[HISTORY: Adopted by the Board of Supervisors
of the Township of Bern 5-5-2009 by Ord. No. 256-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: The ordinance also repealed
former Ch. 143, Municipal Solid Waste, adopted 12-10-2007 by Ord.
No 239-2007.
The short title of this chapter shall be the "Bern Township
Municipal Solid Waste Ordinance," and the same may be cited in that
manner.
The following words and phrases throughout this chapter shall
have the following meanings:
The Municipal Waste Planning, Recycling and Waste Production
Act of 1988, 53 P.S. § 4000.101 et seq.
All disposable containers made and fabricated primarily of
aluminum and most commonly used to contain soda, beer and other beverages.
The residue generated from the burning of wood or coal in
dwellings, hotels, stores and churches.
Food and beverage containers which will adhere to magnets
(containers made of iron, steel or a metal alloy).
An establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fans, bazaars, socials,
picnics, shows and organized sporting events attended by 200 or more
individuals per day.
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Those materials specified by Bern Township to be recycled after public notice, and as listed in §§ 143-12A(5) and 143-13B of this chapter.
Empty steel or tin coated food or beverage containers.
Spoiled or waste food that is thrown away, generally defined
as "wet food waste."
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter or liquid, and all other material commonly
known as "glass," specifically including green glass, brown glass
and clear glass and specifically excluding blue glass, black glass,
plate glass, light bulbs, noncontainer glass, porcelain and ceramic.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments, whether in whole or shredded
form.
An establishment engaged in service, including but not limited
to hospitals, schools, nursing homes, day-care centers and prisons.
Include, but are not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Any properties having two or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or 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 not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include some-separated recyclable materials.
The area of the Township serviced by curbside collection
of municipal solid waste contracted by Bern Township for residents
paying a fee in connection therewith.
Paper of the type 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
are newspapers which have been soiled.
The entity or entities licensed pursuant to Pennsylvania
Act 90[2] and/or permitted by the Township to collect municipal
solid waste and/or recyclable materials from residences within the
Garbage Collection District and Recycling Collection District, or
authorized by residents, commercial, municipal and institutional establishments
that do not receive collection services from the Township to collect
municipal solid waste and/or recyclable materials from those properties.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Those materials specified by Bern Township for separation,
collection, processing, recovery or reuse as part of a recycling program.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste 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.
The area of the Township serviced by curbside collection
of recyclable materials by Bern Township for residents paying a fee
in connection therewith.
Any occupied single-family dwelling for which the Township
provides municipal waste collection service.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
The ongoing effort of Bern Township to inform the general
public concerning the requirements of this chapter.
The Township of Bern.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
No person shall dispose of municipal solid waste in the Township,
except in accordance with this chapter. It shall be the responsibility
of the property owner to make sure that the disposing of all municipal
solid waste from his/her or its property is done so in accordance
with the regulations in this chapter.
A.
Every occupant or owner of a dwelling or dwelling unit shall dispose
of all his/her municipal solid waste in a clean and sanitary manner
by placing it in the containers requited by this chapter.
B.
Garbage shall be drained free of liquids and wrapped securely in
paper and shall be placed for collection, mixed with the municipal
solid waste in waterproof covered containers. Such containers shall
be kept clean and disinfected. The Township may refuse to collect
undrained garbage of a liquid or semi liquid nature, unwrapped or
improperly contained.
C.
Municipal solid waste shall be stored and placed out for collection
in waterproof metal or plastic containers which shall not exceed a
capacity of 35 gallons. All containers shall be provided with tight-fitting
lids which are windproof; ratproof and flyproof. The lid shall not,
however, be roped, chained or permanently affixed to the container
unless hinged by the factory. All containers must contain the street
address of the owner in clear, legible and conspicuous writing on
the outside of the container.
D.
Paper, including cardboard and material of like nature, shall be
separated from the municipal solid waste and must be securely tied
or bailed together with suitable cord or placed in a combustible bag
or box, which box or receptacle shall be collected and recycled, with
the paper as recyclable material.
E.
