[Ord. 2012-6-03, 6/11/2012[1]]
As used in this Part, the following terms shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.[2]
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as now or hereafter amended.[3]
ALUMINUM
All food and beverage cans made of the light-in-weight, ductile and malleable metallic substance or element commonly known as "aluminum." This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
CLEAR GLASS
Consists only of clear food and beverage containers made of glass, of one gallon or less in capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
COLORED GLASS
Consists only of green or brown food and beverage containers made of glass, of one gallon or less in capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
COMMENCEMENT DATE
The date upon which the current and subsequent municipal contract collection services begin.
COMMINGLED
Designated recyclable materials:
1. 
Which have been segregated from regulated municipal waste but which have not been separated into different types of recyclable materials; and
2. 
Which have been placed in a recycling container for the purpose of collection.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals, including, but not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
COMPOSTING
The process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
CONSTRUCTION/DEMOLITION WASTE
A portion of municipal waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, drywall and wall board, metals, asphaltic substances, bricks, block, and unsegregated concrete. The term also includes street sweepings and nonfriable asbestos waste. The term does not include the following if they are separated from other waste and used as clean fill:
1. 
Uncontaminated soil, rock, stone, gravel, brick, block, concrete, and used asphalt.
2. 
Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
CONTRACTOR
The person providing municipal contract waste and designated recyclable materials collection services under the municipal contract.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
CURBSIDE
The correct location for the placement of refuse containers and recycling containers for the purpose of collection by the contractor, which shall be:
1. 
Adjacent to the residential unit; and
2. 
No more than five feet from the public street used by collection vehicles.
DESIGNATED RECYCLABLE MATERIALS
Those source-separated recyclable materials designated in § 20-206 of this Part.
EXISTING CONTRACT
Any municipal contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or designated recyclable materials generated or located within the municipality which:
1. 
Was legally entered into prior to the effective date of this Part; and
2. 
When entered into, was legally enforceable.
EXTRA REFUSE CONTAINERS
Refuse containers which are in excess of the number of refuse containers per collection site limit in the municipal contract.
EXTRA SERVICE TAG
A label which must be affixed to tires, white goods, oversized refuse items, yard waste and extra refuse containers in order for such items to be collected by the contractor.
FACILITY
Any specific site designated by the YCSWA (or approved by the YCSWA) as the specific place or site to which solid waste or source-separated recyclable materials, or any portion of solid waste or source-separated recyclable materials, must or may be delivered; or in the absence of a specific site being designated by the YCSWA, any approved site for the delivery of any category of solid waste or source-separated recyclable materials.
FARM
A tract of land containing 10 or more acres which is used for agricultural purposes, which agricultural activities provide the major and primary source of income to the residents of the tract.
GENERATOR
A person who produces or creates any solid waste.
GRASS CLIPPINGS
The residue of lawn mowing, consisting of severed blades of grass, weeds and incidental leaves as may be found in the normal residential lawn.
[Added by Ord. 2016-6-1, 6/13/2016]
HAZARDOUS WASTE
1. 
Garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air-pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or a combination of these factors, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may:
A. 
Cause or significantly contribute to an increase in mortality or morbidity in either an individual or the total population; or
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
2. 
The term does not include:
A. 
Coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62);
B. 
Treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. § 691.1 — 691.1001);
C. 
Solid or dissolved material in domestic sewage;
D. 
Solid dissolved materials in irrigation return flows;
E. 
Industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1342); or
F. 
Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
HIGH-GRADE OFFICE PAPER
Desktop generated paper limited to white ledger, copy paper, and computer printout (CPO).
HOUSEHOLD HAZARDOUS WASTE
A portion of municipal waste that would be considered hazardous under Act 97 but for the fact that it is produced in quantities smaller than those regulated as hazardous waste under Act 97 and is generated by persons not otherwise covered as hazardous waste generators by Act 97. Household hazardous waste includes the following materials and other materials of a similar nature:
1. 
Antifreeze;
2. 
Batteries;
3. 
Chlorinated hydrocarbons;
4. 
Fluorescent light bulbs and other mercury-containing devices;
5. 
Gasoline and kerosene;
6. 
Grease and rust solvents;
7. 
Oven, toilet and drain cleaners;
8. 
Pesticides, fungicides, herbicides, insecticides, rodenticides, and roach and ant killers;
9. 
Photographic and pool chemicals;
10. 
