Township of Carroll, PA Article I Hauling Restrictions

[Adopted 6-19-1968 by Ord. No. 7]

§ 113-1 Prohibited activities.

A. It shall be unlawful for any person to haul or transport by any means whatsoever any waste, refuse, trash, garbage, rubbish, decaying matter or organic waste over the roads, highways, alleys or lands within the Township of Carroll aforesaid from a point outside the limits of said Township for the purpose of accumulating, dumping or otherwise depositing any of said matter on public or private property within the Township of Carroll.

B. It shall be unlawful for any person to accumulate, dump or otherwise deposit on public or private land within the Township of Carroll any garbage, rubbish, or other material referred to in Subsection A hereof which has been hauled or transported from a point outside of the Township of Carroll to a point within the Township of Carroll.

C. It shall be unlawful for any person having a present or expected interest in real estate as owner, occupant, lessee or otherwise to permit the accumulation, dumping or otherwise depositing of garbage, rubbish or other material referred to in Subsection A hereof which has been hauled or transported into the Township of Carroll from a point without the Township of Carroll.

§ 113-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PERSON

Includes any natural person or persons, partnership, unincorporated association, corporation, municipality or political subdivision, or any other entity whatsoever.

§ 113-3 Abatement of nuisance.

All accumulation, dumping or otherwise depositing of garbage, rubbish, or other material referred to in § 113-1A hereof within Carroll Township aforesaid contrary to the provisions of this article is hereby declared to be a public nuisance endangering the health, safety and welfare of the public and in addition to the penalties under § 113-4 hereof any person or persons found guilty of violating this article shall be liable by suit brought in the name of the Township for the cost of abatement of said nuisance and the removal of said garbage, rubbish, or other material referred to in § 113-1A hereof from the place that it was unlawfully deposited.

§ 113-4 Violations and penalties.

A. Except as indicated in Subsection B below, any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

B. If enforcement of this article is regulated under 53 P.S. § 66601(c.1)(2) of the Second Class Township Code, any person who violates or permits a violation 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 less than $100 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 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.