Leaf waste shall be separated from the municipal solid waste and
must be placed in biodegradable recyclable collection bags or bundled
together, or transported to a designated dropoff area, for recycling
collection .
F.
No municipal waste container, including the contents thereof; shall
exceed 75 pounds.
G.
No live coals or fire shall be placed in any container or placed
out for collection.
H.
No infectious or diseased-beating waste, inflammables or explosives,
or human feces shall be placed in any container or placed out for
collection.
I.
No chemicals, oils, pesticides, herbicides or hazardous waste, as
these terms are defined by the Department of Environmental Protection
or the Environmental Protection Agency, shall be placed out for collection.
J.
It shall be unlawful to burn, whether open or contained, any municipal
solid waste, recyclable materials and leaf waste as defined in this
chapter, unless the property owner or resident has been granted a
burn permit from the Township.
K.
No deposit of ashes or other municipal solid waste shall be made
in any street, lane, alley or upon any open space or ground or in
any creek within the limits of the Township.
L.
Private permitted collectors and Township contractors shall collect
regulated municipal waste and designated recyclable materials spilled
or scattered around containers and recycling containers placed curbside
for collection and shall collect any such regulated municipal waste
and/or designated recyclable materials which spill from the permitted
collector's or contractor's vehicle during collection, compaction,
transportation or otherwise.
A.
Municipal solid waste shall be collected from each qualified unit
at least once a week, as specified by the Township.
B.
All properties within the Municipal Solid Waste Collection District
shall be required to receive municipal solid waste collection once
each week by the Township or its authorized agent. Those properties
which require more than the equivalent of six thirty-five-gallon cans
for the disposal of municipal solid waste will be required to employ
a private collector. When it is determined by the Codes Officer, or
the designated officer, for the Township that the amount of municipal
solid waste set out for public collection exceeds this amount on regular
basis, the Director of Code Inspection, or the designated officer,
shall notify the property owner that the Township will cease further
collections for the concerned property and that the property owner
will be required to make arrangements to have a private permitted
collector assume such collections.
C.
Persons required to avail themselves of the use of private permitted
collectors shall have at least one collection a week or more often
as necessary to protect the public health and safety, with more frequent
collections if, in the opinion of the Code Officer, or the designated
officer, of the Township or the Fire Chief, the public health and
safety so require it. The Township will not collect any municipal
solid waste from properties which are required to employ a private
permitted collector.
D.
Municipal solid waste shall be collected from the curb on the days
specified by Township regulations. Containers shall be set out no
later than 5:00 a.m. on the day of collection and not earlier than
6:00 p.m. of the day preceding collection. Empty containers shall
be taken inside the property lines not later than 12:00 midnight of
collection day.
[Amended 6-7-2022 by Ord. No. 337-2022]
E.
The vehicles of those collectors who have contracted with the Township
to remove municipal solid waste from certain residences will not enter
private property for the purpose of collecting municipal solid waste
without a legal release from damages signed by the owner of such property.
Releases will be obtained if, in the opinion of the Director of Code
Services, or the designated officer, for the Township, it is advantageous
to the Township to have Township-contracted vehicles enter such property.
Property and accesses thereto must be large enough so as not to impede
or delay the movements of the Township-contracted vehicles. The contactor
shall operate his vehicles within the Township so as to cause the
least possible noise or disruption to traffic flow on Township streets.
F.
Collections which fall on legal holidays will be collected on the
following day or as advertised by the Township.
G.
Designated recyclable materials shall be collected from each qualified
unit at least once a month, as specified by the Township.
Any person owning or occupying any building, lot or premises
shall not allow any municipal solid waste or abandoned vehicles to
collect or remain upon said property; provided, however, that this
prohibition shall not be construed as interfering with construction
under a valid permit during the course of construction and within
a reasonable time thereafter or the piling of wood neatly for fireplace
or kitchen use. No municipal solid waste or abandoned vehicles shall
be permitted to accumulate on the ground nor be deposited on highways,
streets, alleys, sidewalks, vacant lots or public grounds nor be thrown
into a stream or other body of water.
A.
