[Ord. 92-6, § 1]
The short title of this Part shall be the "Valley Township Recycling
Ordinance" and the same may be cited in that manner.
[Ord. 92-6, § 2]
As used in this Part:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Empty steel or tin food or beverage containers as well as
empty aerosol cans.
[Amended by Ord. No. 2009-01, 2/3/2009]
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Leaf and foliage of trees and shrubs and foliar garden residues,
but not including grass clippings or tree or shrubbery branches.
[Added by Ord. No. 2008-10, 9/16/2008]
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded,
however, are newspapers which have been soiled.
Books, magazines, periodicals, newspapers, junk mail and
shredded paper.
[Added by Ord. No. 2009-01, 2/3/2009]
Owners, lessees and occupants of residences that are serviced
by regular solid waste collection by the Township.
[Amended by Ord. No. 2008-10, 9/16/2008]
Empty plastic containers, including HDPE (high-density polyethylene)
plastics, PET (polyethylene terephthalate) plastics, and plastics
numbered 3 and 5 through 7, provided that any such container to be
recycled shall be clean and with lid(s) removed.
[Amended by Ord. No. 2009-01, 2/3/2009]
The Township of Valley Public Works Department.
[Added by Ord. No. 2008-10, 9/16/2008]
Includes aluminum cans, bimetal containers, ferrous containers,
glass containers, paper products, and plastic containers, provided
that no materials submitted for recycling shall be contaminated with
hazardous materials, body fluids, solid waste(s) and/or trash.
[Amended by Ord. No. 2008-10, 9/16/2008; and by Ord. No. 2009-01, 2/3/2009]
All solid wastes, including garbage, rubbish and solid market
wastes, but not including body wastes.
[Added by Ord. No. 2008-10, 9/16/2008]
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure from which the Township collects
solid waste.
[Amended by Ord. No. 2008-10, 9/16/2008]
All garbage and refuse, specifically excluding recyclable
materials, yard waste and leaf waste, normally placed by a resident
for regular collection by the Township.
[Amended by Ord. No. 2008-10, 9/16/2008]
The collection of solid waste by the Township.
[Added by Ord. No. 2008-10, 9/16/2008]
The Township of Valley, Chester County, Pennsylvania.
[Added by Ord. No. 2008-10, 9/16/2008]
Grass clippings, brush, garden residues, and tree and shrubbery
branches, not including leaf waste.
[Added by Ord. No. 2008-10, 9/16/2008]
[Ord. 92-6, § 3;
as amended by Ord. No. 2008-10, 9/16/2008]
There is hereby established a program for the mandatory separation
of recyclable materials from solid waste by all persons within the
Township of Valley. The Township further establishes a mandatory program
for the separate collection of yard waste from all residences within
the Township for which solid waste collection is provided by the Township.
[Ord. 92-6, § 4;
as amended by Ord. No. 2008-10, 9/16/2008]
1.
Recyclable materials shall be placed at the curb separate from solid
waste for collection at such times and dates as may, from time to
time, be determined by the Board of Supervisors.
2.
The Township further requires and mandates that all yard waste be
separated from other wastes for separate collection in designated
leaf bags and/or bundled and placed at the curbline or edge of the
property for collection by the Township.
[Added by Ord. No. 2008-10, 9/16/2008]
1.
The Board of Supervisors may, from time to time, adopt by resolution
regulations governing compliance with this Part, which may, without
limitation, make provision for the following:
A.
The manner and method of collection, including the days and times
of collection, the appropriate method for the bundling and handling
of yard waste and the location for, and time and placement of, materials
for collection.
B.
The manner of conducting any public information or education program.
C.
The manner of enforcement of this Part, reserving to the said Board
of Supervisors the ability to change, modify, repeal or amend any
part of said rules and regulations by resolution at any time.
[Added by Ord. No. 2008-10, 9/16/2008]
1.
All persons for whom the Township provides solid waste collection
shall separate yard waste from other solid waste, recyclable materials
and leaf waste produced at their residences and shall place the same
for collection by the Township in accordance with regulations adopted
hereunder.
2.
The Township shall collect yard waste from all properties in the
Township from which the Township collects solid waste. The owners
and occupants of such properties are required to separate yard waste
from other waste generated at such properties, including solid waste,
leaf waste and recyclable materials, for collection by the Township.
3.
All separated residential yard waste subject to curbside collection
shall be placed for such collection as follows:
A.
