[Adopted 10-16-1990 by Ord. No. 494]
This article may be referred to and cited as
the "Curbside Recycling Anti-Scavenging and Theft Elimination Ordinance,"
or the "CRATE Ordinance."
For purposes of this article, the following
words and phrases, when appearing in the text of this article, shall
have the meaning given to them in this section, unless the context
clearly indicates otherwise:
The collection of recyclable materials by a person, company,
contractor or service which has a prior agreement, contract, permit
or arrangement authorizing pickup and transportation of recyclable
materials, as a part of the recycling program of the Township of South
Whitehall.
The container issued, sold or approved by the Township for
the purposes of collecting, storing and placing recyclables at the
curbside for authorized collection.
Any police officer or auxiliary police officer, whether employed
by the Township of South Whitehall or the Commonwealth of Pennsylvania,
or a Code Enforcement Officer of the Township of South Whitehall,
or any person duly authorized and appointed by the Township Manager
to enforce this article.
Any individual, partnership, corporation, firm, association,
institution, cooperative enterprise or any municipal entity. For purposes
of this article prescribing a civil penalty, the term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
Property owned or leased by, or dedicated to, the Township
of South Whitehall, the County of Lehigh, the Commonwealth of Pennsylvania,
or the federal government.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed by a roadway,
street or curb for authorized collection, which act or practice is
neither authorized collection nor part of or authorized by either
the Township of South Whitehall recycling program or the person who
generated those recyclable materials. "Scavenging" shall not include
the collection or picking up of scattered solid waste, litter, trash
or debris, whether or not recyclable, from roadsides or public property
with the intent of lawfully disposing of or recycling said solid waste,
litter, trash or debris.
The Township of South Whitehall, a Township of the First
Class, duly organized and existing as a municipality and political
subdivision of the Commonwealth of Pennsylvania, located in Lehigh
County, Pennsylvania, and all of its officers, officials and employees,
as indicated herein.
A.
It shall be unlawful and shall be deemed disorderly
conduct for any person as defined above to scavenge or participate
in scavenging.
B.
It shall also be unlawful and shall be deemed disorderly
conduct for any person to damage, take, remove, deface or use for
purposes other than approved recycling storage and authorized collection,
any crate, container, bucket or other device issued, sold or approved
by the Township of South Whitehall Township and/or the County of Lehigh
as a part of any recycling program, pilot program or effort.
A.
Any person who violates or fails to comply with any
provision of this article, or whose actions constitute disorderly
conduct thereunder shall, upon conviction thereof, be sentenced to
pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.[1]
B.
Provided, that any act which is prohibited by this
article and which may also be prosecuted under any other provision
of the laws of the Commonwealth of Pennsylvania, shall be considered
a violation of the applicable Commonwealth law and may also be prosecuted
under such law, as well as under this article.
