[Ord. 35, 10/1/1993, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Paper, rags, excelsior, straw, boxes, mattresses, old shoes,
leather scrap, rubber scrap, carpets, oilcloth, Christmas trees, prunings
from vines, trees, shrubbery, etc., and other flammable waste materials
other than those described under the terms "garbage" and "noncombustible
rubbish."
Any offal or refuse of fish, fruit, vegetables, animal matter
or any other organic substance, subject to fermentation or decay,
including matters liquid or solid, house and store sweepings and tin
cans which contain animal or vegetable matter.
Glass, tinware, wire, crockery, metal, waste materials and
other nonflammable refuse.
The collection, separation, recovery and sale or reuse of
metals, glass, paper and other materials which would otherwise be
disposed or processed as municipal waste (other than through combustion)
and creation and recovery of reusable materials other than a fuel
for the operation of energy.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
[Ord. 35, -/-/1993, § 2]
1.
All garbage and rubbish, as herein defined, shall be gathered and
removed by Manheim Township under the rules and regulations as provided
herein; and the costs and expenses of the collection and removal of
the garbage, rubbish, dead animals and ashes are removed, or by the
person responsible for the existence of such garbage, rubbish, dead
animals or ashes, shall be as provided by the schedule of fees hereinafter
set forth.
2.
In any instance where the quantity of garbage or rubbish produced
at any one source shall exceed a daily average of 10 cubic yards in
volume or two tons in weight, the producer of such garbage or rubbish
may be permitted by Manheim Township, upon proper application, to
remove such garbage and rubbish by private means without the payment
of fees prescribed for such removal. Such permission for private removal
may be rescinded or revoked at any time by Manheim Township with or
without cause and without any liability for any loss or detriment
which may be caused by such revocation. Any private removal permitted
shall at all times be performed in a healthful manner and in full
compliance with all sanitary and health regulations of Manheim Township.
[Ord. 35, -/-/1993, § 3]
1.
Every resident, householder, tenant, hotel keeper, apartment house
owner, duplex owner, restaurant keeper, boardinghouse keeper, wholesale
and retail dealer, as well as parties or persons occupying dwellings
or units thereof, including all private persons, associations and
corporations, shall provide or cause to be provided and kept at all
times portable metal vessels or receptacles of a capacity of not more
than 30 gallons or not less than 10 gallons, or a recognized type
of garbage can, to be watertight, with lids and handles, and shall
further cause said vessels, receptacles and cans to be kept outside
of the residence, building, apartment house, hotel, restaurant or
store. Each day's accumulation of garbage placed in these cans
shall be thoroughly drained by the person producing or responsible
for such garbage, and shall be tightly wrapped in sufficient paper
or plastic to protect it from scattering, and care taken to prevent
the package from breaking open. The package and contents thereof shall
all be placed wholly within the container, so that the lid can be
tightly fitted. The receptacles shall be kept in the rear of the house,
apartment building, storeroom, restaurant, etc., or shall be put in
such places for the convenient collection of their contents prior
to the time set for collection as shall be provided with the approval
of Manheim Township for the collection of the same from the respective
premises. At no time shall any vessels, receptacles or containers
be placed or kept upon the alley, street, sidewalk or public place.
Containers shall be accessible to the collector when called for, and
each owner or person responsible for such garbage and/or rubbish shall
provide sufficient receptacles to contain the garbage and/or rubbish.
2.
It shall be lawful to place in the vessel or receptacle all combustible
rubbish providing the can will contain it with the lid tightly closed,
or the can may be placed in a separate fireproof container, packed
or otherwise secured to keep the materials from being scattered.
3.
It shall be unlawful to place or cause to be placed any garbage with
ashes or receptacles containing ashes, and it shall be unlawful to
place or cause to be placed any noncombustible rubbish in the garbage
receptacle with the garbage.
[Ord. 35, -/-/1993, § 4]
The collectors for Manheim Township will remove promptly in
as clean a manner as possible all garbage and rubbish, as well as
recyclable items, and return the garbage and rubbish receptacle(s)
to the premises from which removed. The collection of garbage and
rubbish shall be made from every part of Manheim Township at least
once in every week. Manheim Township may designate such hotels, stores,
apartments or other establishments from which collection of garbage
shall be made daily, excepting Sunday, or at times during the week
as may be necessary.
