for the storage
of refuse and maintained in such a manner with the cover in place
as to prevent creation of a nuisance or menace to public health.
[Ord. 11/30/61, S3]
Garbage shall be thoroughly and completely drained of all liquids,
wrapped securely in paper or placed in paper bags and placed in a
receptacle as herein described.
[Ord. 11/30/61, S3]
Papers shall be secured and properly tied into bundles or other
packages in a manner to prevent scattering while waiting or during
collection. The bundles or packages shall be of a size and weight
to permit ease of handling by one man.
[Ord. 11/30/61, S3]
Combustible or noncombustible waste of such a nature that it
cannot be deposited in a receptacle shall be securely and properly
tied into bundles or packages to prevent spilling or scattering -
The bundles or packages shall be of a size and weight to permit ease
of handling by one man and shall be packaged or otherwise assembled
in quantities weighing not more than 50 pounds.
[Ord. 11/30/61, S4]
The person occupying any premises whereon a business or industry
is conducted shall arrange for the removal of refuse on such premises
each day, unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed. He shall also be required to arrange
for the pickup or collection of refuse from the premises at least
once a week during a period when the premises are being occupied and
used by such person.
[Ord. 11/30/61, S5]
No refuse except combustible waste which can be burned as provided in subsection
BH4-5.2 shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State Department of Health. The board of health may designate any properly established landfill by resolution provided notice of such designation is posted in a newspaper circulated in the borough.
[Ord. 11/30/61, S5]
Combustible waste may be burned on the premises where it is
collected, provided the method of disposal is permitted by state law,
and a state fire permit is obtained for open burning. Such burning
shall be conducted so as not to create a nuisance.
[Ord. 11/30/61, S6]
No person shall engage in the business of refuse collection,
including garbage, in the borough without first obtaining a garbage
license therefor from the mayor and council and a permit for each
vehicle to be so utilized from the board of health. No permit for
each vehicle utilized shall be issued by the board of health unless
and until a garbage license has been issued by the mayor and council.
The permits shall be known as garbage permits.
[Ord. 11/30/61, S6]
No person shall engage in a business involving the regular collection
of refuse except garbage without first obtaining a refuse license
from the mayor and council and a permit for each vehicle so used from
the board of health. No permit for each vehicle to be so utilized
shall be issued by the board of health unless and until a refuse license
has been issued by the mayor and council. The permits shall be known
as refuse permits.
[Ord. 11/30/61, S6]
Permits shall expire annually on December 31.
[Ord. 11/30/61, S6]
Vehicles for which a permit has been issued shall carry the
permit in the vehicle at all times.
[Ord. 11/30/61, S6]
Permits may be revoked by the board of health for cause, after
hearing, upon notice to the permit holder, and in the event a plan
of municipal garbage collection is adopted, all permits issued hereunder
may be revoked on 30 days written notice of the establishment of such
plan.
[Ord. 11/30/61, S6]
The annual fee for a garbage permit shall be $1.00 for each
vehicle for which a permit is issued. The annual fee for a refuse
permit shall be $1.00 for each vehicle for which a permit is issued.
[Ord. 11/30/61, S7]
All vehicles for which garbage permits are issued shall be of
the closed compacting type and shall be constructed and loaded in
such fashion that no part of the contents shall fall, leak or spill
therefrom.
[Ord. 11/30/61, S7]
Vehicles operating under a refuse permit shall be properly covered
to prevent the scattering and spilling of rubbish either on private
or public property.
[Ord. 11/30/61, S7]
Any licensee who shall spill or scatter any refuse collected
by him on either public or private property shall immediately collect
such refuse for disposal.
[Ord. 11/30/61, S7]
A statement of the rates approved for garbage collection shall
be carried on the vehicle for which a permit is issued at all times
and shall be displayed to a customer or any official of the borough
upon request.
[Ord. 11/30/61, S7]
Vehicles for which permits are issued shall be identified as
to ownership both as required by state law and on the right side of
each vehicle. Temporary use of substituted vehicles may be made only
upon written approval of the board of health and permits may be transferred
from any vehicle with a permit to a permanent replacement thereof
upon written approval of the board of health.
[Ord. 11/30/61, S7]
All permit holders shall comply with state laws, borough ordinances
and the rules, regulations and orders of the local and state boards
of health.
