[HISTORY: Adopted by the Board of Supervisors of the Township
of West Bradford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-13-1977 by Ord. No. 1977-03]
This article shall be known and may be cited as the "West Bradford
Township Refuse Control and Burning Ordinance."
It shall be unlawful for any person, partnership, association,
firm or corporation to dump or otherwise deposit within West Bradford
Township ashes, garbage, refuse, rubbish, solid waste, food containers,
general refuse, used furniture and materials or other offensive or
unwholesome matter or cast the same upon any lot or piece of ground
or on any highway, street, alley, whether owned by the dumper or not,
and it shall be unlawful for any person, partnership, association,
firm or corporation to keep or suffer to remain on his property any
of the above.
In addition to the above provisions, West Bradford Township
shall be authorized to enter upon any land and remove or clean up
any dumping or other violation considered to be such as set forth
above and shall be entitled to bring suit against the owner of the
property for the cost thereof and to file lien against the property
as a municipal lien as provided by the Second Class Township Code.
[Amended 8-10-1999 by Ord. No. 1999-03]
Whenever by reason of drought, spillage over substantial areas
of highly flammable materials, the nonavailability of critical fire-fighting
equipment or any other condition whereby the risk of fire is materially
increased or the ability to combat fires is materially diminished
or impaired, the chief of the local fire department or, in his absence,
the person acting in that capacity may and it shall be his duty to
recommend to the Board of Supervisors that a period of fire emergency
be declared.
A.
The declaration shall be made by causing an announcement to be broadcast
on a radio station or stations serving the Township at least two times
during the first full day following the declaration of a fire emergency,
and a notice of the declaration shall be delivered to local cable
and television stations and posted on the Township's Internet
website, as applicable. Further, a published notice shall be made
in a newspaper of general circulation serving the Township. The notice
shall appear twice in a five-day period following the declaration
of the fire emergency.
B.
The declaration shall be made by causing a notice thereof to be displayed
prominently upon the main entrance to all firehouses in the Township
and the Township Building and in such other manner as the chief of
the local fire department shall direct. The said fire emergency period
shall be deemed to continue until revoked by the Board of Supervisors
as recommended by the chief of the local fire department.
C.
During the fire emergency period, no person or persons shall set
fire to, burn or cause to be burned out-of-doors any paper, trash,
leaves, grass or refuse of any nature or description whatsoever unless
with specific approval of and under the direct supervision of the
chief of the local fire department or a fireman appointed by him for
that purpose.
[Added 8-10-1999 by Ord. No. 1999-03[1]]
No person shall allow, cause or maintain any bonfire, junk fire,
refuse fire or open fire upon any public or private property in West
Bradford Township except in conformance with the regulations on open
burning and recreational fires in Section 307 of the International
Fire Code, 2003 Edition.
[Amended 6-14-1983 by Ord. No. 1983-02; 8-13-1996 by Ord. No.
1996-03; 8-10-1999 by Ord. No. 1999-03; 1-4-2010 by Ord. No.
2010-01]
A notice of violation may be issued followed by a citation,
or a citation may be issued without being preceded by a notice of
violation.
A.
Any action by any person, firm, corporation or other entity which
violates or does not comply with any provision of this article or
any regulation thereof shall be punishable by fine(s) as established
in this section. Each day that a violation occurs shall be considered
a separate violation.
B.
Any owner or occupant of a dwelling unit, any person, firm, corporation
or other entity in violation of any portion(s) of this article shall
be issued a notice of violation and be ordered to pay a fine of $20,
payable to the Township of West Bradford, within 14 days of issuance
of such a notice.
C.
Failure to respond to the notice of violation set forth in Subsection B above by payment of the fine aforesaid, which payment must be made to the Township of West Bradford within 14 days of issuance of such notice, shall result in the issuance of a citation to the defendant. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure and, upon conviction for the offense, the defendant shall be ordered to pay the fine hereinabove set forth or, in the case of subsequent violations, as set forth in Subsection D below, together with the costs of prosecution, and/or to be incarcerated in the County Prison for not more than five days.
