[HISTORY: Adopted by the Board of Supervisors of the Township
of Clinton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-16-1996 by Ord. No. 96-02]
The purpose of this article is to provide for the health, safety
and welfare of Clinton Township and to comply with state and county
mandates by regulating the accumulation, storage, collection and disposal
of municipal waste and recyclables by all persons in the Township.
As used in this article, the following terms shall have the
meanings indicated:
A collector of municipal waste and recyclables licensed to
operate in Butler County, Pennsylvania, and operating in Clinton Township.
Garbage, rubbish or trash generated by all sources in the
Township, including but not limited to discarded food waste, glass,
metal, papers, plastics, furniture, building materials, automobile
parts, tires, appliances and all other discarded matter or material
except for those materials designated as recyclables and normally
generated farm products and by-products.
Any individual, partnership, corporation, association, institution,
cooperative enterprises, or any other legal entity which is recognized
by law as the subject of rights and duties.
Materials designated by the Township by resolution that must
be separated from all other municipal waste by the generator of said
materials and disposed of or collected separately from all other municipal
waste.
Clinton Township, Butler County, Pennsylvania.
A.
It shall be unlawful for any person to place, store, accumulate or
store municipal waste or recyclables upon any property in the Township
except in accordance with this part.
B.
All municipal waste and recyclables shall be stored in a manner that
does not contaminate the soil, air or water or create health hazards,
odors, rodent harborage, insect breeding areas, or causes any fire
or safety hazards.
C.
Each person generating municipal waste and/or recyclables in the
Township shall be responsible for contracting with an authorized collector
or making some other arrangements for the removal of the municipal
waste and recyclables on a regular basis, not less than often than
hereinafter provided.
D.
No municipal waste or recyclables shall be accumulated or stored
within the right-of-way of any public road in the Township.
A.
The Township Board of Supervisors may, from time to time, by official
resolution, designate certain materials as recyclables. Nothing in
this article shall be interpreted to prohibit authorized collectors
from specifying additional items as recyclables with the cooperation
of persons utilizing that collector.
B.
All persons shall separate recyclables from all other municipal waste.
C.
Each authorized collector shall provide its customers with written
instructions describing how recyclables should be prepared and set
out for collection.
A.
All authorized collectors shall comply with the Butler County Municipal
Waste Management Ordinance as regards the licensing of collectors
and the transportation of waste to county designated disposal facilities.
B.
Each authorized collector that collects municipal waste shall also
collect recyclables from its customers.
C.
Each authorized collector shall specify the size and type of containers
to be used by its customers for the handling and storage of all municipal
waste and recyclables. Each authorized collector shall also specify
standards and procedures for collecting bulky waste items too large
to be placed in containers.
D.
Authorized collectors may require that all municipal waste and recyclables
be set out at the roadside for the pickup.
E.
When placed out at the roadside for collection, all containers, whether
full or empty, and any bulky waste items not in containers must be
at least 16 1/2 feet from the center of all Township roads, as
to not be within the road right-of-way where such items may interfere
with traffic, or the safety of mowing, snow removal or other road
maintenance activities.
F.
Municipal waste and recyclables may be set out for collection only
on the scheduled collection day or the day preceding it.
G.
The person setting out municipal waste recyclables for collection
is responsible for cleaning up and properly storing any such materials
that become scattered or spilled or that are, for any reason, not
picked up on the scheduled collection day.
H.
The owner of all mobile home parks, multifamily housing, or other
establishments having tenants shall be responsible for establishing
a program for the tenants at each property that provides for the collection
of both municipal waste and recyclables.
I.
Authorized collectors shall provide collection service that meets
the following standards:
(1)
Municipal waste from single-family and two-family residences shall
be collected at least biweekly.
(2)
Nonperishable municipal waste
from all other establishments shall be collected at least biweekly,
unless more frequent collection is required to control health hazards,
odor, or unsightly conditions.
(3)
Recyclables shall be collected at least biweekly from all establishments.
(4)
Each authorized collector shall establish a regular collection schedule
in the Township and shall notify the Township office of the days and
times of its collection services. If a regular collection day falls
on a holiday, the collector shall notify all customers and the Township
as to when the collection will be made.
J.
Authorized collectors shall be responsible for the collection of
any fees and charges from their customers
[Amended 7-13-2020 by Ord. No. 2020-01]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not less than $200 nor more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this article. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
Any person causing or allowing the accumulation of municipal
waste or recyclables as aforesaid, shall, upon written notice to do
so, sent by the secretary of the Township Supervisors forthwith remove
any accumulated municipal waste or recyclables. Upon failure to do
so within 30 days from receipt of notice, the Township Supervisors
may remove the same and collect the cost of such removal, together
with penalty of 10% from the person involved as a nuisance and may
collect the same by the filing of a municipal lien as provided by
law.
