[Ord. 73-60, 3/21/1960, § 1]
This Part shall be known and may be cited as the "Municipal
Refuse Collection Service Ordinance of East Pennsboro Township."
[Ord. 73-60, 3/21/1960, § 2; as amended by Ord.
473-88, 12/29/1988, § 1; and by Ord. 757-2009, 7/1/2009]
For the purposes of this Part, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The residue from the burning of wood, coal, coke, or other
combustible materials.
The use of premises other than as a dwelling.
A building used for residential purposes, except hotels,
boarding and lodging houses, tourist cabins, motels and trailers.
One or more rooms in a dwelling and having a kitchen with
fixed cooking facilities arranged for occupancy by one family.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Household furniture, household appliances and tires which
do not exceed 17 inches in diameter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any licensed vehicle which has a carrying capacity of 1/2
ton (1,000 pounds) or less or a loaded gross vehicle weight rating
of 5,000 pounds or less.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
East Pennsboro Township.
[Ord. 73-60, 3/21/1960, § 3; as amended by Ord.
454-87, 2/17/1987, § 1; and by Ord. 480-90, 3/20/1990, § 1]
Except as otherwise herein expressly provided all refuse produced
in the Township shall be collected, transported and disposed of by
the Township or its designated contractor and not by any other person.
[Ord. 73-60, 3/21/1960, § 4]
The Township Commissioners shall have charge of the collection,
transportation and disposal of all refuse within the Township. In
addition to any other powers herein conferred upon them, they shall
have authority to make rules and regulations governing the days of
collection, type and location of refuse containers, and such other
matters pertaining to the collection, transportation and disposal
of refuse as they deem necessary, provided that such rules and regulations
are not contrary to law or to the provisions of this Part.
[Ord. 73-60, 3/21/1960, § 5; as amended by Ord.
757-2009, 7/1/2009]
1.
Refuse Containers. Refuse containers shall be provided by the owner,
tenant, lessee, or occupant of the premises. Refuse containers shall
be maintained in good condition. Any container that does not conform
to the provisions of this Part or that may have ragged or sharp edges
or any other defect liable to hamper or injure the person collecting
the contents thereof shall be promptly replaced upon notice. The Township
Commissioners shall have the authority to refuse collection service
for failure to comply herewith.
2.
Garbage and Rubbish. Garbage and rubbish containers shall be equipped
with suitable handles and tight fitting covers, and shall be watertight
and shall have a capacity of not more than 32 gallons. Garbage and
rubbish containers shall be of a type approved by the Health Officer
of the Township and shall be kept in a clean, neat and sanitary condition
at all times.
3.
Ashes. Ash containers shall be made of metal and have a capacity
of not more than 12 gallons.
[Ord. 73-60, 3/21/1960, § 6, as amended by Ord.
387-80, --/--/----; by Ord. 473-88, 12/29/1988, § 2; and
by Ord. 757-2009, 7/1/2009]
1.
Frequency of Collection.
A.
Residential. Refuse produced in dwellings shall be collected at least
once each week.
B.
Commercial. Refuse produced in commercial establishments shall be
collected at least once each week. Upon application of the operator
of a commercial establishment, or if necessary to protect the public
health, refuse produced in commercial establishments may be collected
more frequently and a service charge imposed for such additional collections
as fixed by the Township Commissioners.
2.
Limitation of Quantity.
A.
Residential. Each dwelling unit shall be limited to four thirty-two-gallon
capacity containers per week. If the amount of refuse to collect shall
exceed four thirty-two-gallon containers, the Township may make an
additional service charge for such amounts, which charge shall be
commensurate with the charges as hereinafter set forth. Extra bags
can be purchased at Township in an amount as established from time
to time by resolution of the Board of Commissioners.
B.
Commercial. The Township shall make charge upon commercial establishments
at a fair rate based upon the schedule hereinafter set forth. The
Township may refuse to collect unreasonable amounts of refuse.
3.
Special Refuse Problems.
A.
Contagious Disease Refuse. Removal of wearing apparel, bedding or
other refuse from homes or other places where highly infectious or
contagious diseases have prevailed should be performed under the supervision
and direction of the Health Officer of the Township. Such refuse shall
not be placed in containers for regular collections.
B.
Inflammable or Explosive Refuse. Highly inflammable or explosive
materials shall not be placed in containers for regular collection
but shall be disposed of as directed by the Township at the expense
of the owner or possessor thereof.
C.
Disposal by Individuals. The Township may, if in its discretion it
is necessary and not inconsistent with the intent of this Part, issue
a special permit authorizing the actual producer of refuse or the
owner of the premises upon which it is accumulated to collect, transport
and dispose of such refuse. On the first Saturday of each month, commencing
in February 1989, the Township will accept household items, household
appliances and tires from motor vehicles at its former public works
facility on Humer Street, Enola, Pennsylvania. The hours of operation
will be established by the Board of Commissioners. The Township will
not accept any property from a commercial premises. Further, it will
not accept garbage or refuse at its former sanitary landfill.
D.
Ownership of refuse collected by the Township shall be vested in
the Township.
4.