D.
The fine for the first violation of this article shall be $20; for
any subsequent conviction, the fine shall be not less than $50 and
not to exceed $500 and/or be incarcerated in the County Prison for
not more than five days.
[Added 6-14-2005 by Ord.
No. 2005-04]
A.
B.
Nothing contained herein shall prohibit a farmer from carrying out
the normal and customary activities of his farming operations as provided
for under the Pennsylvania Right-to-Farm Act, 3 P.S. § 951
et seq., as amended by Act No. 1998-58, provided that such activities
are conducted in accordance with all applicable laws, rules and regulations.
[Adopted 9-9-2008 by Ord. No. 2008-04]
The short title of this article shall be "Municipal Solid Waste
and Recycling Ordinance of West Bradford Township."
The following definitions shall apply for use in this article.
If a further definition of a term is necessary, it shall be as listed
in a Webster's Dictionary or other dictionary of general use.
A molded plastic heavy-duty wheeled refuse cart approximately
90 gallons in capacity with lid for the purpose of storage of municipal
waste or recyclable material at a residential dwelling unit. The recycling
container is distinguished from the refuse container by labeling and
color. These units are commonly referred to as "toters" and, in West
Bradford, are supplied to each dwelling unit that is part of the municipal
waste collection system.
Any occupied residential unit, whether a single unit or part
of a multifamily structure. For purposes of this article, any owner
of multifamily structure(s) containing four or more units is responsible
to provide a separate municipal waste and recycling program. Mobile
home park owners are responsible to provide a separate municipal waste
and recycling program.
Leaves, garden residues, shrubbery, tree trimmings and similar
material, but not including grass clippings.
West Bradford Township.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term does not include source-separated recyclable materials.
Any dwelling unit that has received a certificate of occupancy
under the Township Building Code, whether or not currently occupied.
Owners, lessees and occupants of residences, businesses,
commercial and institutional properties.
A street owned or maintained by West Bradford Township, the
Commonwealth of Pennsylvania, and any street in a development that
is to be offered for dedication. In those instances where the municipality
has agreed to collect recycling materials and municipal waste on a
private street, then, in that instance only, that street may be considered
a public street for the provisions of this article and in no other
circumstances.
Those materials specified by the municipality to be recycled.
That list shall be established and amended from time to time by Resolution
and may include items that are placed at curbside, left at dropoff
centers, items that may be composted and items that are recycled through
other programs such as may occur at an institutional or commercial
facility.
The municipality shall operate, either through use of municipal
forces or through contract with a proper municipal waste hauler, a
system for collection and disposal of municipal waste from residential
units except from multifamily dwellings and mobile home parks. Owners
of multifamily dwellings and mobile home parks are responsible to
operate a system for collection and disposal of municipal waste from
those facilities.
A.
The municipality shall provide a toter to each residential unit which
receives collection service from the municipality. The toter shall
be used to store and place municipal waste at curbside on a public
street for collection.
(1)
Each residence shall use only one toter for municipal waste collection.
(2)
Additional waste collection service may be available by special services
established by the municipality. Additional fees may be required for
waste in addition to that placed in the toter. Additional services
shall be as established by resolution of the Board of Supervisors.
(3)
The toter shall be placed at curbside on a public street on the assigned
collection day and must be at curbside no later than 6:00 a.m. The
toter may be placed at curbside beginning at 6:00 p.m. on the night
prior to the scheduled collection day and must be removed from curbside
prior to 12:00 midnight on the day of collection.
(4)
The toter placed at curbside on a public street must not contain
any recyclable material for disposal as municipal solid waste.
(5)
The toter must be placed with the handle away from and parallel to
the center of the street.
