[HISTORY: Adopted by the Board of Supervisors
of the Township of Conewago as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-18-1996 by Ord. No. 1996-L]
For the purpose of this article, the following
terms, phrases or words shall have the meanings ascribed to them in
this section, except where the context in which the word is used clearly
indicates otherwise:
Empty, all-aluminum beverage and food containers.
[Added 4-18-2011 by Ord.
No. 2011-D[1]]
Residue from the burning of wood, coal, coke or other combustible
material.
Empty food or beverage containers consisting of steel and
aluminum.
[Added 4-18-2011 by Ord.
No. 2011-D]
Any condition which provides the necessary environment for
the birth or hatching of vectors.
The business entity licensed or contracted by the Township
to collect, transport and dispose of municipal wastes.
[Added 4-18-2011 by Ord.
No. 2011-D]
Events sponsored in whole or in part by a municipality or
conducted within a municipality and sponsored privately, which include
but are not limited to fairs, bazaars, socials, picnics and organized
sporting events that will be attended by 200 or more individuals per
day.
[Added 4-18-2011 by Ord.
No. 2011-D]
Any customer, whether a commercial establishment, dwelling
or dwelling unit, normally requiring more than three thirty-two-gallon
containers per week to hold the refuse to be collected, and multifamily
dwellings exceeding four units, multiunit business centers exceeding
four units, agricultural operations, large commercial institutional
or industrial firms are commercial customers, and a commercial establishment
containing more than four dwelling units.
[Amended 4-18-2011 by Ord. No. 2011-D]
The use of any premises as other than a dwelling or small
business establishment, and shall include hotels, boardinghouses and
lodging houses, tourist cabins and motels. Commercial establishment
shall also include any multifamily residences occupied by more than
four families.
The receptacle in which refuse is placed for collection,
including cans, boxes and plastic bags; provided, however, that they
are so constructed so as to be fit for permanent use or, in the case
of bags, for one-time use.
Structural paper material with an inner core shaped in ridged
parallel furrows and ridges.
[Added 4-18-2011 by Ord.
No. 2011-D]
The County of Adams, Commonwealth of Pennsylvania.
Waste materials consisting of stones, brick, plaster, broken
concrete or earth, in such quantity and size as shall not violate
the restriction hereinafter set forth with respect to the size and
weight of containers.
A building used for residential purposes, but shall not include
hotels, boardinghouses and lodging houses, tourist cabins and motels,
which shall be considered commercial establishments. Dwelling shall
not include multifamily dwellings exceeding four units.
One or more rooms in a dwelling, which room or rooms have
fixed cooking facilities and are arranged for occupancy by one person,
two or more persons living together or one family.
The control and elimination of vectors by eliminating their
harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, fogging,
larviciding, trapping or by any other recognized and legal vector
control elimination methods approved by the local or state authority
having such administrative jurisdiction.
Empty steel or tin-coated steel or beverage containers.
[Added 4-18-2011 by Ord.
No. 2011-D]
All animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter, and all materials commonly known as
"glass," excluding blue and flat glass, and commonly known as "window
glass," "automotive glass" and "porcelain" and "ceramic products."
[Added 4-18-2011 by Ord.
No. 2011-D]
Any place where vectors can live, nest or seek shelter.
[2]All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
[Added 4-18-2011 by Ord.
No. 2011-D]
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
[Added 4-18-2011 by Ord.
No. 2011-D]
Includes but is not limited to automotive, truck, and industrial
batteries containing lead.
[Added 4-18-2011 by Ord.
No. 2011-D]
Leaves, tree trimmings, bushes, garden residue and other
similar plant materials, but not including grass clippings.
[Added 4-18-2011 by Ord.
No. 2011-D]
Any property having four or more dwelling units per structure.
[Added 4-18-2011 by Ord.
No. 2011-D]
Public facilities operated by Conewago Township and other
governmental and quasi-governmental authorities.
[Added 4-18-2011 by Ord.
No. 2011-D]
Garbage, rubbish, ashes, debris, industrial lunchroom or
office waste and other material, including solid, liquid, semisolid
or contained gaseous materials resulting from operation of residential,
municipal, commercial or institutional establishments or from community
activities.
Any person, individual, owners, lessees and occupants of
a residence, commercial or institutional establishment, firm, partnership,
association, corporation, company or organization of any kind, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by the law as the subject of rights and duties.
