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:
AUTHORIZED COLLECTION
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.
CONTAINER or CRATE
The container issued, sold or approved by the Township for
the purposes of collecting, storing and placing recyclables at the
curbside for authorized collection.
LAW ENFORCEMENT OFFICER
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.
PERSON
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.
PUBLIC PROPERTY
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.
SCAVENGING
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.
TOWNSHIP and SOUTH WHITEHALL TOWNSHIP
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.