(6)
Municipal solid waste must be in the toter and not on top of the
toter. Any waste that is not in the toter or is placed so as to cause
the lid to be in an upright or open position is considered excessive
and will not be removed. A lid being open by over 20 inches from the
lip of the toter to the lip of the lid is considered to be an upright
or open position.
(7)
Property owners are responsible to report damaged toters to the municipality
for repair.
(8)
Toters assigned to a residence must remain with that residence until
removed or replaced by the municipality.
(9)
Use of more than one toter for municipal solid waste removal, unless
validated by the municipality, is a violation of this article.
(10)
Missing or melted toters are the responsibility of the property
owner and must be paid for at the rate established by resolution of
the Board of Supervisors.
B.
Additional municipal solid waste may be placed at curbside on a public
street for collection on the assigned collection day or on a date
specified by the municipality in accordance with the following regulations:
(1)
Municipal solid waste must be placed in a suitable and structurally
sound plastic bag not larger than 30 gallons, with a sticker issued
by the municipality attached to the bag and clearly visible from the
street.
(2)
The bag must not be placed on top of the toter.
(3)
When placing additional bags of municipal solid waste at curbside
on a public street for collection, the times for placement of toters
at curbside must be adhered to.
(4)
Stickers must be those purchased from the municipality.
C.
Large items may be placed for collection at curbside on a public
street only when designated by this article or a Township resolution
in accordance with the following regulations:
(1)
All items must be properly prepared for disposal including removal
of freon or other hazardous gases. Items left at curbside for collection
that have had the freon removed must have a certification attached
to the item. A special pickup may be arranged with the municipality
for removal of items with freon at additional cost.
(2)
Items such as carpet or other rolled material must be cut into lengths
and sized so that it can be lifted by one person.
(3)
Items that are over four feet must be cut into lengths no longer
than four feet.
(4)
Times for placement at curbside shall be the same as required for
placement of the toter at curbside.
(5)
All items must be broken apart, disassembled or cut apart, as much
as is practical, to facilitate removal by one person.
(6)
The placement of large items for removal is limited to one item per
collection day, except that a box spring and mattress in a set is
considered for purposes of this regulation to be one item.
(7)
Items must not be heavier than can be lifted by one person.
D.
Construction debris, building materials, automobile parts and tires
will not be collected by the municipal solid waste collection system.
Construction debris and building materials may not be disposed of
on site by burial or burning. Property owners may use the following
services for removal of these items:
(1)
Pickup by a contractor for disposal at an approved facility.
(2)
Use of a dumpster or other container for disposal at an approved
facility.
(3)
Donation to an organization that reuses or properly disposes of these
types of material.
(4)
Private haul to a municipal landfill or a proper recovery facility
for these types of materials.
E.
The Lanchester Landfill is the designated facility for disposal of
municipal solid waste generated in West Bradford Township.
This section shall provide for the separation of recyclable
materials from municipal solid waste and provide for the preservation
of materials.
A.
Items that are designated to be preserved or collected as recyclable
materials shall not be placed for collection in the same containers
as municipal solid waste.
B.
Burning of material designated for collection as recyclable materials
or any yard waste, leaves or other compostable material is prohibited.
C.
Recyclable materials as designated by this article or a Township
resolution shall be placed at curbside on a public street for collection
in accordance with the following:
(1)
Items shall be placed in a container(s) or toter as provided by the
municipality.
(2)
The container or toter shall be placed at curbside on a public street
on the assigned day and must be at curbside no later than 6:00 a.m.
The container or toter may be placed at curbside beginning at 6:00
p.m. on the night prior to the scheduled collection day and must be
removed from curbside prior to 12:00 midnight on the day of collection.
(3)
Items shall be prepared as established by Township resolution.
(4)
Material shall include newsprint, magazines, aluminum beverage cans,
clear glass food and beverage containers, plastics labeled #1 through
#7, and other additional material as designated by Township resolution.