[Amended 4-18-2011 by Ord. No. 2011-D]
Those materials which may be processed or refabricated for
reuse and which are specified by the Township and the county for separation
from the regular municipal waste and separated at the point of origin
for the purpose of being recycled, including those materials listed
in Act 101.[3] Such materials may include, but not be limited to, aluminum,
bimetal or tin containers, clear and colored glass containers, newspapers
and plastic beverage containers.
[Amended 4-18-2011 by Ord. No. 2011-D]
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed or processed
as municipal waste.
Any customer, whether a commercial establishment, dwelling
or dwelling unit, normally requiring three or fewer thirty-two-gallon
containers per week to hold the municipal waste to be collected.
All solid household wastes, except body wastes, other than
garbage, ashes, yard waste and debris, such as magazines, glass other
than containers, ceramics, plastics other than beverage containers
and laundry detergent containers, small scraps of wood, etc.
Includes businesses which are not commercial establishments
or commercial customers which generate no more than three loaded containers
weighing not more than 75 pounds each nor exceeding a volume of 32
gallons each, and may include churches and municipal offices.
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such waste.
[Added 4-18-2011 by Ord.
No. 2011-D]
The Township of Conewago, Adams County, Pennsylvania, and
the Board of Supervisors of Conewago Township.
That individual, partnership, firm, corporation or business
entity designated by the Board of Supervisors by means of an independent
contract as the person having the exclusive right to collect refuse
within the Township, but shall not be construed as meaning that said
person is an employee, official or representative of the Township.
A rodent, arthropod or insect capable of transmitting a disease
or infections. Vectors shall include but not be limited to rats, mosquitoes,
cockroaches, flies, ticks, etc.
[4][1]
Editor's Note: This ordinance also repealed the former definition
of "abandoned motor vehicle," added 12-21-1998 by Ord. No. 1998-L,
which immediately preceded this definition.
[2]
Editor's Note: The former definition of "junked motor vehicle,"
added 12-21-1998 by Ord. No. 1998-L, which immediately followed this
definition, was repealed 4-18-2011 by Ord. No. 2011-D.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[4]
Editor's Note: The former definition of "yard waste," which
immediately followed this definition, was repealed 4-18-2011 by Ord.
No. 2011-D.
[Amended 12-20-1999 by Ord. No. 1999-Q]
It shall be mandatory for every dwelling, dwelling unit, small business establishment, commercial establishment and commercial customer within the Township to have all their municipal waste collected in accordance with the schedule set forth in § 125-4 of this article. Said collection for dwelling, dwelling units and small business establishments shall be completed by the Township collector and the cost of such collection shall be established and paid under the provisions of the contract; provided, however, that the Township may exonerate any person from any collection required by this article upon written application and showing hardship arising from the low volume of municipal waste or recyclable materials or other extraordinary factors.
Except as authorized in § 125-4 hereof, it shall be unlawful for any person other than the Township collector to collect and haul municipal waste and/or recyclable materials within or from the Township, and no person may contract with any hauler of municipal waste and/or recyclable materials unless such hauler is authorized to collect municipal waste within the Township pursuant to this article.
A.
All municipal waste, except as provided in Subsections B and C of this section, shall be collected once a week at a time set by the Township collector and approved by the Township. The maximum quantity of municipal waste allowed for each dwelling and/or dwelling unit for each collection day shall be three containers weighing not more than 75 pounds each nor exceeding a volume of 32 gallons each.
B.
All tree trimmings, hedge clippings and similar yard
waste shall be cut in lengths not exceeding three feet and shall be
securely tied in bundles not exceeding 40 pounds in weight.
C.
All commercial customers and commercial establishments
shall be required to make arrangements directly with the Township
collector or other hauler for collection of their municipal waste.
Such collection shall not be less often than weekly and shall be at
intervals short enough to prevent unsafe, unsightly or unsanitary
accumulations of municipal waste. Commercial customers and commercial
establishments shall be permitted to place a dumpster or other similar
container for the disposal of municipal waste on its premises, provided
that such container does not interfere with the flow of traffic around
the commercial establishment.
Containers shall be of durable, watertight,
rust-resistant material having a close-fitting lid and handles to
facilitate collection. All containers shall be kept in good and sanitary
condition without the accumulation of residue of liquids, solids or
a combination of such material on the bottom or sides of the container.