Any solid waste materials and/or any recyclable materials may not
be placed at roadside collection point prior to 7:00 p.m. of the day
preceding a scheduled collection day. Materials must be placed at
the roadside collection point no later than 6:00 a.m. on the scheduled
collection day.
[Ord. 73-60, 3/21/1960, § 7; as amended by Ord.
176-68, 3/25/1968, § 1; by Ord. 224-70, 12/23/1980, §§ 1
and 2; by Ord. 298-75, 10/20/1975, § 1; by Ord. 348-78,
6/6/1978, § 1; by Ord. 350-78, 9/5/1978, §§ 1
and 2; by Ord. 424-82, 12/29/1982, § 1; by Ord. 439-84,
12/27/1984, § 1; by Ord. 454-87, 2/17/1987, § 3;
by Ord. 473-88, 12/29/1988, § 3; by Ord. 480-90, 3/20/1990,
§ 3; by Ord. 483-90, 7/3/1990, § 1; by Ord. 525-92,
12/15/1992, § 1; and by Ord. 757-2009, 7/1/2009]
1.
The fees for collection and disposal of refuse placed for collection
at ground level and at the edge of the property line of the street
from which collection is made shall be as follows:
A.
For a single-family dwelling, an amount as established from time
to time by resolution of the Board of Commissioners for garbage, rubbish
and ashes.
B.
For dwellings containing two or more dwelling units, an amount as established from time to time by resolution of the Board of Commissioners for garbage, refuse and ashes, or, if the owner so elects, subject to the approval of the Township, the owner may pay the fees set forth in Subsection 1C.
C.
The fees for depositing household items, appliances and tires at
the former sanitary landfill are in an amount as established from
time to time, by resolution of the Board of Commissioners.
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The fees shall be paid at the Sanitation Department, East Pennsboro
Township Community and Municipal Center, 98 South Enola Drive, Enola,
Pennsylvania 17052.
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D.
For commercial establishments, an amount as established from time
to time by resolution of the Board of Commissioners for garbage, rubbish
and ashes.
E.
For a trailer in a trailer park, or for a trailer on a separate lot,
an amount as established from time to time by resolution of the Board
of Commissioners for garbage, rubbish and ashes.
F.
The Township shall have the authority to charge a commercial establishment at the fee provided in Subsection 1B, or a dwelling containing two or more dwelling units or a trailer at the fee provided in Subsection 1C, when, in the judgment of the Board of Commissioners, such treatment is necessary in order to impose a fair charge for the service rendered.
2.
The Township shall provide a rate reduction of 20% per quarter for
any individual who qualifies for and participates in the Senior Citizens
Property Tax Rebate Program as administered by the Commonwealth of
Pennsylvania. Each applicant for the rate reduction must produce tangible
evidence of eligibility on a form developed by the Township Manager.
3.
Payment of Fees and Penalties.
A.
Refuse collection fees set forth herein will be billed in advance
beginning January 1, 1993, and effective for all refuse bills rendered
January 1, 1993, and thereafter. Billing will be rendered quarterly
on the first days of January, April, July, and October of each year.
B.
All refuse collection fees shall be due and payable upon presentation
and, if not paid within 30 days from the date of billing, a penalty
of 10% shall be added. After 60 days, the unpaid bill plus the penalty
shall bear interest from the due date at the rate of 1/2% per month
until paid in full.
C.
A service charge will be collected for all checks returned to the
Township due to nonsufficient funds ("NSF") and the service charge
will represent the service charge the Township is charged by financial
institutions for the returned check.
[Ord. 73-60, 3/21/1960, § 8; as amended by Ord.
332-77, 8/16/1977, § 1]
1.
No person, firm or corporation shall deposit refuse or cause refuse
to be deposited in any street, alley or other public place, or in
any stream or body of water, or upon private property whether owned
by such person or not, within the Township except in proper receptacles
for collection or under expressed permit granted by the Township Commissioners.
2.
Any permits for any activity described in Subsection 1 required by the Commonwealth of Pennsylvania or any department or agency thereof shall be secured by the person, firm or corporation desiring to deposit refuse prior to the time refuse is deposited, or caused to be deposited as aforesaid.
3.
No person, firm or corporation shall molest, collect, transport through
the streets, or interfere with receptacles containing refuse, except
those persons, firms or corporations designated from time to time
by the Township Commissioners or those persons to whom the Township
Commissioners have granted specific permits therefor.
[Ord. 73-60, 3/21/1960, § 9]
Any vehicle transporting or carrying trash, rubbish, ashes or
garbage over the streets, alleys and thoroughfares of the Township
of East Pennsboro shall be provided with a cover and so operated as
to prevent dirt, debris or refuse from being scattered, spilled, dropped
or blown therefrom. It shall be unlawful to scatter, spill, dump or
drop, or permit to be scattered, spilled, dumped or dropped, any dirt,
debris or trash, rubbish, ashes or garbage from any vehicle upon the
streets, alleys and thoroughfares in the Township of East Pennsboro.
[Ord. 73-60, 3/21/1960, § 10; as amended by Ord.
757-2009, 7/1/2009]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to pay a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
2.
If any section, subsection, sentence, clause, phrase or portion of
this Part is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