(5)
The recycling container or toter must not contain other solid waste
or any material that is not designated for recycling.
(6)
Alternative collection of recyclable materials by donation or sale
to individuals or organizations authorized by the municipality may
be accomplished by the following regulations:
(a)
The items may be delivered to the individuals' or organizations'
sites.
(b)
They may be placed at curbside for alternative collection on
days not indicated as collection days by the municipality.
(c)
Individuals or organizations may not collect recyclable materials
on or immediately preceding (within 24 hours) a regularly scheduled
municipal curbside collection day.
(7)
Collection by unauthorized persons is prohibited.
(a)
From the time of placement of the recyclable materials at the
curb or other designated place for collection by the municipality
pursuant to the provisions of this article and any rules and regulations
adopted hereafter, the recyclable materials shall become and shall
be the property of the municipality.
(b)
Any person not duly authorized by the municipality to collect
or cause to be collected any recyclable materials placed at the curb
or other designated place for collection is specifically prohibited
from collecting at curbside any such material and prohibited from
possessing any material deemed to be the property of the municipality.
(c)
Any and each such unauthorized collection from one and from
each additional residence shall constitute a separate and distinct
offense.
(8)
Each residential unit must participate in the West Bradford Township
municipal recycling system as provided in this article. Mobile home
parks or multifamily units that are not part of the West Bradford
Township municipal recycling system must have a recycling program
in accordance with this article. Residential units in a mobile home
park or multifamily housing must participate in the program that is
provided for them.
[Added 11-25-2008 by Ord. No. 2008-05]
All commercial and institutional establishments in the Township
shall be responsible for removal of any municipal solid waste from
the establishment and proper disposal at an approved facility.
A.
Material that is recyclable shall not be mixed with municipal solid
waste for disposal, particularly items that are required to be recycled
by this article.
B.
Storage of municipal solid waste at establishments shall be in verminproof
closed containers that inhibit blowing and scattering of materials.
All commercial and institutional establishments in the Township
shall recycle certain materials as provided in this article and maintain
records of the types and quantities of materials recycled.
A.
All establishments shall separate and recycle high-grade office paper,
aluminum, corrugated cardboard and other items that are appropriate
for recycling. This is a minimum requirement; other materials should
be recycled as appropriate for the business.
B.
A record shall be maintained of the types of material, quantities
of material and the name of the hauler or facility where the material
is delivered.
C.
Annual reports shall be submitted to the municipal office, as specified
on forms provided by the municipality, on or before January 15 following
the year for which the report is due.
D.
If the municipality collects recyclable material from an establishment,
then that establishment does not have to submit a report for that
material.
All community activities and events shall provide for the separation
and recycling of aluminum, glass and plastic as well as other materials
deemed appropriate for recycling.
A.
The sponsor of each community event or activity shall provide containers
and necessary signage for separation of recyclable material from municipal
solid waste that is generated at the event.
B.
The sponsor of each community event shall submit an annual report
of the types of material, quantity of material and the name of the
hauler or facility where the material is delivered.
C.
Annual reports shall be submitted to the municipal office, as specified
on forms provided by the municipality on or before January 15 following
the year for which the report is due.
D.
If the municipality collects recyclable material from an event, then
the sponsor does not have to submit a report for that material.
Yard waste, leaves and grass clippings are beneficial when composted
or in other ways converted to usable material such as mulch or soil-enriching
products. These materials should not be landfilled or otherwise disposed
of so as to prevent recovery for beneficial use.
A.
Leaf waste, yard waste and grass clippings shall not be placed in
the toter for disposal as municipal solid waste.
B.
Leaf waste shall be placed in approved biodegradable bags for curbside
collection on dates established by the Township.
C.
Leaf waste shall not be placed for collection in plastic bags or
other containers that are not biodegradable.
D.
Yard waste shall be prepared for collection as directed by the Township.
The method of preparation of yard waste will be published on the website
and/or other publications produced by the Township.