Persons who utilize private permitted collectors or who are not eligible
to have their municipal solid waste collected by the Township under
the terms of this chapter shall have their municipal solid waste collected
at least once a week or more frequently when it is determined by the
Township that such additional collections are necessary to protect
the public health, safety and welfare. The Township will not collect
any municipal solid waste from any person who utilizes or shall be
required to utilize a private permitted collector under the terms
of this chapter.
B.
All dumpsters serviced by private permitted collectors for the collection
of municipal solid waste as required by this chapter shall comply
with the regulations set forth herein and shall be located on private
property and shall be in areas enclosed by fencing and screening to
a height at least one foot higher than the dumpsters. The screening
shall be constructed of metal, wood or such other material as to completely
hide the dumpsters from view and shall be further constructed to minimize
access to the dumpsters by animals. The fencing and screening shall
at all times be maintained in good repair.
C.
The fencing and screening of dumpsters as required by Subsection B hereof shall be completed in accordance with Subsection B within 90 days of the effective date hereof. Persons who are unable to comply with the screening and fencing requirements may file a written request for an exception thereto with the Codes Officer of the Township. A hearing on the requested exception shall be held at the next regularly scheduled meeting of the Board of Supervisors unless such meeting is less than 10 days from the filing of the written request, whereupon the hearing will be held at the second regularly scheduled meeting of the Board of Supervisors. At the conclusion of such hearing, the Board of Supervisors shall, within 45 days of such hearing, render a decision granting, conditionally granting or denying the requested exception. The person seeking the requested exception shall bear the burden of demonstrating inability to comply with the requirements of this chapter.
D.
Collection days and times.
[Amended 6-4-2013 by Ord. No. 286-2013; 6-7-2022 by Ord. No. 337-2022]
(1)
Private permitted collectors shall be permitted to collect, remove
and transport municipal solid waste within the Township on all days
of the week except Sunday and the following holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day.
(2)
Unless otherwise authorized by the Code Officer, or the designated
officer, for the Township, the collection of municipal solid waste
or recyclable materials shall not commence before 5:00 a.m. and shall
not continue after 6:00 p.m. local time.
E.
The private permitted collector shall operate his or her vehicle
within the Township so as to cause the least possible noise or disruption
to traffic flow on Township streets.
F.
Private permitted collectors operating within the Township must offer to all residential, commercial, institutional, municipal establishments and community activity customers the pickup of designated recyclable materials as described in §§ 143-12A(5) and 143-13B of this chapter. Private permitted collectors are to provide containers to residential customers for the above-listed recyclable materials and must deliver the recyclables to a recycling facility or to a recycling facility's agent.
G.
No later than January 30 of each calendar year, private permitted
collectors shall provide a total report of the weights of the recyclable
materials collected to the Township for the prior calendar year.
A.
Generally, no person other than a permitted collector shall collect
or transport regulated municipal solid waste or designated recyclable
materials within the jurisdiction of Bern Township.
B.
In order for a person to be a permitted collector, such person must
possess all permits and licenses required by Bern Township for the
collection, storage or disposal of municipal solid waste and recyclable
materials. Additionally, such person must follow the procedures set
forth herein for submitting applications to Bern Township and comply
with the terms hereof:
C.
Permitted collector applications.
(1)
On or before January 30, 2008, and on or before December 1 of each
year thereafter, any person desiring to be a permitted collector for
the calendar year beginning January 1 of the year commencing thereafter
shall submit to the municipality an application on the form provided
from time to time by the Code Officer, or designated officer, for
the Township. In addition to such application, such person shall submit
to Bern Township the insurance information set forth on the permit
application, proof of Act 90 registration (if applicable) for the
upcoming calendar year and a new and/or updated listing of all residential
units, multifamily units and nonresidential units being served by
such person. The list should be addressed alphabetically by street
name, including a designation of the type of each unit (i.e., residential,
multifamily, institutional or commercial), and the designated service
day, and be clearly legible.
(2)
All private permitted collectors must update the listing of units
served submitted with their application within two days of any person
discontinuing service or such service being discontinued by the private
permitted collector and by the last day of the month in which any
unit addition occurs.