[Ord. 11/30/61, S8]
The storage, collection or disposal of refuse in violation of
any provision of this chapter is hereby declared to be a nuisance
and detrimental to public health. The board of health may by resolution
adopt reasonable rules and regulations to carry out this chapter and
the violation of such rules and regulations shall constitute a violation
of this chapter.
[Ord. 86-6, S1]
As used herein:
ENFORCING OFFICIALS
Shall mean and include the health officers, building inspector,
code enforcement officer, police, or any other official authorized
by the Borough of Sussex to enforce this section. Nothing contained
herein shall be deemed to prohibit any private individual from making
a complaint or prosecuting a violation of this section.
PERSON
Shall mean and include an individual, firm, corporation,
association, society, partnership and their agents or employees.
[Ord. 86-6, S2]
The following acts, things, matters and conditions are hereby
declared to be nuisances and are found to be injurious and dangerous
to the health and safety of the inhabitants of the Borough of Sussex:
a. Any matter, thing, condition or act which is an immediate menace
to the health and safety of the inhabitants of the Borough of Sussex.
b. Pollution, or a condition which threatens to cause pollution of any
waters in the Borough of Sussex in such a manner to threaten the health
or safety of the inhabitants of the Borough of Sussex.
c. The escape into the open air from any stack, vent, chimney or entrance
to the open air or from any fire, such quantities of smoke, flyash,
dust, fumes, vapors, mists or gases which are likely to cause injury
to the health or safety of the inhabitants of the Borough of Sussex.
d. The growth or presence of any noxious weed, including but not limited
to ragweed, poison ivy, nightshade or any other toxic plant which
may be a threat to the health and safety of the inhabitants of the
Borough of Sussex.
e. The existence or presence of any accumulation of garbage, refuse,
manure, animal or vegetable waste, in such quantities or locations
as is likely to constitute a threat to the health and safety of the
inhabitants of the Borough of Sussex.
f. The accumulation or maintenance of any quantity of matter which actually
serves as a harboring ground or food for such insects and rodents
as will constitute a threat to the safety and health of the inhabitants
of the Borough of Sussex.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance as set forth in the preceding section.
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[Ord. 86-6, S3]
It shall be unlawful for the owner or owners who have agreed
to supply heat to any building designed to be occupied as a residence
by more than two families to fail to supply heat from the first day
of October in each of year to the first day of May of the succeeding
year in such manner that the temperature of the building shall always
be kept at 68 degrees Fahrenheit, or above.
[Ord. 86-6, S4]
It shall be unlawful for any person to rent or lease or otherwise
permit the occupancy of any building as a residence or dwelling unit
or for any person to reside in any building which:
a. Is not adequately and properly ventilated; or
b. Fails to provide potable water at sufficient pressure and quantity
for each family unit from the borough water supply; or
c. Does not have plumbing fixtures consisting of a kitchen sink, bathtub
or shower, lavatory and flush toilet connected to the potable water
supply; or
d. Does not have facilities for the discharge of all household liquid
waste into the borough sewage system.
[Ord. 86-6, S5]
It shall be unlawful for any person to spit on any public sidewalk
or street or in any part of the interior or exterior of any public
building.
It shall be unlawful for any person to urinate or defecate in
public.
a. All places and premises in the Borough of Sussex shall be subject
to inspection by the board of health or the enforcing official of
the board of health if that official has reason to believe that any
section of this code is being violated.
b. It shall be unlawful for any person to hinder, obstruct, delay or
prevent the board of health or its enforcing official from having
full access to any premises on which any such violation of this code
is believed to exist.
a. Whenever any nuisance as defined under this section is found on any
property within the Borough of Sussex, the Board of Health of the
Borough of Sussex or its official designee may issue a notice to abate
that nuisance. If the owner, tenant or occupant being noticed does
not comply with the abatement notice within the time prescribed by
that notice, then the board of health may proceed to abate the nuisance
or cause it to be removed or abated in such manner as the board or
its official designee deems proper.
b. In the event the board is required to abate a nuisance because of
the failure of the owner, tenant or occupant to abate the same, all
costs reasonably incurred may be recovered from any person who shall
have caused or allowed such nuisance to exist and who shall have failed
to remove or abate the nuisance within the time specified by the notice.