[Ord. 35, -/-/1993, § 5]
It shall be unlawful for any person other than the owner or
an officer or employee of Manheim Township, or an employee of a person,
firm or corporation holding a contract with Manheim Township, to interfere
in any manner with any vessel, tank or receptacle from the location
where the same was placed by the owner thereof or to remove the contents
from any such vessel, tank, receptacle or container. Any person violating
this provision shall be subject to the penalties as hereinafter provided.
[Ord. 35, -/-/1993, § 6]
No person, firm, association or corporation except Manheim Township
or its delegated collector shall be permitted to collect, carry, convey
or transport through the streets, alleys or public places of Manheim
Township any solid waste hereafter without being subject to the penalties
provided, except such dealers in vegetables, meat, fish, fruit, oysters
and the proprietors of stores and like establishments who are authorized
to convey the same to an approved disposal site, in vehicles which
shall be so loaded and driven that none of the contents shall fall
or spill therefrom, and shall be securely covered on top, or shall
be of the compactor-type so loaded and driven, with contents so contained.
[Ord. 35, -/-/1993, § 7]
All vegetable refuse and decayed fruit accumulating at grocery
stores and establishments for the sale of fruits and vegetables shall
be kept in closed cans which shall be removed at regular times by
the municipal collectors; provided that, should the accumulation in
such cases be too large or become a nuisance, it will be the duty
of the dealers in the articles mentioned to deliver the same in closed
cans to the disposal site, or to have the same hauled by Manheim Township's
collector, at an additional cost; and Manheim Township is hereby authorized
to designate the number of cans which the municipal collector shall
remove for each classification or establishment, shall classify every
establishment, commercial or otherwise, for the purpose of fixing
rates as hereinafter provided, and shall determine the amount of garbage
to be hauled, and the number of days per week or month that it will
be collected, under the fee for the classification of each establishment.
In the event additional collection is necessary, Manheim Township
is authorized and empowered to assess an additional charge or compel
the establishment to haul such excess as hereinabove provided, and
a refusal shall be deemed a violation of the terms of this Part.
[Ord. 35, -/-/1993, § 8]
Whenever the amount of combustible rubbish and garbage accumulates
at stores or other places, and is too large to be contained in the
vessels prescribed therefor, it shall be the duty of the keeper of
such store or other business establishment or building to deliver
such garbage and rubbish to the disposal site at the garbage plant,
or the same may be hauled by Manheim Township's collector at
additional cost.
[Ord. 35, -/-/1993, § 9]
All garbage, as hereinabove defined, accumulating in fish, oyster
or meat establishments or like establishments, including restaurants,
hotels and boardinghouses, shall be kept in closed containers and
shall be removed at the regular times by the garbage collector; provided
that, should the accumulation in any such case be larger than the
limit of the cans established by Manheim Township, or should the accumulation
become a nuisance, it shall be the duty of those responsible to deliver
such garbage in closed containers to the disposal site, or the same
may be hauled by Manheim Township's collector at additional costs;
provided, also, that this section shall not prohibit or interfere
with the sale of animal refuse such as meat scrap, bones, fat and
tallow to rendering establishments, and the same shall be kept in
containers with tight-fitting lids or vehicles provided with tight-fitting
lids before any accumulation shall become a nuisance.
[Ord. 35, -/-/1993, § 10]
Garbage accumulating at hotels and other large producers of
same shall be kept in closed containers. Should the accumulation in
such cases be larger than the limit of such quantity established by
Manheim Township, or become a nuisance, it shall be the duty of the
keeper of such places, or the persons, firms or associations responsible
for the disposal of such garbage, to deliver the same in closed containers
to the disposal site, or the same may be hauled by Manheim Township
at an additional cost.
[Ord. 35, -/-/1993; as amended by Ord. 2009-2, 12/21/2009]
1.
Each collection point within Manheim Township, as defined in the
Manheim Township waste disposal contract specifications, shall be
required to pay to the Township's designated waste collector
a monthly, quarterly or semiannual fee for the collection, transportation
and disposal of municipal waste and recycling products. This fee shall
be paid regardless of the amount or type of waste and/or recyclables
put out for collection. The monthly, quarterly or semiannual fee charged
by the collector shall be established by a contract to be entered
into between Manheim Township and the contractor pursuant to public
bidding requirements. The Township accepts no responsibility whatsoever
for the collection of the fee to be charged to the owner of each collection
point. The contractor shall be solely responsible for the collection
of the monthly, quarterly or semiannual fees.
2.