(3)
All private permitted collectors, in addition to providing a total yearly report of the weights of the recyclable materials collected as noted in § 143-7G, must submit quarterly manifest reports to Bern Township for the weights of recyclable materials collected for such previous quarter. Quarterly manifest reports shall be due by April 15 for the first quarter, July 15 for the second quarter, October 15 for the third quarter and January 15 for the fourth quarter. Manifests shall contain material collected, residential and commercial properties serviced, hauler name and the facility at which the materials were delivered.
D.
Unlawful activities. It shall be unlawful for any private permitted
collector to do any of the following:
(1)
Fail to comply with this chapter, any local law, state law or federal
law regarding the collection, transportation and disposal of municipal
solid waste or recyclable materials;
(2)
Provide any intentionally misleading or inaccurate information to
the municipality in conjunction with any private permitted collector
application, list or other report required to be provided to the municipality
hereunder.
E.
Automatic termination of private permitted collector status. Upon
any of the following occurring, the private permitted collector shall
lose its registration to operate in Bern Township for one calendar
year from the date of conviction or suspension, unless otherwise specified
below:
(1)
Conviction of any offense under this chapter or the codes of the
Township of Bern for fraud in conjunction with becoming a private
permitted collector, failure to submit an application to the municipality
to be a private permitted collector, in which case such person or
entity shall be prohibited from serving as a private permitted collector
in the Township of Bern for a period of one year from the date of
such offense, at which time the collector may resubmit a complete
application for re-registering according to this chapter.
(2)
Suspension or revocation of any license held by the private permitted
collector for the collection, transportation or storage of municipal
solid waste or recyclable materials by the State of Pennsylvania;
it being understood, however, that upon reinstatement or re-issuance
of that license by the State of Pennsylvania, the person or entity
shall be reinstated as a private permitted collector within the Township
of Bern, assuming such person has complied with all the terms and
conditions hereinabove set forth.
(3)
Upon two convictions of any other violation of Bern Township's Ordinances
and/or this chapter regarding the collection, transportation and disposal
of municipal solid waste and/or recyclable materials, within a one-year
time period, in which case such person or entity shall be prohibited
from serving as a private permitted collector in the Township of Bern
for a period of one year from the date of the second conviction, at
which time the collector may resubmit a complete application for re-registering
according to this chapter.
It shall be unlawful for any person not authorized to do so
to remove the lid from any municipal solid waste or recycling container
or to collect, molest or scatter such materials set out for collection.
The use of private collectors will not relieve any person from
compliance with this chapter.
The Township hereby establishes a recycling program for the
mandatory separation and collection of recyclable materials by persons
and the separation, collection and composting of leaf waste from all
residences and all commercial, municipal and institutional establishments
located in the Township or any other collector. Collection of the
recyclable materials shall be made at least once per month by the
Township, its designated agent or any other private permitted collectors
operating in the Township and authorized to collect recyclable materials
from residences and from commercial, municipal and institutional establishments.
The recycling program shall also contain a sustained public information
and education program.
A.
All persons who are residents of the Township shall separate all of those recyclable materials, as noted in §§ 143-12A(5) and 143-13B of this chapter, designated by the Township from all other municipal solid waste produced at their homes, apartments and other residential establishments, store such materials for collection and place same for collection in accordance with the guidelines established hereunder.
(1)
Persons in residences must separate recyclable materials from other municipal solid waste. Except as provided in §§ 143-14 and 143-15, all recyclable materials within the Municipal Solid Waste Collection District and the Recycling District shall be placed at the curbside in containers provided to residences for collection. Containers provided to residences for collection of recyclable materials shall be the property of the Township and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Township shall turn the allocated container over to the new property owner or shall pay the replacement cost of said container. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any persons other then the person allocated such container shall be a violation of this chapter.
(2)
Persons not served by the Garbage Collection District or the Recycling
District shall separate recyclable materials from other refuse. An
owner, landlord or agent of an owner or landlord of such residence
shall comply with its recycling responsibilities by establishing collection
of the recyclable materials at least once per month by a permitted
collector operating in the Township and authorized to collect recyclable
materials from residences.
