Township of Palmer, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Palmer as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Burning — See Ch. 109, § 109-3B.
Littering — See Ch. 109, § 109-3D and G.
Vehicles used to transport garbage — See Ch. 109, § 109-3I.
Property maintenance — See Ch. 128.
Solid waste — See Ch. 156.
[Adopted 5-15-1967 by Ord. No. 85]

§ 138-1 Short title.

This ordinance shall be known as the "Palmer Township Refuse Disposal Ordinance."

§ 138-2 Definitions.

A. 
Definitions. As used in this ordinance, the following terms shall have the meanings indicated:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
DISPOSAL
The storage, collection, disposal or handling of refuse.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE
All solid wastes, except body wastes, including "garbage," "ashes" and nonputrescible solid wastes, recyclables, and hazardous waste.
[Amended 10-8-2012 by Ord. No. 2012-415[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of the definition of "rubbish," which immediately followed this definition.
B. 
Word usage. The singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 138-3 Storage practices.

A. 
Preparation of refuse.
(1) 
All refuse shall be drained free of liquids before disposal.
(2) 
Garbage shall be wrapped in paper or similar material.
(3) 
All cans, bottles or other food containers shall be rinsed free of food particles and drained before disposal.
(4) 
Rubbish shall be:
(a) 
Placed in approved containers; or
(b) 
Cut and bailed, tied, bundled, stacked or packaged so as not to exceed 36 inches in length and 75 pounds in weight.
B. 
Refuse containers.
(1) 
Refuse containers shall be made of durable, watertight, rust-resistant material, having a close-fitting lid and handles to facilitate collection.
(2) 
Refuse containers for residences shall be of not less than 10 gallons nor more than 32 gallons in capacity.
(3) 
It shall be unlawful to permit the accumulation of residue of liquids, solids or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
C. 
Storage of refuse.
(1) 
Each householder, commercial establishment or person having refuse shall provide himself with approved refuse containers and shall place and keep all refuse therein, except as provided in § 138-3A(4)(b) of this ordinance relating to handling of rubbish.
(2) 
It shall be unlawful to place refuse in any street, alley, stream, body of water or any other public place, or upon private property, whether owned or not, unless such refuse is placed in an approved container, except that rubbish may be stored as provided in § 138-3A(4)(b) of this ordinance.
(3) 
Except for days on which refuse is being collected, all refuse containers must be kept to the rear of all premises.

§ 138-4 Collection practices.

A. 
Place of collection.
(1) 
Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector. They shall be placed in the area from which collection is to be made.
(2) 
Notwithstanding provisions of § 138-4A(1) of this ordinance, householders may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
B. 
Frequency of collection.
(1) 
Refuse shall be collected once weekly, except that during the months of May, June, July, August and September, the Board of Supervisors of Palmer Township may require collection twice weekly.
(2) 
Hotels, restaurants, institutions and commercial establishments may be required to have more frequent collection if determined by the Board of Supervisors of said Township to be essential to protect the public health.
C. 
Licensing of collectors.
(1) 
No person shall collect, remove, haul or convey any refuse through or upon any of the streets or alleys of the said Township of Palmer, or dispose of the same in any manner or place, without obtaining a license from said Township through the Township Secretary.
(2) 
The fee for such license shall be $25 per annum, and all licenses shall be issued for the calendar year.
(3) 
Every person who shall apply for a license under this section shall state the type or types of refuse to be collected and the place and method of disposal.
(4) 
No license shall be granted if the place and method of disposal shall not conform to the requirements of this ordinance or to the ordinance of any municipal or quasi-municipal corporation wherein disposal of refuse is to be made.
(5) 
No licensed collector shall make any change in the arrangements for disposal of refuse collection by him without first receiving approval from said Township through the Township Secretary.
(6) 
It shall be unlawful to permit an unlicensed collector to collect or remove refuse from a household, institution or commercial enterprise.
D. 
Collection vehicles.
(1) 
All vehicles used for collection of garbage shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space.
(2) 
It shall be unlawful to collect, haul, transport or convey garbage in open, unenclosed vehicles.

§ 138-5 Disposal of refuse.