Any container that does not conform with this article or that is likely
to injure the Township collector or his employees or hamper the prompt
collection of municipal waste shall be replaced upon notice. Failure
to replace said defective container may result in the loss of municipal
waste collection until such time as the container is replaced.
Containers shall be placed for collection at
ground level on the property, not within the cartway of a street or
alley and accessible to and not more than 10 feet from the side or
curb of the street or alley from which collection is made. No containers
shall be placed for collection at the curbside or along a public right-of-way
earlier than 5:00 p.m. the evening prior to a scheduled collection
date, nor shall any such container be permitted to remain at the curbside
or along a public right-of-way for more than 12 hours after such collection.
[Amended 12-20-1999 by Ord. No. 1999-Q; 12-15-2008 by Ord. No. 2008-Aa; 4-18-2011 by Ord. No. 2011-D]
A.
Establishment of recycling program. There is hereby established a
program for the mandatory separation of recyclable materials from
solid waste by all persons.
(1)
Separation of recyclables and placement for collection by persons
residing in single-family dwellings or multifamily dwellings having
less than four dwelling units per structure.
(a)
Recyclable materials at residential dwellings shall be separated
from solid waste and stored until collection. Recyclable materials
will be placed at the curbside for collection in the same manner and
at the same time as other municipal waste, but not less than once
a week. Nothing in this section or article shall be deemed to impair
the ownership of separated materials by the person who generated them
unless and until such materials are placed at the curbside or similar
location for collection. Materials to be separated for recycling are
newspapers, corrugated paper/cardboard, aluminum, bimetal cans, clear
and colored glass containers, plastic PET No. 1 and HDPE No. 2 containers
and leaf waste.
(b)
The nature, quality and type of material subject to recycling
may be modified by the Supervisors of Conewago Township by resolution.
Notice of any such change shall be provided to customers before the
change is applicable to that customer.
(2)
Separation of recyclables by commercial, municipal and institutional
establishments and at community activities.
(a)
Commercial, municipal, and institutional establishments and
community activities shall separate and store, until collection, high-grade
office paper, corrugated paper, aluminum, leaf waste, and other materials
designated by the Township regulations. These establishments must
arrange for the separation, collection and marketing of these recyclable
materials. The establishments shall annually provide to the Township
evidence of such arrangement and documentation of the total number
of tons recycled for each type of recyclable material.
(b)
High-grade office paper, corrugated paper/cardboard, aluminum,
and other materials designated by the Township regulations must be
separated for collection at all community activities. Sponsoring organizations
must arrange for the separation, collection and marketing of these
materials. The types and amount of materials recycled must be reported
to the Township.
(c)
The nature, quality and type of material subject to recycling
may be modified by the Supervisors of Conewago Township by resolution.
Notice of any such change shall be provided to commercial, municipal
and institutional establishments before the change is applicable to
that customer.
(3)
Separation of recyclables by multifamily dwelling/housing properties
and placement for disposal.
(a)
The owner, landlord, or an agent of an owner or landlord of
multifamily dwelling/housing properties of four or more units shall
establish a collection system that includes suitable containers for
collecting the recyclables and sorting of the recyclable materials,
easily accessible locations for the containers for the recyclable
materials, and written instructions to the occupants concerning the
use and availability of the collection system, specifically detailing
the materials to be recycled. Materials to be separated are selected
by the Township in the recycling program regulations from the following:
clear glass, colored glass, aluminum, steel and bimetallic cans, paper
newsprint, corrugated paper/cardboard, plastic and leaf waste. Owners,
landlords, and agents of the owners or landlords who comply with Act
101[1] and the Township ordinances shall not be liable for noncompliance
of the occupants of their buildings.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(b)
The nature, quality and type of material subject to recycling
may be modified by the Supervisors of Conewago Township by resolution.
Notice of any such change shall be provided to commercial, municipal
and institutional establishments before the change is applicable to
that customer.
(4)
Lead acid batteries. No person may place a used lead acid battery
in mixed municipal solid waste, discard, or otherwise dispose of a
lead acid battery, except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the commonwealth.
(5)
Separation and composing of leaf waste. All persons are to separate
leaf waste from other municipal waste generated in their homes, apartments
and other residential establishments, as well as persons who are responsible
for administration of multifamily dwelling/housing properties and
commercial, municipal and institutional establishments, until collection
for the purposes of composting, unless those persons have otherwise
provided for the composting of leaf waste. Leaf waste shall be placed
for collection at the times and in the manner therefor or hereafter
prescribed by the Township. Nothing herein shall require any persons
to gather leaves for compost, mulch, or other agricultural, horticultural,
silvicultural, gardening or landscape purposes.