(3)
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing or condominium property not within the Municipal Solid
Waste Collection District with two or more units may comply with its
recycling responsibilities by establishing a collection system at
each property. The collection system must include suitable containers
for the collection and sorting of the recyclable materials, easily
accessible locations for the containers and written instructions to
the occupants concerning the use and availability of the collection
system. Owners, landlords and agents of owners or landlords who comply
with this chapter shall not be liable for noncompliance of occupants
of their building,
(4)
If recyclable materials are collected by a permitted collector other than the Township or its authorized agent, said permitted collector shall submit an annual written report and quarterly reports, on a form provided by the Township, to the Township Manager, of the tonnage of materials collected, as noted in §§ 143-7G and 143-8C(3).
(5)
Designated recyclable material for Municipal Solid Waste Collection
District residences and all residences not within said district shall
consist of the following materials:
(a)
Newsprint.
(b)
Cardboard.
(c)
Corrugated boxes.
(d)
Magazines.
(e)
Office paper.
(f)
Junk mail.
(g)
Paperback books.
(h)
Phonebooks.
(i)
Gift wrapping and boxes.
(j)
Bimetal cans.
(k)
Ferrous containers or tin cans.
(l)
Aluminum cans.
(m)
Clear glass.
(n)
Brown glass.
(o)
Green glass.
(p)
Nos. 1 through 7 plastic bottles and containers.
(6)
All recyclable materials for residential collection shall be prepared
for collection in accordance with the following:
(a)
All newspaper, cardboard, corrugated boxes, magazines, office
paper, junk mail, paperback books, phonebooks, gift wrapping and boxes
shall be placed in a paper bag or tied in bundles not exceeding 35
pounds in weight nor exceeding one foot in thickness.
(b)
Glass and plastic containers shall have caps and lids removed.
(c)
Glass, plastic and cans shall be placed in a commingled container.
(d)
Materials must be placed at the roadside no later than 5:00
a.m. in the Municipal Solid Waste Collection District on the date
scheduled for collection. The bundled newspapers and commingled material
shall be placed at the curbside for collection adjacent to one another.
[Amended 6-7-2022 by Ord. No. 337-2022]
(e)
Leaf waste, including leaves only, shall be separated from the
municipal solid waste and must be placed in biodegradable recyclable
collection bags for recycling collection by the Township or its designated
collector.
(f)
Leaf waste, including garden residues, shrubbery and tree trimmings,
and similar material, but not including grass clippings, shall be
separated from the municipal solid waste and must be securely tied
or bailed together with suitable cord for curbside collection by the
Township, or its designated collector, or shall be transported by
the property owner to a designated Township dropoff area.
B.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection by the Township, or its designated collector, at the dates
and times set forth by the Township, unless those persons have otherwise
provided for composting of leaf waste, including the transporting
to a Township-designated dropoff area.
C.
Only material generated within the borders of Bern Township may be
placed at the designated dropoff area. Commercial businesses of any
type shall not deposit yard waste at the designated drop-off area.
Tree limbs, large shrubbery and large bushes shall not be deposited
at the dropoff area unless cut into lengths not exceeding six feet.
D.
Occupants of residential units may compost leaf and yard wastes which
are generated at said residential unit according to the following
guidelines:
(1)
Backyard composting must be done in strict compliance with accepted
standards and guidelines of the Penn State Cooperative Extension Service
or DEP.
(2)
Composting must be done with an enclosed structure that controls
access to animals and vectors.
(3)
Only yard wastes or other vegetative matter may be composted. No
meat or putrescible waste may be composted.
(4)
Compost must be turned and mixed on a regular basis to prevent odors
and attraction of vectors and to ensure degradation of materials being
composted.
(5)
Backyard composters must be placed in the rear yard area of the property
no closer than 10 feet from the side lot line and 10 feet from the
rear lot line.
A.
All persons within the Township who are not residents and who are
not served by curbside collection in the Municipal Solid Waste Collection
District or the Recycling District as set forth by this chapter shall
source separate and arrange for the collection for recycling of all
designated recyclables within 60 days of the date upon which the Township
publishes notice in the newspaper of general circulation within the
Township. This shall include the collection of recyclable materials
at community activities within the Township of Bern.