Tree trimmings, hedge clippings, brush and similar material shall
be cut not to exceed three feet and must be tied with biodegradable
twine (e.g., cotton or hemp) in bundles that can easily be handled
by one person, and not weighing more than 40 pounds per bundle.
B.
Grass clippings must be placed in biodegradable bags to a maximum
of 40 pounds per bag. Bags may not contain twigs, branches or other
trash.
C.
Branches thicker than three inches shall not be collected.
D.
The burning of residential yard waste is prohibited.
4.
Separate curbside collection(s) for the collection of natural Christmas
trees shall be as scheduled by the Board of Supervisors.
[Added by Ord. No. 2008-10, 9/16/2008]
1.
All owners or occupants of commercial, institutional and municipal
establishments within Valley Township shall separate, or cause to
be separated, high-grade office paper, aluminum, corrugated paper,
leaf waste, and such other recyclable materials as may be determined,
from time to time, by resolution of the Valley Township Board of Supervisors,
generated at such establishments and/or from community activities,
store the materials until collection by the Township or a licensed
municipal waster collector, and, if collection is made by a licensed
municipal waste collector, annually provide written documentation
and certification to Valley Township on or before January 31 of the
total number of tons of materials, and the types of materials recycled
during the previous year ending December 31. Such persons may comply
with these reporting requirements by having their licensed municipal
waste collector provide this information directly to the Township.
2.
All owners or occupants of commercial, industrial or institutional
establishments who gather yard waste shall separate it, or cause it
to be separated, from solid waste and recyclables and place it for
collection.
3.
The burning of commercial, institutional or municipal yard waste
is prohibited.
[Added by Ord. No. 2008-10, 9/16/2008]
1.
The Township shall collect leaf waste weekly during the month of
November and during the first two weeks of December on a regular schedule
as determined by the Board of Supervisors.
2.
During the leaf collection period, all persons for whom the Township
provides solid waste collection shall place their leaf waste directly
behind the curbline or on the edge of the property where the property
meets the street or highway, in biodegradable bags available for purchase
at the Valley Township Municipal Building.
3.
Persons are responsible for ensuring that hired or contracted gardeners,
landscapers, and other lawn maintenance workers comply with this section.
4.
Leaves may be composted on site as permitted by the Pennsylvania
Department of Environmental Protection.
[Added by Ord. No. 2008-10, 9/16/2008]
1.
Nothing in this Part shall be interpreted as preventing any person
from using yard waste for compost, mulch or agricultural, horticultural,
silvicultural, gardening and/or landscaping purposes.
2.
Nothing in this Part shall be interpreted as preventing a commercial
landscaping business from removing yard waste from properties that
it services for the purpose of composting.
[Added by Ord. No. 2008-10, 9/16/2008]
It shall be unlawful for any person to place yard waste or leaf
waste upon any public street or highway in the Township.
[Ord. 92-6, § 5]
It shall be a violation of this Part for any person(s), unauthorized
by the Township, to collect or pick up or cause to be collected or
picked up any such recyclable material. Each such collection in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. 92-6, § 6]
The Township is authorized and directed to enforce this Part.
The same is hereby authorized and directed to establish and promulgate
reasonable regulations as to the manner, days and times for the collection
of recyclable materials in accordance with the terms hereof, and any
other matters required to implement this Part. The Township may change,
modify, repeal or amend any portion of said rules and regulations
at any time.
[Ord. 92-6, § 7;
as amended by Ord. 96-4, 5/7/1996, § 20; and by Ord. 97-2, 3/18/1997, § 20]
Any person, firm, corporation or other entity that violates any provision of this Part, or any regulation adopted by the Board of Supervisors pursuant thereto, shall be guilty of a summary offense and subject to a fine not to exceed $10 for a first offense, in an amount not to exceed $25 for a second offense and $50 for a third or subsequent offense. These penalties shall not be applicable to § 20-111, the violation of which shall render the person, firm, corporation or other entity guilty of a summary offense and subject to a fine not to exceed $600. In addition to the fines set forth herein, any person, firm, corporation or other entity found, in a civil enforcement proceeding, to have violated any provision or regulation, shall also be liable to the Township in a civil enforcement proceeding, for its (i.e., the Township's) court costs and attorney's fees.
[Ord. 92-6, § 8]
The municipality or its designated agent may enter into (an)
agreement(s) with public or private agencies or firms to authorize
them to collect all or part of the recyclable materials from curbside.
[Ord. 92-6, § 9]
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Township in its recycling regulations.
