[Ord. 843, 12/18/2003, § 1]
Any capitalized term, if not defined in this Part, shall have
the meaning as from time to time set forth in the LCSWMA Rules and
Regulations which are incorporated into this Part by reference. In
addition, as used in this Part, the following terms shall have the
following meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.
All food and beverage cans made of the light in weight, ductile
and malleable metallic substance or element commonly known as aluminum.
This description excludes aluminum foil, trays, plates and miscellaneous
aluminum products.
Bags which LCSWMA makes available to generators of Municipal
Waste and which shall be used as disposal containers for batteries
which are generated in households.
Clear food and beverage containers made of glass, of one
gallon or less capacity, and comprised of the hard, brittle and transparent
or partially transparent substance produced by fusion of silica and
silicates or sand containing soda and lime and/or other chemicals
and substances usually included in the manufacture of glass.
Green or brown food and beverage containers made of glass,
of one gallon or less capacity, and comprised of the hard, brittle
and transparent or partially transparent substance produced by fusion
of silica and silicates or sand containing soda and lime and/or other
chemicals and substances usually included in the manufacture of glass.
The date upon which the current and subsequent municipal
contract collection services begin.
Designated recyclable materials (i) which have been segregated
from regulated municipal waste, but which have not been separated
into different types of recyclable materials and (ii) which have been
placed in a recycling container for the purpose of collection.
Events that are sponsored by public or private agencies or
individuals including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
A portion of municipal waste resulting from the construction
or demolition of buildings and other structures including wood, plaster,
drywall and wall board, metals, asphaltic substances, bricks, block
and unsegregated concrete. The term also includes street sweepings
and non-friable asbestos waste. The term does not include the following
if they are separated from other waste and used as clean fill:
The person providing municipal contract waste and designated
recyclable materials collection services under the municipal contract.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be (i) adjacent to the residential unit and (ii) no more
than five feet from the public street used by collection vehicles.
Those source separated recyclable materials designated in
§ 106 of this Part.
Any municipal contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or designated
recyclable materials generated or located within the Borough which
(i) was legally entered into prior to the effective date of this Part
and (ii) when entered into was legally enforceable.
Refuse containers which are in excess of the number of refuse
containers per collection site limit in the municipal contract.
A label affixed to containers and items which may be required
for the collection by the contractor of extra refuse containers, tires,
over-sized items and white goods according to the Borough's rules
and regulations.
Any specific site designated by LCSWMA (or approved by LCSWMA)
as the specific place or site to which solid waste or source separated
recyclable materials, or any portion of solid waste or source separated
recyclable materials, must or may be delivered; or in the absence
of a specific site being designated by LCSWMA, any approved site for
the delivery of any category of solid waste or source separated recyclable
materials.
A tract of land containing 10 or more acres which is used
for agricultural purposes, which agricultural activities provide the
major and primary source of income to the residents of the tract.
A person who produces or creates any solid waste.
Garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities, or a combination of these
factors which, because of its quantity, concentration or physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
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The term does not include (i) coal refuse as defined in the
Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62);
(ii) treatment sludges from coal mine drainage treatment plants, disposal
of which is being carried on under and in compliance with a valid
permit issued under the Clean Streams Law (35 P.S. §§ 691.1691.1001);
(iii) solid or dissolved material in domestic sewage; (iv) solid dissolved
materials in irrigation return flows; (v) industrial discharges which
are point sources subject to permits under § 402 of the
Federal Water Pollution Control Act (33 U.S.C.A. § 1342);
or (vi) source, special nuclear, or by-product material as defined
by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
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Desktop generated paper limited to white ledger, copy paper
and computer printout (CPO).
A portion of municipal waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as hazardous waste under Act 97 and is generated
by persons not otherwise covered as Hazardous Waste Generators by
Act 97. Household hazardous waste includes the following materials
and other materials of a similar nature:
Antifreeze.
Batteries.
Chlorinated hydrocarbons.
Fluorescent light bulbs and other mercury-containing devices.
Gasoline and kerosene.
Grease and rust solvents.
Oven, toilet and drain cleaners.
Paints, rust preventatives, stains and wood preservatives.
Pesticides, fungicides, herbicides, insecticides, rodenticides,
roach and ant killers.
Photographic and pool chemicals.
Thinners, solvents and furniture strippers.
Transmission and brake fluids.
Used oil or other hydrocarbon based lubricants.
Wood, metal, rug and upholstery cleaners and polishes.
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.
Any facility owned or operated by or on behalf of LCSWMA.
A form supplied by LCSWMA to be completed and signed by each
person who collects or transports solid waste or source separated
recyclable materials and which specifies, inter alia, (i) the source,
type, quantity and delivery point for the solid waste or source separated
recyclable materials; (ii) the applicable license number and (iii)
other pertinent information.
Generally refers to paper of various grades, colors, finishes,
and coatings mixed together.
[Added by Ord. No. 987,
9/20/2018]
A property with five or more residential units including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding farms. Condominiums on the
same lot, but in separate ownership shall be treated as one multifamily
unit and cannot be separated for billing purposes.
The agreement between the Borough and a permitted collector
under which collection services are to be provided to residential
units for municipal contract waste and for designated recyclable materials.
Those portions of regulated municipal waste which are to
be collected and disposed of under this municipal contract. Municipal
contract waste consists exclusively of refuse and oversized refuse
items.
Borough of Elizabethtown.
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to (i) the Borough's
recycling program and (ii) the onsite collection or storage of regulated
municipal waste within the Borough.
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as newspapers.
A portion of municipal waste consisting of materials which
cannot be handled by LCSWMA's normal collection, processing or
disposal methods or which are greater than six feet in any dimension.
