[Adopted 9-25-2002 by Ord. No. 94]
A.Â
ASHES
DISPOSAL
GARBAGE
PERSON
REFUSE
RUBBISH
As used in this article, the following terms shall
have the meanings indicated:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Includes the storage, collection, disposal or handling of
refuse.
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.
Includes any natural person, association, partnership, firm
or corporation.
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.
Includes glass, metal, plant growth, wood or nonputrescible
solid wastes.
B.Â
The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.Â
Frequency of collection.
(1)Â
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)Â
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.Â
Licensing of collectors.
(1)Â
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)Â
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)Â
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)Â
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)Â
It shall be unlawful for an unlicensed collector to
collect or remove refuse from a household, institution or commercial
enterprise.
C.Â
Collection vehicles of licensee/contractor.
(1)Â
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)Â
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)Â
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.