(6)
Collection by unauthorized person(s). It shall be a violation of
this section for any person(s), unauthorized by the Township, to collect
or pick up or cause to be collected or picked up any such recyclable
material. Each such collection in violation hereof shall constitute
a separate and distinct offense punishable as hereinafter provided.
(7)
Marketing of recyclable materials. All persons who collect, transport,
and/or process recyclables are responsible for ensuring the marketing
of these materials. It shall be a violation of this section for the
authorized collector of recyclable materials to deliver such materials
to a solid waste landfill, solid waste transfer station or incinerator
for the purpose of disposal. The authorized collector will provide
to the Township the weights receipts of the recyclable materials.
B.
Reporting.
(1)
Every multifamily dwelling/housing property, commercial, municipal,
institutional establishment and community activity sponsor shall complete
a form, to be designated "recycling report," to be provided to the
Township, which shall indicate where the property's recyclable
materials were delivered. Such report shall set forth the name, address
of the owner, landlord or agent, the address of the property to which
the report pertains, name and address of the collector or hauler who
regularly services the property, information on the type and amount
of each material recycled, along with such other information as may
be required by resolution of the Township of Conewago Board of Supervisors.
(2)
The recycling report and all weight vouchers/receipts obtained from
the facility or facilities to which the recyclable materials were
delivered shall be submitted annually to the Township by January 15
for the previous reporting year. For the purpose of submitting such
weight vouchers/receipts and recycling report annually to the Township,
the collector or hauler who removed the recyclable materials from
the property shall be the agent for any person occupying a multifamily
dwelling/housing unit. Any landlord and any operator of a commercial,
municipal and institutional establishment or the sponsor of any community
activity shall be responsible for completing and submitting such report
to the Township. Each annual recycling report shall be submitted on
or before January 15 for the preceding year. The recycling report
year shall run on a calendar-year basis; thus, the first day of January
to the last day of December.
(3)
Any person required by this section to complete and submit a recycling
report, along with weight vouchers/receipts, and who fails to do so
shall be found in violation of this section.
[Amended 12-20-1999 by Ord. No. 1999-Q; 4-18-2011 by Ord. No. 2011-D]
A.
On and
after the passage of this article, it shall be unlawful at any place
within the confines of the Township to dump or deposit, except for
collection, garbage, ashes, rubbish or any other municipal waste of
any nature, whether generated inside or outside of the Township limits,
or to dump or deposit municipal waste in a manner which shall create
a harborage. This provision is not intended to prohibit composting
or activities normally incident to horticulture and animal husbandry.
B.
A person may not maintain, or permit to be maintained, a pond, privy
vault, cesspool, well cistern, rain barrel, tires, containers or any
other receptacle containing water unless the receptacle is constructed
or maintained in a manner to prevent the accumulation of standing
water or any other condition which could result in the breeding of
mosquitoes.
[Added 6-20-2016 by Ord.
No. 2016-A]
A.
Any person who violates or permits a violation of
this article shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township before a Magisterial District
Judge, pay a fine of not more than $600, plus all court costs, including
reasonable attorneys' fees, incurred by the Township in the enforcement
of this article. Each period of 10 days during which a violation exists
shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to enforce compliance
by filing an action in equity in lieu of a civil action filed before
a Magisterial District Judge.
[Amended 12-20-1999 by Ord. No. 1999-Q]
B.
In addition to the foregoing penalty, the Township
may require the owner or occupier of the property to remove any accumulation
of municipal waste or abandoned or junked vehicle, and should said
person fail to remove the same within ten days of written notice,
the Township may cause the same to be done and collect the costs thereof,
together with a penalty of 10% of such costs in the manner provided
by law for the collection of municipal claims or by action in assumpsit,
or may seek relief by bill in equity and may also seek imposition
of a fine and expenses set forth above.
[Added 4-18-2011 by Ord.
No. 2011-D]
In the event any of the provisions of this article are declared
unconstitutional, unlawful, or unenforceable by a court of competent
jurisdiction, such declaration shall not affect the validity of the
remainder of this article or of this article as a whole, but such
shall continue in full force and effect as though the unconstitutional,
unlawful or unenforceable provision had never been a part hereof.