Transmission and brake fluids;
11. 
Used oil or other hydrocarbon-based lubricants; and
12. 
Wood, metal, rug and upholstery cleaners and polishes.
LEAF WASTE
Leaves which have fallen from trees or bushes, not including brush, grass clippings, tree trimmings and hedge trimmings.
[Added by Ord. 2016-6-1, 6/13/2016]
MULTIFAMILY UNIT
A property with four or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
MUNICIPAL CONTRACT
The agreement between the municipality and a permitted collector under which collection services are to be provided to residential units for municipal contract waste and for designated recyclable materials.
MUNICIPAL CONTRACT WASTE
Those portions of regulated municipal waste which are to be collected and disposed of under this municipal contract. Municipal contract waste consists exclusively of refuse and oversized refuse items.
MUNICIPALITY
Red Lion Borough.
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to time by the municipality which govern and pertain to:
1. 
The municipality's recycling program; and
2. 
The on-site collection or storage of regulated municipal waste within the municipality.
NEWSPRINT
Paper which has been used for the production of daily, weekend and special-edition publications commonly known as "newspapers."
NONPROCESSABLE WASTE
A portion of municipal waste consisting of materials which cannot be handled by the YCSWA's normal processing or disposal methods.
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments, all community activities, and all farms, excluding residential units and multifamily units.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
OVERSIZED REFUSE ITEMS
Refuse which will not fit into refuse containers, but which is not nonprocessable waste, including small furniture, carpet, portable televisions and the like, but excluding tires and white goods.
PERMITTED COLLECTOR
A person who is in possession of all pertinent permits and licenses which may be required by the municipality and the YCSWA for the collection, storage or disposal of solid waste or recyclable materials.
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLAN
The York County Municipal Waste Management Plan Update approved pursuant to Act 97 and pursuant to Section 501(b) of Act 101, and any subsequent revisions, amendments or updates thereto which are approved pursuant to the provisions of Act 101.
PLASTICS
Recyclable plastics consist of containers with a neck or opening smaller than the base, which are primarily: No. 1 PETE (such as soda and water bottles) and No. 2 HDPE (such as milk, springwater, and detergent bottles).
PUTRESCIBLE WASTE
A portion of municipal waste consisting of organic waste materials which, due to biological decomposition, are, or have a tendency to be, rotten, foul, or odorous, including dead animals and spoiled foods, but not including sludge.
RECYCLABLE MATERIALS
Any material which would be regulated municipal waste but for source separation and which will be processed into raw materials or products which are beneficially reused.
RECYCLING
The separation, collection, recovery and sale or reuse of metals, glass, paper, yard waste, plastics and other materials which would otherwise be disposed of or processed as solid waste or the mechanized separation and treatment of solid waste and creation and recovery of reusable materials.
RECYCLING CONTAINER
For residential units, the term "recycling container" shall refer to the container supplied by the municipality. For multifamily units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
REFUSE
That portion of regulated municipal waste except:
1. 
Construction/demolition waste;
2. 
Nonprocessable waste;
3. 
Putrescible waste; and
4. 
Household hazardous waste.
REFUSE CONTAINER
1. 
A receptacle which is:
A. 
Constructed of plastic, metal, or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors; or
B. 
A polyethylene bag which:
(1) 
Is specifically designed for storage and collection;
(2) 
Is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents; and
(3) 
Has a holding strength capable of withstanding normal stresses until it is collected.
2. 
With respect to residential units, the weight of a refuse container and its contents shall not exceed 30 pounds, nor shall its capacity exceed 32 gallons.
REGULATED MUNICIPAL WASTE
Any solid waste generated or collected within the municipality which is 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, and any sludge meeting the definition of "residual waste" or "hazardous waste" from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution control facility. The term does not include designated recyclable materials or unacceptable waste.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a multifamily building containing three or fewer dwelling units, excluding farms. When used in this Part or the municipality's policies and procedures, the term "residential unit" shall also refer to any multifamily unit or nonresidential unit that requests and receives approval from the municipality to use the collection services provided under the municipal contract.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial, mining and agricultural operations, and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air-pollution control facility, provided that it is not hazardous. The term does not include:
1. 
Coal refuse, as defined in the Coal Refuse Disposal Control Act;[4] or
2. 
Treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.
SCAVENGING
The removal of designated recyclable materials in violation of § 20-210 of this Part.
