[Adopted 4-23-1991 by Ord. No. 459
(Ch. 20, Part 2A of the 1996 Code)]
For purposes of this article, the following terms shall have the meanings
respectively ascribed to them in this section:
The collection of recyclable materials by a person, company or service
which has a prior agreement, contract or arrangement for removal of recyclable
waste as a part of the recycling plan of the Borough of Coopersburg.
Any police officer or a designated agent of the Borough, whether
employed by the Borough or the Commonwealth of Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or any unauthorized municipal entity. For purposes
of this article prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers and directors
of any corporation or other legal entity having officers and directors.
Property owned or leased by the Borough of Coopersburg, the County
of Lehigh, the Commonwealth of Pennsylvania or the federal government.
The container issued or approved by the Borough for the purpose of
collecting, storing and placing recyclables at the curbside for authorized
collection.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in any recycling
container, whether stored on private or public property or placed by a roadway
or curb for collection.
A.
It shall be unlawful and shall be deemed disorderly conduct
for any person as defined above to scavenge, remove, take, scatter or disturb
recyclable materials which have been collected and assembled in any container,
whether stored on private or public property or placed by a roadway or curb
for collection. "Scavenging" shall not include the collection or picking up
of scattered trash or debris, whether or not recyclable, from roadsides or
public property with the intent of properly disposing of, or recycling, said
waste.
B.
It shall also be unlawful and shall be deemed disorderly
conduct for any person as defined above to damage, take, remove, deface or
use for purposes other than approved recycling storage and collection, the
container, or other device issued or approved by the Borough of Coopersburg
and/or the County of Lehigh as a part of any recycling program or effort.
[Amended 4-23-1996 by Ord. No. 509]
A.
Any person who violates or fails to comply with any provision
of this article or whose actions constitute disorderly conduct thereunder,
shall upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days.
B.
Provided, any act prohibited by this article which can
also be prosecuted under any provision of the laws of the Commonwealth of
Pennsylvania shall be considered a violation of the applicable state law and
shall be prosecuted under such law and not under this article.
