[Adopted 5-7-1990 as Ord. No. 250]
The short title of this article shall be called
the "Township of Lower Makefield Recycling Ordinance," and the same
may be cited in that manner.
As used in this article, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Bottles and jars made of clear green or brown glass. Expressly
excluded from recycling are noncontainer glass, plate glass, blue
glass and porcelain and ceramic products.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
from recycling are newspapers which have been soiled.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled or be excluded from
recycling.
Those materials specified by the municipality to be recycled.
This list of materials is specified in the recycling regulations resulting
from this article and may be revised from time to time as deemed necessary
by the municipality.
Any occupied single- or multifamily dwelling having up to
four dwelling units per structure from which the municipality or private
hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by the municipality or private hauler.
There is hereby established a program for the
mandatory separation of recyclable materials from solid waste by all
persons within the Township of Lower Makefield, hereinafter referred
to as "the municipality."
Recyclable materials shall be placed at the
curb separate from solid waste for collection at such times and dates
as may be hereinafter established by regulation.
It shall be a violation of this article for
any person(s), unauthorized by the municipality, to collect or pick
up or cause to be collected or picked up any such recyclable material.
Each such violation hereof shall constitute a separate and distinct
offense punishable as hereinafter provided.
The municipality is authorized and directed
to enforce this article. The same is hereby authorized and directed
to establish and promulgate reasonable regulations as to manner, days
and times for the collection of recyclable materials in accordance
with terms hereof and any other matters required to implement this
article. The municipality may change, modify, repeal or amend any
portion of said rules and regulations at any time.
[Amended 10-21-1996 by Ord. No. 305]
Any action by any person, firm, corporation or other entity who or which violates or does not comply with any provision of this article or any regulation thereof shall be punishable by a fine not to exceed $25 upon a first conviction, $50 upon a second conviction and $100 upon a third or subsequent conviction. The above fines shall not be applicable to a conviction for § 172-28 hereof which shall be punishable by a fine not to exceed $300. In addition to the above-mentioned fines, the Township may collect the costs of prosecution, including reasonable attorney's fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. No enforcement of §§ 172-26 and 172-27 of this article shall be made until three months from the effective date of regulations authorized to be promulgated hereunder.
The municipality or its designated agent shall
enter into an agreement(s) with public or private agencies or firms
to authorize them to collect all or part of the recyclable materials
from curbside. Until or unless the entry into such an agreement this
article shall not be in effect.
Any person may donate or sell recyclable materials
to individuals or organizations authorized by the municipality in
its recycling regulations. These materials must either be delivered
to the individual's or organization's site or they may be placed at
the curb for collection by said individual or organization on days
not indicated as recyclable material collection days by the municipality.
Said individuals or organizations may not collect recyclable materials
on or immediately preceding (within 24 hours) a regularly scheduled
curbside collection day.
This article shall take effect upon establishment
of the recycling regulations and after the entry into agreements with
public or private haulers to collect recyclables.
