[Adopted 4-9-1989 by Ord. No. 89-2 (Ch.
48, Art. IV, of the 1983 Code)]
It shall be a violation of this article, and
therefore unlawful, for any person to take, pilfer or otherwise tamper
with any recyclable materials which have been set out at the curb
or other officially designated location for purposes of collection
of such materials in accordance with the Borough collection procedures
under its collection contract with the contractor.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Lancaster County.
