[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-2-2010 by Ord. No. 6-2010]
For the purpose of this article, the following terms, phrases
or words shall have the meanings described to them in this section,
except where the context in which the word is used clearly indicates
otherwise.
Garbage, rubbish, ashes, debris, yard waste, and industrial
lunchroom or office waste and other material, including solid, liquid,
semisolid or contained gaseous material resulting from operation of
residential, municipal, commercial, institutional establishments,
or from community activities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
The Township of West Manheim, York County, Pennsylvania.
That individual, partnership, firm, corporation or business
entity designated by West Manheim Township by means of an independent
contract as the collector having the exclusive right to collect municipal
waste within the Township, but shall not be construed as meaning that
said person is an employee, official or representative of the Township.
[Amended 6-2-2016 by Ord.
No. 3-2016]
It shall be mandatory for every rental unit, residential customer,
commercial establishment, and commercial customer, except for those
establishments identified or exempted as provided in the contract
with the Township Collector, to have all of their municipal waste
and recyclables collected by the Township Collector. Each rental unit,
residential customer, commercial establishment, and commercial customer,
except for low-volume users, shall have their municipal waste and
recyclables collected at least once per week, or more often, if necessary.
Low-volume users will have their municipal waste and recyclables collected
on a bi-weekly basis or as provided in the contract with the Township
Collector.
Each rental unit, residential customer, commercial establishment,
and commercial customer shall prepare their municipal waste and recyclables
for collection pursuant to the requirements of the contract with the
Township collector.
[Amended 6-2-2016 by Ord.
No. 3-2016]
The Township shall award an exclusive contract for the collection
of municipal waste and recyclables as specified in the contract documents.
This hauler shall be known as the Township Collector.
The exclusive residential Township collector shall provide curbside
recycling service per the contract documents. The Township collector
providing recycling to customers in the Township is required to conform
to all ordinances and laws of the Township, county and Commonwealth
of Pennsylvania. The Township collector providing recycling services
in the Township is required to keep accurate weight receipts for all
designated recyclable materials and municipal solid waste collected
from within the Township and must provide these totals to the Township
annually or as often as is deemed necessary by or specified in the
exclusive contract documents and exclusive contract awarded by the
Township. The Township collector shall make available for inspection
by the Township any records and/or weight receipts pertaining to customers
in the Township. The Township collector shall permit the Township
to use the information collected pursuant to this section for the
purpose of applying for and obtaining grants from the commonwealth.
If the owner of a residential dwelling does not reside in the dwelling, the Township collector may collect the fee for the collection, transportation and disposal of municipal waste and recyclable materials from the tenant or occupant of the residential dwelling. The Township collector shall be authorized to exercise the collection remedies provided for in § 214-8 below against the tenant or occupant. The Township collector shall not be permitted to enforce the owner's duty to pay a tenant's or occupant's bill for service rendered, unless the Township collector notifies the owner of the residential dwelling within 30 days after the tenant's or occupant's bill for service first becomes overdue. Notification shall be provided by first-class or certified mail to the address of the owner and to the billing address of the tenant or occupant, respectively. The notice shall reference the enforcement provisions of this article and clearly indicate that the owner shall be responsible for overdue charges for service rendered to the tenant or occupant of the residential dwelling. Nothing in this section shall be construed to relieve the owner of liability for such service unless the Township collector fails to provide the notice required in this section.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended 8-6-2015 by Ord.
No. 3-2015]
B.
In addition to the foregoing penalty, the Township of West Manheim
may require the owner or occupant of a property to remove any accumulation
of solid waste and should said person fail to remove the same within
10 days after written notice, the Township of West Manheim may cause
the same to be done and collect the costs thereof together with a
penalty of 10% of such costs in the manner provided by law for the
collection of municipal claims or by action in assumpsit or may seek
relief by bill of equity.
A.
The billing party for a residential unit, a rental unit, a commercial
establishment, and a commercial customer, within West Manheim Township,
shall be required to pay to the Township collector a monthly, quarterly,
or semiannual fee for the collection, transportation, and disposal
of municipal waste. This fee shall be paid regardless of the amount
or type of waste and/or recyclables put out for collection. The monthly,
quarterly, or semiannual fee charged by the Township collector shall
be established by a contract to be entered into between West Manheim
Township and the Township collector pursuant to public bidding requirements.
The Township accepts no responsibility whatsoever for the collection
of the fee to be charged to the respective customer. The Township
collector shall be solely responsible for the collection of the monthly,
quarterly, or semiannual fee.
B.
All fees which remain unpaid 30 days after the invoice date shall
be deemed delinquent. The delinquent account shall have added to it
a penalty as established by the contract between West Manheim Township
and the Township collector. Thereafter, the penalty shall be added
to the delinquent account once during each quarter the bill remains
unpaid.
[Amended 8-6-2015 by Ord.
No. 3-2015]
C.
If the billing party shall fail to pay any charges or fees after
the same becomes delinquent, the Township collector is authorized
to file a civil lawsuit for the collection of fees, charges, penalties,
interest, and costs of collection, including reasonable attorneys'
fees. Upon filing of the civil lawsuit, an additional penalty as established
by the contract between West Manheim Township and the Township collector
shall be added to the delinquent accounts.
[Amended 8-6-2015 by Ord.
No. 3-2015]
[Added 6-2-2016 by Ord.
No. 3-2016]
[Added 11-15-2016 by Ord.
No. 7-2016]
Responsibilities of community event activities. Organizers of
community activities and events held in the Township, which include
but are not limited to fairs, bazaars, socials, picnics, parades,
and organized sporting events, shall provide recycling opportunities
to participants. Organizers shall provide recycling opportunities
to participants in accordance with the requirements of Act 1988-101
of the Commonwealth of Pennsylvania. For reporting purposes, organizers
shall report amount and types of recyclables to the Township on a
required form within 30 days following the event.