SINGLE STREAM
A system where recyclable materials; commonly fibers and glass, metal and plastic containers; are collected and processed together.
SOLID WASTE or WASTE
Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
SOURCE SEPARATE or SOURCE SEPARATION
The process of separating, or the separation of, designated recyclable materials from other solid waste at the location where generated for the purpose of recycling.
STEEL CANS
The ferrous metal food or beverage containers commonly known as "tin cans."
TIRES
Any pneumatic rubber automobile, truck, or farm implement tire.
UNACCEPTABLE WASTE
The following types of solid waste are unacceptable waste unless approved by YCSWA on a case-by-case basis:
1. 
Chemotherapeutic waste;
2. 
Drums, barrels, and buckets;
3. 
Explosives and ordinance materials;
4. 
Gas cylinders;
5. 
Hazardous waste;
6. 
Infectious/pathological waste; and
7. 
Radioactive materials.
VEGETATIVE GARDEN RESIDUE
Flowers, plants, vines, decorative grass and similar residue.
[Added by Ord. 2016-6-1, 6/13/2016]
WHITE GOODS
A portion of regulated municipal waste consisting of large appliances, including the following: clothes washers, clothes dryers, dishwashers, freezers, refrigerators, stoves, ovens, hot-water heaters, air conditioners, dehumidifiers, furnaces and electrical heaters.
YARD WASTE
All garden residues, leaves, shrubbery and tree trimmings, but not including grass clippings.
YCSWA
The York County Solid Waste Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended.[5]
YCSWA FACILITY
Any facility owned or operated by or on behalf of the YCSWA.
YCSWA FLOW CONTROL ORDINANCE
The York County Waste Flow Control Ordinance No. 89-4, adopted on August 30, 1989, by the York County Commissioners.
YCSWA LICENSING RULES AND REGULATIONS
The York County Solid Waste Authority Municipal Waste Collection and Transportation Licensing Rules and Regulations and Recyclable Materials Licensing Rules and Regulations, adopted and revised from time to time by YCSWA, which govern and pertain to:
1. 
The collection, transportation, processing and marketing of recyclable materials in York County; and
2. 
The collection and transportation of municipal waste, as defined by Act 101, in York County.
[1]
Editor's Note: This Ordinance also provided for the repeal of former Part 2, Recycling, adopted 9/12/1990 by Ord. 909-9, as amended.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Ord. 2012-6-03, 6/11/2012]
All persons within the municipality shall source-separate designated recyclable materials generated by such person or generated within a residential unit, multifamily unit or nonresidential unit occupied by such person.
[Ord. 2012-6-03, 6/11/2012]
Each person who owns or occupies a residential unit, multifamily unit or nonresidential unit within the municipality shall ensure that regulated municipal waste and designated recyclable material generated at such residential unit, multifamily unit or nonresidential unit are collected and disposed of in accordance with this Part, the municipality's policies and procedures, and the YCSWA Licensing Rules and Regulations.
[Ord. 2012-6-03, 6/11/2012]
Collection services for municipal contract waste and for designated recyclable materials shall be provided to residential units by the contractor. Each person who owns or occupies a residential unit shall prepare designated recyclable materials and municipal contract waste for collection in accordance with the municipality's policies and procedures. With respect to regulated municipal waste which is not municipal contract waste, persons who own or occupy residential units shall elect to provide proper on-site collection and disposal by either:
1. 
Themselves delivering such materials to a facility; or
2. 
Utilizing a permitted collector to collect and deliver such materials to a facility.
[Ord. 2012-6-03, 6/11/2012]
1. 
Each person who owns or occupies a nonresidential unit or multifamily unit shall provide proper collection and disposal for regulated municipal waste and designated recyclable materials by utilizing a permitted collector to collect and deliver such materials to a facility. With respect to municipal contract waste and designated recyclable materials, a person who owns or occupies a multifamily unit or nonresidential unit may request municipality approval to receive the services under the municipal contract.
2. 
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the municipal contract shall comply with the municipality's policies and procedures established for residential units, and, notwithstanding the provisions of § 20-206, Subsections 2 and 3, of this Part, shall source-separate the recyclable materials designated in § 20-206, Subsection 1.
3. 
Each person who owns a multifamily unit or nonresidential unit that does not receive services under the municipal contract shall:
A. 
Provide recycling containers at easily accessible locations for source-separation of designated recyclable materials;
B. 
Provide written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source-separated; and
C. 
