[Ord. 172, 6/7/1954, § 1]
For the purpose of interpreting the provisions of this Part the following words shall have the meaning or meanings herein ascribed to them:
- COMBUSTIBLE RUBBISH
- All waste paper, straw, excelsior, rags and similar organic materials not subject to rapid decomposition, but burnable.
- A water-tight can equipped with a tight lid or cover designed primarily for the storage of garbage with a handle or handles for easy handling and which has a maximum capacity not exceeding 20 gallons.
- A contract entered into by and between the Township of Elizabeth and any person, firm, partnership, association or corporation for the collection and removal of garbage and rubbish from the said Township pursuant to and in accordance with the provisions of this Part and the Acts of Assembly of the Commonwealth of Pennsylvania applicable thereto.
- CONTRACTOR OR CONCESSIONER
- Any person, firm, partnership, association or corporation who enters into a contract with the Township for the collection and removal of garbage, and rubbish.
- All waste animal and vegetable matter subject to rapid decomposition.
- NON-COMBUSTIBLE RUBBISH
- Tin cans or any other metal waste or scrap, glass, crockery, ashes and other materials not subject to decomposition nor readily burnable.
- Combustible and non-combustible rubbish.
[Ord. 172, 6/7/1954, § 2]
The Board is hereby authorized to award a concession or concessions for the collection and removal of garbage and rubbish in the various districts of the Township. Said concession or concessions shall extend for a period of not less than one year and no more than three years. Concessions in the various districts may be awarded to different persons, firms or corporations.
[Ord. 172, 6/7/1954, §§ 3, 4]
The Board be and is hereby authorized and directed to enter into a contract or contracts with any individual firm or corporation for the collection and removal of garbage, and rubbish from the several districts of the Township. Said contract or contracts shall provide that all collections shall be made using water-tight tanks or trucks so that no garbage or rubbish so collected shall be dumped or deposited on the public roads and ways of the Township. The Board shall at its discretion require the person, firm or corporation awarded a concession or concessions for the removal of garbage and rubbish to enter into a bond or bonds in such an amount as the Board may designate. Said bond or bonds shall be conditioned upon the faithful performance of said contract or contracts and the observance of the laws of the Commonwealth of Pennsylvania and all ordinances and regulations of the Township. The Contract shall further provide a schedule of time for the collection and removal of said garbage and rubbish and the prices to be charged therefor to the persons from whom collected.
Immediately upon the signing of any contract or contracts awarding a concession or concessions for the collection and removal of garbage and rubbish the Board shall notify the residents of the Township of the district or districts affected by said contracts by notices published in the official Township publication and by posting of hand bills throughout the said Township or said district or districts. The notice shall contain the name of the concessioner or concessioners, rates which shall be charged and the time schedule for collection and removal of garbage, and rubbish.
[Ord. 172, 6/7/1954, §§ 5-7]
From and after the passage of this Part all garbage and rubbish shall be collected and removed from residences and business places within the Township at least once a week by the concessioner or contractor employed under the provisions of this Part and the Acts of Assembly of the Commonwealth of Pennsylvania applicable thereto.
No person, firm, partnership, association or corporation other than the concessioner or concessioners shall be permitted to make any collection of garbage or rubbish for which a fee is charged within the limits of the Township of Elizabeth, in the district or districts covered by any contract made under this Part.
The concessioner or concessioners granted contracts under this Part shall in no wise or manner be construed an agent, servant or employee of the Township but shall be considered as independent contractor.
[Ord. 172, 6/7/1954, § 8; as amended by Ord. 561, 6/1/1987; and by Ord. 577, 8/1/1988, § 2U]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000.00; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 1 continues shall constitute a separate offense.