[Adopted 11-29-2005 by Ord. No. 05-12]
The purpose of this article is to establish
a yard waste collection and disposal program in the Borough of Alpha,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with storm water.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county, or municipal roadway
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
Leaves and grass clippings.
Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is not allowed. Placement of such yard waste at the curb or along
the street at any time or in any other manner is a violation of this
article. If such placement of yard waste occurs, the party responsible
for placement of the yard waste must remove the yard waste from the
street or said party shall be deemed in violation of this article.
The provisions of this article shall be enforced
by the Department of Public Works and the Zoning Officer of the Borough.
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than the maximum amount allowed
by law, imprisonment for a term not to exceed 90 days or a period
of community service not to exceed 90 days, or any combination thereof,
in the discretion of the Judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
Each section, subsection, sentence, clause and
phrase of this article is declared to be independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this article to be unconstitutional, void or ineffective
for any cause or reason shall not affect any other portion of this
article.