[Amended 6-4-2013 by Ord. No. 286-2013]
B.
Designated recyclables for the mandatory commercial and institutional
source separation program shall consist of the following materials:
(1)
Newsprint.
(2)
Nos. 1 through 7 in plastic bottles and containers.
(3)
Bimetal cans.
(4)
Ferrous containers or tin cans.
(5)
Aluminum cans.
(6)
Clear glass.
(7)
Brown glass.
(8)
Green glass.
(9)
Cardboard.
(10)
Corrugated boxes.
(11)
Magazines.
(12)
Junk mail.
(13)
Paperback books.
(14)
Phonebooks.
(15)
Gift wrapping and boxes.
(16)
High-grade office paper.
(17)
Lead acid batteries.
C.
Other recyclable materials may be designated by the Township 30 days
after said designation and publication of notice in a newspaper of
general circulation within the Township.
D.
The arrangement for collection of designated recyclable materials
for disposition hereunder shall be the responsibility of the person
who generates recyclables or the person contractually obligated to
the generator to arrange for collection and disposal of its designated
recyclable materials. Said arrangements may include, without limitation,
direct marketing of recyclables, delivery to a dropoff, contracts
with permitted collectors for separate collection of any or all designated
recyclables, contracts with other persons for separate collection
of any or all designated recyclables or direct delivery to the designated
sites
E.
Reporting requirements. For the purpose of reporting as required by the Commonwealth of Pennsylvania, all commercial and institutional establishments must report amounts and types of recyclables to the Township, on a form provided by the Township for such purposes, quarterly and annually as noted in §§ 143-7G and 143-8C(3).
All recyclable materials placed by persons for collection by
the Township or authorized collector pursuant to this chapter shall,
from time of placement at the curb, become the property of the Township.
Nothing contained in this chapter shall be deemed to impair the ownership
of separated recyclable materials by persons unless and until such
materials are placed at the curbside for collection.
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not.
Disposal by persons of recyclable materials with municipal solid
waste is prohibited and shall be a violation of this chapter. The
collected recyclable materials shall be taken to a recycling facility.
Disposal by collectors or operators of recycling facilities of source-separated
recyclable materials in landfills or by burning in incinerators is
prohibited, unless a prior exemption is obtained, in writing, from
the Township prior to the incineration or landfilling thereof.
The Township or, at the direction of the Township, the designated
contractor collecting municipal solid waste generated within the Township
may refuse to collect municipal solid waste from any person who has
clearly failed to source separate recyclable materials designated
under an applicable section of this chapter.
A.
Nothing contained in this chapter shall be construed to interfere
with or in any way modify the provisions of any existing contact which
is consistent with the laws of the Commonwealth of Pennsylvania and
in force in the Township on the effective date of this chapter,
B.
No renewal of any existing contract upon the expiration of the original
terms thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this chapter, unless such renewal
or such contract shall conform to the requirements of this chapter.
A.
General. Citations and other enforcement actions concerning this
chapter may be taken and/or issued by the Township's Code Enforcement
Officer, Township Manager or police officers of Bern Township for
violations by property owners, tenants or collectors.
B.
Summary offense. Whoever violates any provision of this chapter shall,
upon conviction, be guilty of a summary offense and be fined not less
than $300 and not more than $1,000 and the cost of prosecution. Each
day's violation of any provision of this chapter shall constitute
a separate offense. In default of the payment of such fine and cost,
the person shall undergo imprisonment for a period of not more than
30 days.
C.
Ticketing option.
(1)
Township officials, as set forth above, vested with authority to
issue citations, may, in lieu of filing summary citations with the
appropriate District Magistrate, may instead issue local municipal
tickets as set forth below:
(2)
The above schedule shall be enforced on a calendar year basis.
(3)
In the event that the alleged violator does not pay the local municipal
tickets so noted above within 10 calendar days from its issuance date,
Township officials may proceed with the filing of a summary citation.