All fees which remain unpaid 30 days after the invoice date shall
be deemed delinquent. All delinquent accounts shall have added to
them a late fee penalty, which shall be established from time to time
by resolution of the Board of Supervisors. Thereafter, the late fee
penalty shall be penalized once during each quarter the bill remains
unpaid. The Township or contracting collector is authorized to waive
such penalty payments in full or in part if either party believes
it is in the best interests of the Township to do so.
3.
If the owner of a collection point shall fail to pay any charges
or fees after the same become delinquent, the Township's Solicitor
is authorized, at the discretion of the Board of Supervisors, pursuant
to the Pennsylvania Municipal Claims Act, to enter a lien against
the real estate upon which the residential unit is situate in the
amount of the fees and charges or aggregate of fees and charges, plus
penalties, costs of entry and reasonable attorneys' fees.
4.
If the owner of a collection point shall fail to pay any charges
or fees after the same become delinquent, the Township Solicitor or
contracting collector is authorized to file a civil lawsuit for the
collection of fees, charges, penalties, interest and costs of collection,
including reasonable attorneys' fees.
[Ord. 35, -/-/1993; as amended by Ord. 2009-2, 12/21/2009]
Manheim Township and/or its designated collector shall direct
the separation by householders and other occupants of each class,
subject to scheduled rates, shall enforce the maintenance of proper
receptacles placed at suitable places on the premises and shall institute
the prosecution of all persons, firms, associations or corporations
or groups of persons violating any of the provisions of this Part,
to the end that the terms of this Part shall be strictly enforced.
Manheim Township and its designated collector shall have the authority
to enforce the provisions of this Part as set forth in § 111.
Nothing contained in this Part shall be construed to limit any other
legal remedies which may be available to Manheim Township for the
enforcement of the provisions of this Part.
[Ord. 35, -/-/1993, § 13]
Manheim Township is hereby authorized to make and promulgate
any additional rules and regulations for the collection, removal and
disposal of solid waste not in conflict with this Part, and violations
of the same shall be subject to the same penalties as provided in
this Part.
[Ord. 35, -/-/1993, § 14]
No person shall obstruct, delay or interfere with the garbage
collectors while in the performance of their duties, or enter into
any controversies with the collectors, nor shall any person violate
any of the provisions of this Part with regard to the disposal of
garbage, rubbish and ashes, or the containers for the same, or violate
any of the provisions with respect to the collection and removal of
garbage, rubbish and ashes.
[Ord. 35, -/-/1993, § 15; as amended by Ord. 46,
2/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 35, -/-/1993, § 16]
Manheim Township hereby establishes and implements a source-separation
and collection program for recyclable materials in accordance with
§ 1501 of the Municipal Waste Planning, Recycling and Waste
Reduction Act. The source-separation and collection program shall
include the following regulations:
A.
Persons are hereby required to separate glass, aluminum, steel and
bimetallic cans, newsprint materials, and plastic materials identified
as recyclable by the Township's designated collector from other municipal
waste generated at their homes, apartments and other residential establishments
and to store such material until collection. Nothing in this Part
shall be deemed to impair the ownership of separated materials by
the person who generated them unless and until such materials are
placed at curbside or a similar location for collection by Manheim
Township or its designated collector.
[Amended by Ord. 2009-2, 12/21/2009]
B.
Persons are hereby required to separate those materials designated
herein and other material deemed appropriate generated at commercial,
municipal or institutional establishments and from community activities
and to store the material until collection. The Board of Supervisors
of Manheim Township shall exempt persons occupying commercial, institutional
and municipal establishments within its municipal boundaries from
the requirements of this Part if those persons have otherwise provided
for the recycling of materials they are required by this Part to recycle.
To be eligible for an exemption under this subsection, a commercial
or institutional solid waste generator must, annually, apply for a
permit to do so, and pay a fee established pursuant to resolution,
and provide written documentation to Manheim Township of the total
number of tons recycled or estimated to be recycled.
C.
With each weekly service, the following separated materials are hereby
required to be placed at the curbside or a similar location in approved
containers for collection by Manheim Township’s collector, and
a collection charge shall be billed to each dwelling within Manheim
Township according to procedures established.
[Amended by Ord. 2009-2, 12/21/2009]
D.
Recyclable materials shall be collected from curbside or similar
locations designated by resolution from each residence or other person
generating municipal waste in Manheim Township.
E.
Manheim Township shall solicit bids and award contracts for the sale
of collected materials for recycling, giving preferential consideration
for the collection, marketing and disposition of recyclable materials
to persons engaged in the business of recycling on the effective date
of this Part, whether or not the persons were operating for profit.