[Amended 10-8-2012 by Ord. No. 2012-415]
It shall be unlawful to dump, burn, bury, destroy, or otherwise dispose of refuse within the jurisdictional limits of the said Township of Palmer except at a Township-approved refuse disposal site. It shall be unlawful to dump, burn, bury, destroy, or otherwise dispose of materials designated for recycling pursuant to the Act of July 28, 1988 (P.L. 556, No. 101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," except as prescribed by Palmer Township's Municipal Recycling Program.

§ 138-6 Violations and penalties.

[Amended 10-25-1988 by Ord. No. 227]
A. 
Any person or persons charged with the violation of any of the provisions of this ordinance, upon conviction thereof before a Justice of the Peace of the said Township of Palmer, shall pay a fine not to exceed $600 and, in default thereof, be committed to the Northampton County Prison for a period not exceeding 30 days.
B. 
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
C. 
For collection of fines and penalties, see § 1-16E of Chapter 1, General Provisions.

§ 138-7 Severability.

The provisions of this ordinance are severable; and if any part hereof shall be held to be unconstitutional or otherwise invalid by any court, such decision shall not affect or impair any of the remaining provisions of the ordinance. It is declared to be the intent of the Board of Supervisors that this ordinance would have been adopted even if such invalid provision had not been included herein.

§ 138-8 When effective.

This ordinance shall become effective 30 days after enactment hereof.
[Adopted 8-23-1983 as Ord. No. 201]

§ 138-9 Designation of site.

The disposal site is herein identified as that located at the South 25th Street Quarry, Palmer Township, Northampton County, Pennsylvania.

§ 138-10 Use limited to township.

Use of the disposal site is limited to Palmer Township residents and Palmer Township businesses. Written proof of residency is required in this regard.

§ 138-11 Materials permitted for disposal.

Use of the disposal site is limited to tree branches, leaves, grass and hedge and bush clippings removed by Palmer Township residents and businesses from their property. Building supplies, hazardous liquids or materials, white goods, junk and garbage are not permitted.

§ 138-12 Prohibited uses.

No use of the disposal site is permitted for people engaged in the business of tree trimming, landscaping, grass cutting or hedge or bush cutting businesses and/or building contractors.

§ 138-13 Hours of operation; provisions for other times and purposes.

A. 
The disposal site will be available for use commencing March 15 of each year and ending November 15 of each year, Monday through Friday from 10:00 a.m. to 8:00 p.m. and on Saturday and Sunday from 8:00 a.m. to 8:00 p.m.
B. 
The use of the disposal site at any time or for any purpose other than those set forth above shall be authorized only by the Board of Supervisors.

§ 138-14 Request for use of site.

A. 
Use of the disposal site shall be requested from the police dispatcher at the Palmer Township Municipal Building. Individuals requesting use of the disposal site shall pay a fee of $1 per load to the dispatcher. The dispatcher will deposit the fee so received in the security filing cabinet of the Police Department. The Custodian of Records will tabulate the money, turn the money over to the Township Cashier and receive a receipt therefor.
B. 
Entrance to the disposal site will be equipped with a swing gate to be locked and unlocked by Township police officers, who will accompany the Township resident requesting use to the site after being notified by the police dispatcher. If members of the Police Department are occupied performing regular police work, residents requesting use of the disposal site must wait until an officer is available.

§ 138-15 Record of use to be kept.

A record of those individuals given permission to use the disposal site will be maintained by the Police Department.

§ 138-16 Violations and penalties.

A. 
Any person found guilty of violation of the provisions of this ordinance shall be charged with a summary offense and shall be subject to a fine as follows: for the first offense, $100; for the second offense, $200; and for the third and each succeeding offense, $300 each.
B. 
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
[Added 10-25-1988 by Ord. No. 227]
C. 
For collection of fines and penalties, see § 1-16E of Chapter 1, General Provisions.
[Added 10-25-1988 by Ord. No. 227]

§ 138-17 When effective.

This ordinance shall become effective five days after adoption.

§ 138-18 Repealer.

All ordinances or parts of ordinances, insofar as they are inconsistent herewith, are hereby repealed absolutely.