E.
Yard waste, leaves and grass clippings can be delivered to the dropoff
center at the Lanchester Landfill or a dropoff center operated by
the Township when that center is in operation. Operation dates, times
and regulations for a Township dropoff center will be posted on the
Township website and/or other publications when the dropoff center
is available.
F.
Composting of these materials is encouraged and is an appropriate
method of disposal.
G.
Use of mulching mowers is encouraged to minimize grass clippings.
H.
Burning of yard waste, leaves and/or grass clippings is prohibited.
Any owner, landlord or agent of an owner of multifamily rental
housing properties with four or more units shall establish a collection
system for recyclable material at each property or unit.
A.
The collection system must include suitable containers and written
instructions to the occupants regarding the use and availability of
the collection system.
B.
Within multifamily housing, apartments and mobile home parks, materials
to be recycled shall be the same as those collected at curbside by
the Township. The owner, landlord or agent of an owner may apply to
the Board of Supervisors for relief from collection of a particular
item if there is reason that the item cannot be reasonably collected,
stored or sent to a proper facility.
C.
If the Township should enter into an agreement for collection of recyclable material from any multifamily housing, apartments or mobile home parks, then the owner, landlord or agent of an owner shall be responsible to assure compliance with regulations established by the Township for that collection or those established by § 368-11 of this article. The provision of collection services in this section is at the sole discretion of the Township, and this section is not intended to obligate the Township in any way.
D.
The owner, landlord or agent of an owner shall submit an annual report
of the types of material, quantity of material and the name of the
hauler or facility where the material is delivered.
E.
Annual reports shall be submitted to the municipal office, as specified
on forms provided by the municipality, on or before January 15 following
the year for which the report is due.
F.
Inspection for compliance with this section may be made by any code
enforcement person or recycling coordinator appointed by the Township.
G.
The owner, landlord or agent of an owner shall provide educational
materials regarding the recycling program that they provide on at
least a semiannual basis. A copy of this material shall be submitted
with the annual report.
The Township is authorized and directed to enforce and administer
this article.
A.
Enforcement may include notice of violation and a reasonable time
to correct the violation and may include refusal to collect items
that are not properly prepared, refusal to collect recyclable materials
that are contaminated with other items or will result in loss of other
material that has been collected.
B.
The administration of this article may include adding additional
items for recycling or changing the dates and times for collection,
methods of preparing materials or adding additional services. These
changes are considered to be a valid portion of this article when
done by Township resolution.
C.
The Township will provide educational materials for residential,
commercial and institutional establishments recycling at least semiannually;
promote recycling on the Township website and provide educational
material at community events sponsored by the Township.
A notice of violation may be issued followed by a citation,
or a citation may be issued without being preceded by a notice of
violation.
A.
Any action by any person, firm, corporation or other entity which
violates or does not comply with any provision of this article or
any regulation thereof shall be punishable by fine(s) as established
in this section. Each day that a violation occurs shall be considered
a separate violation.
B.
An owner or occupant of a dwelling unit, any person, firm, corporation
or other entity in violation of any portion(s) of this article shall
be issued a notice of violation and be ordered to pay a fine of $20,
payable to the Township of West Bradford within 14 days of issuance
of such notice.
C.
Failure to respond to the notice of violation set forth in Subsection B above by payment of the fine aforesaid, which payment must be made to the Township of West Bradford within 14 days of issuance of such notice, shall result in the issuance of a citation to the defendant. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure and, upon conviction for the offense, the defendant shall be ordered to pay the fine hereinabove set forth or, in the case of subsequent violations, as set forth in Subsection D below, together with the costs of prosecution and/or to be incarcerated in the County Prison for not more than five days.
D.
The fine for the first violation of this article shall be $20; for
any subsequent conviction the fine shall be not less than $50 and
not to exceed $500 and/or be incarcerated in the County Prison for
not more than five days.