Provide collection and delivery of source-separated designated recyclable materials at a frequency of not less than once per month.
[Ord. 2012-6-03, 6/11/2012]
1. 
Each person who owns or occupies a residential unit shall source-separate the following recyclable materials:
A. 
Clear glass;
B. 
Colored glass;
C. 
Aluminum;
D. 
Steel cans;
E. 
Plastic;
F. 
Newsprint; and
G. 
Other materials as adopted by resolution from time to time by the elected body of the municipality.
2. 
Each person who owns or occupies a multifamily unit shall source-separate the following recyclable materials:
A. 
Clear glass;
B. 
Colored glass;
C. 
Aluminum;
D. 
Steel cans;
E. 
Plastic;
F. 
Newsprint; and
G. 
Other materials as adopted by resolution from time to time by the elected body of the municipality.
3. 
Each person who owns or occupies a nonresidential unit shall source-separate, at a minimum, the following recyclable materials:
A. 
Aluminum;
B. 
High-grade office paper;
C. 
Corrugated cardboard; and
D. 
Other materials as adopted by resolution from time to time by the elected body of the municipality.
[Ord. 2012-6-03, 6/11/2012; as amended by Ord. 2016-6-1, 6/13/2016]
1. 
All yard waste must be recycled on residential and nonresidential properties. Tree and shrubbery trimmings will be collected curbside two times per year. One collection will occur in the spring, and one collection will occur in the fall, as determined by Red Lion Borough. Vegetative garden residues shall not be placed for or collected curbside but must be composted or taken to a location designated by the YCSWA.
2. 
Grass clippings may be mulched in place or collected and disposed of as refuse in accordance with Part 1 of this chapter.
3. 
All leaf waste generated within the Borough and intended for collection by the Borough shall be separated from all other trash, refuse, grass clippings and recyclable materials. Leaf waste shall be placed on a pile or row on the street for collection in the fall of the year at times designated by the Borough and at any other time designated by the Borough. The pile or row shall be located on the street outside of the traffic lanes approximately one foot from the edge of the curb in such a manner as will allow safe passage of vehicles and also allow for proper stormwater drainage. This section shall not require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch or other legal agricultural, horticultural, gardening or landscape purposes.
[Ord. 2012-6-03, 6/11/2012]
1. 
With respect to municipal contract waste and designated recyclable materials, no person other than the contractor shall collect, transport, store, process or dispose of such contract waste. With respect to regulated municipal waste other than municipal contract waste which is generated at residential units and regulated municipal waste or designated recyclable materials generated at multifamily units or nonresidential units, no person other than a permitted collector shall collect, store, process or dispose of such waste. (Collection of leaves/yard waste may be arranged by the municipality in accordance with the municipality's policies and procedures.)
2. 
No person who generates, owns or possesses designated recyclable materials or regulated municipal waste shall, by contract for collection services or otherwise, cause, permit or assist in the collection, storage, processing or disposal of such waste by any person other than: the contractor with respect to municipal contract waste or designated recyclable materials generated at residential units; and a permitted collector with respect to regulated municipal waste other than municipal contract waste generated at residential units and regulated municipal waste or designated recyclable materials generated at multifamily units or nonresidential units. (Collection of leaves/yard waste may be arranged by the municipality in accordance with the municipality's policies and procedures.)
3. 
No permitted collector who collects or disposes of designated recyclable materials or regulated municipal waste shall, by municipal contract for such services or otherwise, cause, permit or assist in the storage, collection, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste or which is otherwise inconsistent with source-separation or recycling.
4. 
Notwithstanding the provisions of Subsections 1 and 2 above, any person who occupies a residential unit may deliver to a facility the regulated municipal waste and designated recyclable materials which were generated at such person's residence.
5. 
All regulated municipal waste and designated recyclable materials generated or collected in the municipality shall be delivered directly to a facility in accordance with the YCSWA Flow Control Ordinance and without any intervening transfer, unloading, processing, sorting, salvaging, scavenging, or reuse of any portion of any load of such regulated municipal waste and designated recyclable materials from the time of its collection until the time of its delivery to the facility.
[Ord. 2012-6-03, 6/11/2012]
1. 
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or § 20-206, yard waste may be composted to the extent and in the manner provided in the municipality's policies and procedures on the property on which such yard waste was generated.
2. 
No person shall process or dispose of any designated recyclable materials through open burning.