These materials must either be delivered to the individual's or organization's
site or they may be placed at the curb for collection by said individual
or organization on days not indicated as recyclable material collection
days by the Township. Said individuals or organizations may not collect
recyclable materials on or immediately preceding (within 24 hours)
a regularly scheduled curbside collection day.
[Ord. 86-10, 12/16/1986, § 1; as amended by Ord. No. 11-2022, 12/20/2022]
1.
All garbage, rubbish, and ashes as herein defined shall be collected
and removed by Valley Township or a hauler contracted with by the
Township under the rules and regulations as provided in this part
or as promulgated by the Board of Supervisors from time to time as
set forth herein. The costs and expenses of the collection and removal
of the garbage, rubbish, and ashes shall be paid by the owners of
the property from where the said garbage, rubbish, and ashes are collected
or by the person responsible for the existence of such garbage, rubbish,
or ashes and in accordance with the schedule of fees adopted hereunder.
2.
In any instance where the quantity of garbage, rubbish, or ashes
produced at any one property shall exceed a daily average of 10 cubic
yards in volume or two tons in weight, the property owner or the producer
of such garbage, rubbish, or ashes may be permitted by the Board of
Supervisors, upon proper application, to remove such garbage, rubbish,
or ashes by private means without the payment of fees prescribed for
such removal by the Township. Such permission for private removal
may be rescinded or revoked at any time by the Board of Supervisors
with or without cause and without any liability for any loss or detriment
which may be caused by such revocation. Any private removal permitted
shall at all times be performed in a healthful manner and in full
compliance with all sanitary and health regulations of Valley Township.
[Ord. 86-10, 12/16/1986, § 2; as amended by Ord. No.
2008-09, 6/3/2008; Ord. No. 2017-01, 4/18/2017;
and by Ord. No. 11-2022, 12/20/2022]
As used in this Part, the following terms shall have the meanings
indicated:
All manure and other nonhazardous waste matter normally accumulated
in or about a stable or any animal, livestock or poultry enclosure
as a result of the keeping of animals, poultry or livestock.
Coal ashes, coke ashes, wood ashes and ashes resulting from
other fuels used for heating and cooking purposes. This term does
not include construction debris, dead animals, agricultural waste,
or hazardous waste.
Customary, nonhazardous waste building materials resulting
from construction, alteration, remodeling, repair or demolition operations.
A container designated for the storage of garbage, rubbish
and/or ashes for collection by the Township. The container shall comply
with the requirements of the Township.
All dead animals and parts thereof not intended to be used
as food for human beings.
Any offal or refuse of fish, fruit, vegetables, animal matter
or any other organic substance subject to fermentation or decay, including
matters liquid or solid and house and store sweepings and tin cans
which contain animal or vegetable matter. This term does not include
construction debris, agricultural waste, dead animals or hazardous
waste.
Any chemical, compound, mixture, substance or article designated
by a federal agency, including the United States Environmental Protection
Agency, the Commonwealth of Pennsylvania, Chester County or Township
agency to be "hazardous," "toxic" or "dangerous" as those terms are
defined by or pursuant to federal, state, county or local law.
A single unit providing complete, independent living facilities
for one or more persons involving permanent provisions for living,
sleeping, eating, cooking and sanitation.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as subject of rights and duties.
In any provision of this part prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, the term "person" shall
include the officers and directors of any corporation or any legal
entity having officers, directors, partners or other individual principals.
Paper, rags, excelsior, straw, boxes, old shoes, leather
scrap, rubber scrap, carpets, oilcloth, nonrecyclable glass, nonrecyclable
metal, and waste materials other than those described as "garbage."
This term does not include construction debris, agricultural waste,
dead animals or hazardous waste.
Valley Township, Chester County, Pennsylvania.
[Ord. 86-10, 12/16/1986, § 3; as amended by Ord. 89-7, 12/19/1989; Ord. No.
2017-01, 4/18/2017; and by Ord. No. 11-2022, 12/20/2022]
1.
Every person owning property in the Township or occupying a property
in the Township shall provide, or cause to be provided, and kept at
all times, portable containers for the storage and collection of garbage,
rubbish, and/or ashes fitting either of the following two descriptions:
A.
Containers having a capacity of not more than 32 gallons, nor less
than 10 gallons, of a recognized type of garbage can, provided any
such container shall be watertight with lids and handles, and provided
further no such container, when it is to be picked up for the removal
of garbage, rubbish and/or ashes, shall, with its contents, have a
weight greater than 50 pounds; or
B.
