[HISTORY: Adopted by the Board of Supervisors of Franklin Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-1999 by Ord. No. 1999-01]
When used in this article, the following words shall have the meanings
stated herein:
The receptacle in which municipal waste is placed for collection,
including cans, boxes and plastic bags; provided, however, that they are so
constructed to be for permanent use, except for bags which are for one time
use as a municipal waste receptacle.
Any and all garbage, rubbish, ashes, debris (such as stones, brick,
plaster, broken concrete, or earth), industrial lunch room or office waste,
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal, commercial
or institutional establishments or from community activities.
Any person, firm, partnership, association, corporation, company,
organization or other entity recognized in law.
Those materials which may be processed or refabricated for reuse
and which are specified by the Township and/or the County of Adams for separation
from municipal waste. These materials may include, but are not limited to
aluminum containers, bimetal and tin containers, clear and colored glass containers,
newspapers, and certain plastic containers.
The Township of Franklin, Adams County, Pennsylvania, and the Board
of Supervisors of the Township of Franklin.
That entity designated by the Township by means of a contract as
the entity having the exclusive right to collect municipal waste and recyclable
materials within the Township.
It shall be unlawful for any person other than the Township Collector
to collect and/or haul municipal waste and/or recyclable materials within
or from the Township. No person within the Township may contract with any
hauler of municipal waste and/or recyclable materials to collect, haul or
dispose of municipal waste and/or recyclable materials unless such hauler
is authorized to collect such waste and materials by the Township.
Containers, other than bags manufactured for single-use garbage collection,
shall be made of durable, watertight, rust-resistant material having a close-fitting
lid and handles to facilitate collection. All such containers shall be kept
in good and sanitary condition without the accumulation of municipal waste
residue in or on them. Any container which does not conform to the standards
herein, or which is likely to cause harm to the Township Collector or its
employees in the course of collection, shall upon notice be replaced by the
owner of the container.
Bags used in place of containers must be manufactured for the purpose
of containing municipal waste awaiting collection. Such bags shall be of such
strength and quality as to resist entry by rodents and other animals. Persons
located in areas which have recurring incidents of animal invasion into such
bags must, upon notice, use other containers to store municipal waste awaiting
collection.
A.Â
Any person violating any of the provisions of this article
shall, upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated shall
also constitute a separate offense.
B.Â
This ordinance is a regulation affecting the health,
safety and welfare of the inhabitants of the Township. The penalties prescribed
herein are in addition to any other remedy available in law or in equity.
