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Township of Potter, PA
Beaver County
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[Adopted 9-25-2002 by Ord. No. 94]
A. 
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
DISPOSAL
Includes the storage, collection, disposal or handling of refuse.
GARBAGE
Includes all table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof, and other articles or materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
PERSON
Includes any natural person, association, partnership, firm or corporation.
REFUSE
All solid wastes (excluding sewage, liquid and body wastes, oil, pesticides, household chemicals, paints, appliances that contain Freon, tires, automotive batteries, medical waste including sharps and needles, animal carcasses and waste); combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, wood furniture and bedding; noncombustible trash, including but not limited to metals, tin cans, metal furniture, glass, crockery and other mineral waste; street rubbish, including but not limited to street sweepings, catch-basin dirt and contents of litter receptacles, provided that "refuse" shall include earth and wastes from building operations and shall include solid wastes resulting from industrial processes and manufacturing operations such as food-processing wastes, boilerhouse cinders, lumber, scraps and shavings.
RUBBISH
Includes glass, metal, plant growth, wood or nonputrescible solid wastes.
B. 
The singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
Frequency of collection.
(1) 
Refuse shall be collected once weekly during each month of the year. Residential refuse and garbage shall be placed at the curb in a container complying with the provisions of this article no earlier than 24 hours prior to pick up. After pickup, containers are to be removed from the curb no later than 24 hours thereafter. To ensure collection, refuse and garbage should be placed at the curb no later than 6:00 a.m.
(2) 
Hotels, restaurants, institutions and commercial establishments may be required to have more-frequent collection if determined by the Board of Supervisors to be essential to protect the public health.
B. 
Licensing of collectors.
(1) 
The Township shall contract with and license one entity to collect, remove, haul and convey any refuse through or upon any of the streets or alleys of the Township of Potter and dispose of the same.
(2) 
The place and method of disposal shall conform with the requirements of this article and any other applicable Township ordinances and to the ordinance of any municipal or quasimunicipal corporation wherein disposal of refuse is to be made.
(3) 
No licensed collector shall make any change in the method of collection, charge for collections or arrangements for disposal of refuse collection by him without first receiving the approval of the Board of Supervisors.
(4) 
The Board of Supervisors shall have the power to revoke any such license for failure on the part of the licensee to comply with any provision of this article or rules and regulations applying thereto.
(5) 
It shall be unlawful for an unlicensed collector to collect or remove refuse from a household, institution or commercial enterprise.
C. 
Collection vehicles of licensee/contractor.
(1) 
All vehicles used for collection of garbage shall be equipped with compacting devices or equivalent types of watertight closed bodies and shall have enclosed cargo space.
(2) 
It shall be unlawful to collect, haul, transport or convey garbage in open, unenclosed or canvas-top vehicles or in vehicles that are not watertight permitting liquids to leak or drip onto the streets or roadways.
(3) 
These provisions shall not apply to residents who are occasionally transporting their own refuse or garbage in small amounts.
It shall be unlawful to dump, bury, destroy or otherwise dispose of any garbage or refuse within the jurisdictional limits of the Township of Potter, except in a disposal device properly constructed and operated or at a lawfully established Township-approved disposal site for garbage or refuse. Such material not so properly disposed of shall be placed in containers for collection.
The Board of Supervisors shall from time to time establish rules and regulations and enter into contracts governing the collection of refuse by such licensees and the administration of this article, and a violation of such rules and regulations or the restrictions imposed by contract with the licensee shall be considered a violation of this article.
It shall be unlawful to place or permit to remain uncovered anywhere in the Township any garbage or other material subject to decay, except leaves or grass or for the purpose of compost, unless placed in a tightly covered metal and/or tightly covered heavy-duty plastic container not to exceed 32 gallons in capacity or 50 pounds in weight. Uncovered garbage, refuse or ashes on any premises in the Township shall constitute prima facie evidence that the owner/occupant is in violation of this article.
It shall be unlawful to cause or permit to accumulate any dust, ashes, refuse, garbage or trash of such a material that it can be blown away by the wind anywhere in the Township excepting in a covered container.
It shall be unlawful to deposit or permit to fall from any vehicle any garbage, refuse or ashes on any public street or alley in the Township, provided that this section shall not be construed to prohibit placing garbage, refuse or ashes in a container complying with the provisions of this article preparatory to having such material collected and disposed of.
It shall be unlawful to dump or place any garbage, refuse or ashes on any premises in the Township without the consent of the owner of such premises.
Refuse which is flammable shall not be mixed or mingled with refuse that is nonflammable.
Any person violating any provision of this article shall, upon conviction before a District Justice, be subject to a fine of not less than $100 nor more than $500 and costs and, in default of payment of said fine and costs, shall be imprisoned for a period not exceeding 30 days. Every violation of this article and each day that such violation continues shall constitute a separate and distinct offense and shall be subject to separate and distinct penalties therefor.