Containers having a capacity of 48 gallons and having a recessed
metal rod so as to allow the contents of the container to be removed
by the use of a cart tipper, provided any such container shall have
a lid and be equipped with wheels so as to facilitate its movement,
and, provided further, under no circumstances shall the Township be
responsible for damage to the container that may be caused by the
cart tipper.
3.
Any accumulation of garbage/rubbish/ashes placed into a container
for collection shall be thoroughly drained by the person producing
or responsible for it and shall be tightly wrapped in sufficient paper
to protect it from scattering or breaking open. The package and contents
thereof shall be placed wholly within the container so that the lid
can be tightly fitted. The container shall be kept in the rear of
the house, building, or establishment until such time as designated
for collection by the Township. No containers shall be placed or kept
upon the alley, street, sidewalk or public place in the front yard
of any property without the prior approval of the Board of Supervisors.
Each property owner or person responsible for garbage, rubbish and
ashes shall provide sufficient containers to hold the garbage/rubbish/ashes
until such time as it is collected by the Township. All containers
containing garbage, rubbish, and/or ashes for collection shall be
placed at the point of collection not prior to 2:00 p.m., prevailing
time, the day prior to collection, and not later than 5:00 a.m., prevailing
time, on the day of collection. Containers shall be returned to their
respective dwellings, building or establishment not later than 7:00
p.m., prevailing time, the day of collection.
[Ord. 86-10, 12/16/1986, § 4; as amended by Ord. 89-7, 12/19/1989; Ord. 99-5, 11/3/1999; and by Ord. No. 11-2022, 12/20/2022]
The haulers for Valley Township shall remove promptly and in
as clean a manner as possible the garbage, rubbish, and ashes from
up to four containers from each property. The collection of garbage,
rubbish, and ashes shall be made from each property in Valley Township
not less than once per week. The owner or occupant of any property
serviced by Valley Township garbage, rubbish, and/or ashes collection
who desires the removal of the contents of more than 128 gallons shall
first make arrangements therefor with the Board of Supervisors, who
shall impose an additional fee for such additional collection. The
fee shall be established, from time to time, by resolution of the
Board of Supervisors, depending upon the frequency of service and
the quantity of material to be removed.
[Ord. 86-10, 12/16/1986, § 5; as amended by Ord. 88-6, 11/15/1988; and by Ord. No. 11-2022, 12/20/2022]
1.
It shall be the duty of every person owning a property where garbage,
rubbish, or ashes is generated and accumulated within the Township
to ensure the sanitary and legal disposal of such materials in accordance
with all Township, county, state, and federal laws, regulations and
ordinances, including but not limited to Act 101, the Chester County
Solid Waste Management Plan, and any future revisions thereto, and
this part.
2.
It shall be unlawful to dump, burn, bury, destroy, process or otherwise
dispose of garbage, rubbish, or ashes within the Township, except
in accordance with this part and the Pennsylvania Department of Environmental
Protection and the Chester County Solid Waste Management Plan, as
may be amended from time to time.
3.
All garbage, rubbish, or ashes produced, collected and transported
from within the jurisdictional limits of the Township shall be disposed
of in a manner and at the facilities designated in the Chester County
Solid Waste Management Plan and any future revisions thereto. Disposal
shall comply with all applicable federal, state, county and Township
laws, regulations, and ordinances.
4.
It shall be unlawful for any person to bring any garbage, rubbish,
or ashes into the Township or to transport garbage, rubbish, or ashes
from one address to another within or outside of the Township for
the purpose of taking advantage of the collection service or to avoid
the cost of collection.
5.
No person shall dump or deposit garbage, rubbish, or ashes on any
public or private property in the Township.
6.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting garbage, rubbish,
or ashes from hauling his own garbage, rubbish, or ashes on an irregular
and unscheduled basis, to a state-permitted disposal facility in accordance
with the regulations of the disposal facility.
7.
All construction debris shall be disposed of as permitted by applicable
Township, state, and federal laws, regulations and ordinances and
shall not be commingled with garbage, rubbish, or ashes. It shall
be the responsibility of the property owner to ensure the disposal
of construction debris in accordance with applicable laws, regulations
and ordinances. Nothing contained herein shall be deemed to prohibit
any person not regularly engaged in the business of collecting garbage,
rubbish, or ashes from hauling his own construction debris to a state-permitted
disposal facility in accordance with the regulations of the disposal
facility.
8.
Nothing contained herein shall prohibit a farmer from carrying out
normal farming operations, including composting or spreading of manure
or other farm-produced agriculture waste, not otherwise prohibited
or regulated for land applications. All such practices must be conducted
in compliance with applicable Township, state, and federal laws, regulations
and ordinances.