[Ord. 2012-6-03, 6/11/2012]
From the time of placement for collection of any designated recyclable materials, all such designated recyclable materials shall be the property of the generator or the permitted collector who has contracted to provide on-site collection, as provided in the municipal contract. It shall be a violation of this Part for any person, other than such permitted collector, to collect or pick up, or cause to be collected or picked up, any such designated recyclable materials. (Collection of leaves/yard waste may be arranged by the municipality in accordance with the municipality's policies and procedures.)
[Ord. 2012-6-03, 6/11/2012]
1. 
Nothing in this Part shall be construed to impair the obligations of any existing contract.
2. 
No renewal or modification of any existing contract, and no new contract for the storage, on-site collection, processing or disposal of regulated municipal waste or designated recyclable materials, shall be entered into after the effective date of this Part unless such renewal or modification or new contract shall conform to the requirements of this Part and the municipality's policies and procedures.
3. 
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 20-211 shall provide for on-site collection services to be performed after the commencement date for contract waste or designated recyclable materials generated at residential units. This provision shall not apply to the contract between the municipality and the contractor. With respect to any contract which violates this Subsection 3, such contract shall be deemed void, and the hauler that is a party to such contract shall reimburse to the applicable residential units any funds which have been paid for such on-site collection services and shall not collect or attempt to collect any funds for such on-site collection services.
[Ord. 2012-6-03, 6/11/2012]
1. 
The municipality shall have the power to issue the municipality's policies and procedures governing all matters set forth in this Part and any other related matters deemed necessary or convenient by the municipality.
2. 
The municipality's policies and procedures shall be effective when issued in writing and signed by the Manager of the municipality.
3. 
The municipality shall have the power to establish record and reporting requirements and standards and procedures for the issuance, administration and revocation of licenses, as deemed necessary, including, without limitation:
A. 
Application procedures and standards and conditions for licenses;
B. 
The fixing of a monetary bond, with or without surety, to secure the compliance by any permitted collector with any such requirements, standards or procedures; and
C. 
Any other matters deemed necessary or convenient by the municipality.
4. 
In the event of suspension or revocation of any license which is issued by the municipality or the YCSWA, the person whose collection permit is suspended or revoked shall refund to each customer any prepaid fees.
[Ord. 2012-6-03, 6/11/2012]
It shall be unlawful for any person to violate, or cause or permit or assist in the violation of, any provision of this Part or any provision of the municipality's policies and procedures. All unlawful conduct shall also constitute a public nuisance.
[Ord. 2012-6-03, 6/11/2012]
Any person violating any provision of this Part or any provision of the municipality's policies and procedures, shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not more than $1,000 and costs of prosecution and, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each violation of any provision of this Part or of any provision of the municipality's policies and procedures, and each day that such a violation shall exist, shall constitute a separate violation and offense.
[Ord. 2012-6-03, 6/11/2012]
For purposes of the obligations established by this Part or the municipality's policies and procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "person," "residential unit," "multifamily unit" and "nonresidential unit" shall:
1. 
Include officers and directors of any corporation or other legal entity having officers and directors; and
2. 
Refer to, and impose joint and several liability upon, both:
A. 
The persons residing in or occupying any such residential, multifamily or nonresidential units; and
B. 
The owner, landlord, condominium owners' association and/or agent of an owner, landlord or condominium owners' association of such premises.
[Ord. 2012-6-03, 6/11/2012]
In addition to any other remedy provided in this Part, the municipality may institute proceedings to restrain any violation of, or to require compliance with, this Part and/or the municipality's policies and procedures.
[Ord. 2012-6-03, 6/11/2012]
The penalties and remedies set forth in this Part are in addition to, not in lieu of, any fines, penalties or remedies provided in the municipality's policies and procedures. The existence or exercise of any remedy shall not prevent the municipality from exercising any other remedy:
1. 
Provided under:
A. 
This Part; or
B. 
The municipality's policies and procedures; or
2. 
Available at law or equity.
[Ord. 2012-6-03, 6/11/2012]
Any ordinances which pertain to regulated municipal waste or designated recyclable materials are hereby repealed to the extent of any inconsistency with this Part.
[Ord. 2012-6-03, 6/11/2012]
The provisions of this Part are severable; and if any section, sentence, clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this Part. It is hereby declared to be the intent of the municipality that this Part would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
[Ord. 2012-6-03, 6/11/2012]
This Part shall be effective five days after adoption.