[Adopted 5-18-2004 by Ord. No. OO-04-3]
As used in this chapter, the following terms shall have the meanings
indicated:
Any park owned and maintained by the Township of Kilbuck.
The contract, prepared on behalf of the Township of Kilbuck, between
the Township of Kilbuck and the contractor.
Defined as and used interchangeably with "hauler," "collector," and
"bidder."
The length of the contract.
The Commonwealth of Pennsylvania Department of Environmental Protection.
All one- and two-family dwelling units.
The equipment required to collect and remove solid waste and recyclables.
The exclusive right to collect and remove all solid waste and items
designated by the Township of Kilbuck.
The Kilbuck Township municipal building.
The Kilbuck Township municipal garage.
The Township of Kilbuck Solid Waste Disposal Ordinance.
Includes, but is not limited to, clear and colored glass, aluminum,
steel and bimetal cans, newsprint, and PET 1 and 2 plastics.
Includes and consists of any and all items normally found around
the household, including but not being limited to all items of furniture and
appliances, newspapers and magazines (tied in bundles), empty paint cans,
grass, weeds, trees and brush (provided trees and brush less than six inches
in diameter shall be cut into lengths not over four feet and placed in containers
or tied in bundles).
The Secretary of the Township of Kilbuck.
The Solicitor of the Township of Kilbuck.
Includes all garbage, refuse, rubbish and ashes, including but not
limited to all table and kitchen offal and waste, including cans or containers,
broken dishes, glass and china ware together with all paper containers in
which material may be wrapped.
The specifications prepared by the Township and submitted, as required
by law, to prospective bidders setting forth the terms, nature and extent
of the contract to be entered into.
The Township of Kilbuck.
The proper officers and officials of the Board of Supervisors of the
Township of Kilbuck, after the acceptance of bid from the lowest responsible
bidder, shall and are hereby directed to adopt a resolution authorizing, empowering
and directing the preparation and execution of an agreement with the contractor.
The contract shall provide for the grant of the exclusive right, franchise
and privilege to the contractor to collect, remove and dispose of solid waste
as defined in the specifications from occupied dwelling structures and dwelling
units within the Township of Kilbuck for a specified period of time in accordance
with the terms and provisions of the "Kilbuck Township Solid Waste Specifications."
During the term of the contract, no other person, firm, corporation
or other entity shall exercise the right, franchise or privilege of collection
and/or removing and disposing of solid waste within the Township of Kilbuck
except as may be permitted by the contract.
All persons occupying dwelling structures and dwelling units as defined
herein or the owners of the same in those instances where such owners are
obliged to provide for such services in accordance with the provisions of
a lease with a tenant, or other applicable circumstances, within the Township
of Kilbuck, be and are hereby required to utilize and subscribe to the aforesaid
solid waste collection and disposal service, and to pay for the same in accordance
with the rates and charges as are set forth in the aforesaid agreement.
Garbage cans and recyclable containers shall not be placed at the curb
before 4:00 p.m. the day before the scheduled pickup. Any items not removed
by the collector shall be removed from the right-of-way by the resident or
property owner immediately.
The contractor shall not collect any solid waste between the hours of
7:00 p.m. and 5:00 a.m.
No provider of solid waste collection services to nondwelling units
shall collect the same between the hours of 7:00 p.m. and 5:00 a.m.
No person shall dump garbage, rubbish, grass, branches, tires, automotive
parts, paint cans, building supplies and/or building materials at any place
or location within the Township of Kilbuck.
A.
Any person, firm, corporation or entity who shall violate the provisions of any section hereof, except § 174-25 hereof, 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 less than $300 nor 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 30 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.[1]
B.
Any person, firm, corporation or entity who shall violate any of the provisions of § 174-25 hereof shall, upon conviction thereof before a District Justice, be convicted of the commission of a summary offense and shall be sentenced to pay a fine of $25 plus cost of prosecution for the first offense and a fine of $50 plus cost of prosecution for each subsequent offense.
C.
Any person, firm, corporation or entity charged with
violating any provisions hereof shall be so notified, in writing, by the Kilbuck
Township Code Enforcement Office or other designated public official. The
violator may, within 48 hours after receiving the notice of violation, pay
the applicable fine directly to the Township, in which event no formal proceeding
shall be commenced.[2]
D.
All fines set forth herein shall be paid over to the
Kilbuck Township Secretary for the general use of Kilbuck Township.
That in addition to the fines and penalties herein set forth, the Board
of Supervisors of the Township of Kilbuck may authorize the Solicitor of the
Township of Kilbuck to institute, in the name of the Township of Kilbuck,
any appropriate action or proceeding to prevent and restrain any act, conduct,
business or other thing constituting a continuing violation of any of the
provisions of this article.