9.
All hazardous or residual waste must be disposed of in compliance
with applicable Township, state, and federal laws, regulations, and
ordinances, and shall not be commingled with garbage, rubbish, or
ashes.
10.
The burning of garbage, rubbish, ashes, dead animals, construction
debris, hazardous waste and/or recyclable materials is prohibited.
11.
All persons shall comply with Part 1 regarding the separation and
collection of recyclable materials and leaf waste.
12.
The Board of Supervisors may adopt reasonable rules and regulations
for the purpose of carrying out the intent and purpose of this part
not in conflict with this part. Violations of the same shall be subject
to the same penalties as provided in this part.
[Ord. 86-10, 12/16/1986, § 6; as amended by Ord. No. 11-2022, 12/20/2022]
It shall be unlawful for any person, other than the owner or
an officer or employee of Valley Township or an employee of a person,
firm or corporation holding a contract with Valley Township for the
removal of garbage, rubbish or ashes to:
[1]
Editor's Note: Former § 20-207, Persons Permitted
to Transport Refuse; Fee for Use of Disposal Facilities, Ord. 86-10, 12/16/1986, § 7,
was repealed by Ord. No. 11-2022, 12/20/2022.
[1]
Editor's Note: Former § 20-208, Accumulation at
Hotels and other Large Producers, Ord. 86-10, 12/16/1986, § 8, was repealed
by Ord. No. 11-2022, 12/20/2022.
[Ord. 86-10, 12/16/1986, § 10; as amended by Ord. 89-7, 12/19/1989; by Ord.
96-2, 4/16/1996, § 1; Ord. 99-5, 11/3/1999; and by Ord. No. 11-2022, 12/20/2022]
1.
Every person producing garbage, rubbish or ashes, being responsible
for the disposal or existence of such garbage, rubbish or ashes or
for whom such garbage, rubbish or ashes are removed or being the owner
of any property on which garbage, rubbish or ashes are in existence
or produced and which accumulations require removal shall pay a fee
for disposal as follows:
A.
For residential living units, including but not limited to single-family
houses, duplexes, twins, townhouses, multiplexes and apartments of
three or more units, the fee shall be in an amount established, from
time to time, by resolution of the Board of Supervisors per month
per living unit therein, which sum shall be due and payable upon billing
therefor from the owner of such building. The fee shall be billed
quarterly. Any such bill paid within 15 days of the billing date shall
be entitled to a 5% discount. Any such bill not paid by the 30th day
following the billing date shall be subject to a 10% penalty, which
penalty shall be added to the face amount of the bill.
B.
For all other establishments, the fee for collection shall be in
an amount as established, from time to time, by resolution of the
Board of Supervisors per month, per establishment, depending upon
the frequency of service and the quantity of waste material to be
removed, as the Board of Supervisors shall from time to time determine.
Where a minimum and maximum rate is made herein, in case of a disagreement
as to the rate between the Township and the person for whom the service
is rendered, a right to review shall be vested in the Board and the
said Board shall finally determine any rate contended to be unreasonable.
The fee shall be billed quarterly. Any bill not paid by the 30th day
following the billing date shall be subject to a 10% penalty, which
penalty shall be added to the face amount of the bill.
C.
Where payment is made by mail, if the payment bears a United States
postmark, the date of payment shall be deemed to the be the postmarked
mailing date.
D.
Bills for garbage, refuse and ashes fees and charges shall be paid
by the owner of the property to which the collection services have
been provided or are made available and shall be sent by the Township
to that address, unless and until a different address is specified,
in writing, by the owner of such property with acknowledgement by
the Township of receipt thereof. Failure of the owner to receive a
bill as a result of an incorrect address or otherwise shall not excuse
payment of fees or extend the time for payment thereof. It shall be
incumbent upon all persons receiving these services to provide the
Township with the correct billing address, as well as any changes
thereto.
E.
In the event that all fees for disposal of garbage, rubbish and/or
ashes not paid on or before the 60th day after the date of the bill,
the bill plus the penalty shall bear interest from the due date at
a rate of 10% per month or fraction of a month thereof until paid.
In addition, the Township shall have the right, at its sole discretion,
to terminate collection services for the delinquent property and not
restore the same until all delinquent bills and the cost of terminating
and restoring services have been paid.
F.
All fees for disposal of garbage, rubbish or ashes, together with
all penalties and interest thereon, not paid on or before the end
of six months from the date of each bill shall be deemed to be delinquent.
