This article shall be known as the "Middletown Township Municipal Waste and Recyclable Materials Hours and Dates of Collection Ordinance."
A. 
The municipality is authorized to enact comprehensive rules and regulations restricting the hours and days of municipal solid waste and/or recyclable materials collection as required by federal, commonwealth, and Bucks County law or regulation and to serve the overall interests of the municipality, its residents, and its commercial enterprises, including the following:
(1) 
Mandating the universal adherence of all collectors in the municipality to the hours and dates specified.
(2) 
Specifying the responsibilities and obligations of residential, institutional, and commercial property operators for the on-premises storage, and source separation of municipal solid waste and/or recyclable materials and their handling in support of collection services.
(3) 
Obtaining commercially available and equitably priced services and the awarding and administration of contracts for the collection, handling, and transportation of municipal solid waste and/or recyclable materials.
(4) 
Specifying the residential, institutional, and commercial property collection services to be provided and the responsibilities and obligations of collectors and property operators with respect to those services.
(5) 
Authorizing municipal enforcement of this article, amending the Middletown Township Code, this article, and the rules and regulations adopted in furtherance thereof and to specify penalties and remedies for noncompliance.
B. 
In order to be effective, any rules and regulations adopted in furtherance of this article or any amendments thereto must be approved at a public meeting, which said public meeting shall be advertised in accordance with the requirements imposed upon the municipality by the Second Class Township Code related to the adoption of Township ordinances.
A. 
No authorized collector which collects or removes municipal solid waste or recyclable materials shall be permitted to collect and/or remove municipal solid waste or recyclable material after 8:00 p.m. or prior to 6:00 a.m. on weekdays or prior to 6:00 a.m. on weekends unless otherwise fixed by contract between the authorized collector and the municipality.
B. 
No commercial, institutional property, or property subdivisions that are members of an HOA within the municipality, which contracts with a private or licensed collector to remove municipal solid waste or recyclable materials shall authorize a private or licensed collector to collect and/or remove municipal solid waste or recyclable material from commercial, institutional, or residential properties after 8:00 p.m. or prior to 6:00 a.m. on weekdays or prior to 6:00 a.m. on weekends.
A. 
Nothing herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal solid waste or recyclable materials from hauling one's own municipal solid waste or recyclable materials on an irregular and unscheduled basis to an authorized disposal facility.
B. 
Nothing contained herein shall prohibit a farm property from carrying out the normal activities of its farming operation, including composting and spreading of manure or other farm-produced agricultural wastes.
C. 
The Township Manager or his/her designee shall have the ability to grant waivers to the time limitations outlined in § 418-503 of this article in cases of extreme heat or pending inclement weather or under other circumstances that may arise.
A. 
The municipality is authorized and directed to enforce this article.
B. 
Any action by any authorized, private, or licensed collector that violates or does not comply with any provision of this article or any rule or regulation thereof and such action constitutes an offense that shall subject the authorized, private, or licensed collector to a fine not to exceed $1,000, plus costs of prosecution, including reasonable attorneys' fees. Every time a collector violates § 418-503 of this article it shall constitute a separate and distinct offense. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
C. 
Any owner or occupant of any commercial, institutional property, or property subdivisions that are members of an HOA within the municipality, who permits the removal, of municipal solid waste or recyclable materials from such property in the municipality, or who knowingly permits the violation of any term, condition, or provision of this article by any collector shall commit a violation of this article and shall, upon conviction thereof, be subject to a fine not to exceed $1,000, plus costs of prosecution, including reasonable attorneys' fees. Each day that a violation continues under this article shall constitute a separate offense, punishable as provided hereunder.
D. 
The municipality may also require the owner or occupant of a property to remove any accumulation of municipal solid waste or recyclable materials and, should said person fail, following written notice, to remove such municipal solid waste or recyclable materials within the time frame specified in the regulations, the municipality may cause such waste or materials to be collected and disposed of, with all costs for such actions being the responsibility of the responsible property operator, as provided by law.
A. 
This article shall be subject to all applicable federal, state, county and local laws, ordinances, rules and regulations, including the rules and regulations as set forth by the PA DEP.
B. 
This article or any part thereof may be amended from time to time in accordance with the procedures established by law.