All delinquent garbage, rubbish or ash bills, and all penalties and
interest thereon, together with the Township's attorney's
fees and costs incurred in connection therewith, shall constitute
a municipal claim and, when filed of record, shall constitute a lien
on the property for which the fee has been imposed. Interest at a
rate of 10% per annum is hereby imposed and shall be collected on
all collection fees and charges from the date of filing of a municipal
lien therefor in the proper public office, as provided in the Pennsylvania
Municipal Claim and Tax Lien Act. In addition, the Township may collect
all unpaid fees, penalties, interest and other authorized costs and
charges together with interest thereon, in any manner and by any proceeding
otherwise provide for by law. The penalties provided for herein shall
be concurrent with all other remedies available to the Township for
collection of fees.
G.
The Township's attorney's fees referenced herein shall
be according to a schedule as established from time to time by resolution
of the Board of Supervisors, which fees the Board of Supervisors determines
to be fair and reasonable for the services being performed.
H.
A vacant property registered with the Township under with the Township's
Vacant Property Registration and Security Ordinance[1] shall not receive garbage, refuse and ashes collection
and therefore will not be charged the collection fee established by
this part, beginning the quarter after which the vacant property is
properly registered with the Township's Code Department until
such time as the property no longer qualifies a vacant property under
the Township's Vacant Property Registration and Security Ordinance
and/or the property owner fails to complete the annual registration
and pay the annual fee for the vacant property. However, the vacant
property owner shall not be relieved of responsibility for any prior
unpaid fee, penalty, interest, costs, charges, claims or liens incurred
prior to the quarter after which the vacant property is registered
with the Township's Code Department.
[1]
Editor's Note: Former § 20-210, Additional Rules
and Regulations Authorized, Ord. 86-10, 12/16/1986, § 11, was repealed by Ord. No. 11-2022, 12/20/2022.
[1]
Editor's Note: Former § 20-211, Printing of Rules
and Regulations, Ord. 86-10, 12/16/1986, § 12, was repealed by Ord. No. 11-2022, 12/20/2022.
[Ord. 1986-10, 12/16/1986, § 13; as amended by Ord. 96-4, 5/7/1996, § 20; by Ord. 97-2, 3/18/1997, § 20; Ord. 99-7, 11/3/1999, § 15; and by Ord. No. 11-2022, 12/20/2022]
No person shall obstruct, delay or interfere with the haulers
while in the performance of their duties. No person shall violate
any of the provisions of this part or any rule or regulation promulgated
under this part.
[1]
Editor's Note: Former § 20-213, Unlawful Deposit
of Refuse, Ord. 86-10, 12/16/1986, § 14, as amended, was repealed by Ord. No. 11-2022, 12/20/2022.
[Ord. 1986-10, 12/16/1986, § 15; as amended by Ord. 96-4, 5/7/1996, § 20; by Ord. 97-2, 3/18/1997, § 20; Ord. 99-7, 11/3/1999, § 16; and by Ord. No. 11-2022, 12/20/2022]
1.
Unlawful Conduct, Public Nuisance. It shall be unlawful and a public
nuisance for any person to violate, cause or to assist in the violation
of any provision of this part or to violate, cause or to assist in
the violation of any rule or regulation adopted by the Board of Supervisors
pursuant to this part.
2.
Penalties. Any person who violates any provision of this part or
rules and regulations adopted hereunder, upon conviction thereof in
an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $50 nor more than $1,000 plus costs including reasonable
attorneys fees and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this part or a rule or regulation adopted hereunder continues or
each section of this part or rule or regulation adopted hereinunder
which shall be found to have been violated shall constitute a separate
offense.
3.
Injunction. In addition to any other remedy provided in this part
or by law. Valley Township may institute a suit in equity where unlawful
conduct or a public nuisance exists as defined in this part for an
injunction to restrain a violation of this part or any rules, regulations
or resolutions adopted by the Board of Supervisors pursuant to this
part.
4.
Concurrent Remedies. The penalties and remedies prescribed by this
part shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township from exercising any other remedy
provided by this part or provided otherwise by law or equity.
5.
Enforcement. The Board of Supervisors shall designate an individual
to implement and maintain an ongoing enforcement program to ensure
compliance with the requirements of this part and any rules or regulations
promulgated hereinunder. The designated individual shall periodically
monitor participation, receive and resolve complaints, issue warnings
and, when necessary, otherwise act to enforce compliance with the
requirements of this part and any rules or regulations adopted thereunder.