Nonprocessable waste includes, without limitation, large auto parts;
machinery; boats; recreational vehicles; etc.
[Amended by Ord. No. 987, 9/20/2018]
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
A fire outside of any building in which any material is burned
in the open or in a receptacle other than a grill used for the purpose
of outside barbecues, the air contaminants from which are emitted
directly into the outdoor atmosphere and not directed thereto through
a flue.
The disposal of any waste, including leafy and woody waste
in any burn container whether outside or inside.
Refuse which will not fit into refuse containers, but which
is not nonprocessable waste, including furniture (no sleeper sofas),
carpet (up to 48 inches in length, rolled and tied), scrap metal (pieces
up to 48 inches in length) and the like, but excluding tires and white
goods. (Oversized refuse items are items that can be easily lifted
by two people).
[Amended by Ord. No. 987, 9/20/2018]
A person who is in possession of all pertinent permits and
licenses which may be required by (i) the Borough and (ii) LCSWMA,
for the collection, storage or disposal of solid waste or recyclable
materials.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Recyclable plastics consist of containers with a neck, such
as water and soda bottles, food jars and tea, milk or detergent jugs,
which are primarily made of resins PET and HDPE.
[Amended by Ord. No. 987, 9/20/2018]
The person or legal entity named in Lancaster County real
estate tax assessment records as the person or legal entity to whom
or to which tax bills are mailed.
A portion of municipal waste consisting of organic waste
materials which due to biological decomposition are, or have a tendency
to be, rotten, foul or odorous, including dead animals and spoiled
foods, but not including sludge.
Any material which would be regulated municipal waste but
for source separation and which will be processed into raw materials
or products which are beneficially reused.
The separation, collection, recovery and sale or reuse of
metals, glass, yard waste, plastics and other materials which would
otherwise be disposed of or processed as solid waste or the mechanized
separation and treatment of solid waste and creation and recovery
of reusable materials.
[Amended by Ord. No. 987, 9/20/2018]
For residential units, a receptacle which is constructed
of plastic, metal or fiberglass having handles of adequate strength
for lifting. With respect to residential units, the weight of a container
and its contents shall not exceed 30 pounds nor shall its capacity
exceed 32 gallons; for multifamily units and nonresidential units,
a receptacle which is constructed of plastic, metal or fiberglass
and has handles of adequate strength for lifting.
[Amended by Ord. No. 987, 9/20/2018]
That portion of regulated municipal waste except:
A receptacle which is constructed of plastic, metal or fiberglass
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors or
a polyethylene bag which is specifically designed for storage and
collection, is protected against animal damage and overloading so
as to prevent littering or attraction of insects or rodents and has
a holding strength capable of withstanding normal stresses until it
is collected. With respect to residential units, the weight of a refuse
container and its contents shall not exceed 30 pounds nor shall its
capacity exceed 32 gallons.
[Amended by Ord. No. 987, 9/20/2018]
Any solid waste generated or collected within the Borough
which is garbage, refuse, industrial lunchroom or office waste and
other material including solid, liquid, semisolid or contained gaseous
material, resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities, and
any sludge meeting the definition of residual waste or hazardous waste
from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
The term does not include designated recyclable materials or unacceptable
waste.
Any single family detached, semidetached or townhouse dwelling,
or a dwelling unit within a multifamily building containing four or
fewer dwelling units, excluding farms. When used in this Part or the
Municipality's Policies and Procedures, the term "residential
unit" shall also refer to any multifamily unit or nonresidential unit
that requests and receives approval from the Borough to use the collection
services provided under the municipal contract.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term does
not include (i) coal refuse as defined in the Coal Refuse Disposal
Control Act or (ii) treatment sludges from coal mine drainage treatment
plants, disposal of which is being carried on under and in compliance
with a valid permit issued under the Clean Streams Law.
The removal of designated recyclable materials in violation
of § 111 of this Part.
A system where recyclable materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The process of separating, or the separation of, designated
recyclable materials from other solid waste at the location where
generated for the purpose of recycling.
The ferrous metal food or beverage containers commonly known
as tin cans.
Any pneumatic rubber automobile, truck or farm implement
tire.
The following types of solid waste are unacceptable waste
unless approved by LCSWMA on a case-by-case basis:
Chemotherapeutic waste.
Drums, barrels, buckets and paint cans unless lids have been
removed and interiors are cleaned and free of any residue.
Explosives and ordnance materials.
Gas cylinders, unless empty and delivered separate from other
solid waste.
Hazardous waste.
Infectious/pathological waste.
Radioactive materials.
A portion of regulated municipal waste consisting of large
appliances including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters,
air conditioners, dehumidifies, furnaces and electrical heaters.
Branches, tree limbs or other waste wood, but excluding firewood
burned for aesthetic or heating purposes inside any structure.
All garden residues, leaves, shrubbery and tree trimmings.
[Amended by Ord. No. 987, 9/20/2018]
[Ord. 843, 12/18/2003, § 2]
All persons within the Borough shall source separate designated
recyclable materials generated by such person or generated within
a residential unit, multifamily unit or nonresidential unit occupied
by such person.
[Ord. 843, 12/18/2003, § 3]
Each person who owns or occupies a residential unit, multifamily
unit or nonresidential unit with the Borough shall ensure that regulated
municipal waste and designated recyclable material generated at such
residential unit, multifamily unit or nonresidential unit are collected
and disposed of in accordance with this Part, the Municipality's
Policies and Procedures and LCSWMA Rules and Regulations.
[Ord. 843, 12/18/2003, § 4]
Collection services for municipal contract waste and for designated
recyclable materials shall be provided to residential units by the
contractor. Each person who owns or occupies a residential unit shall
prepare designated recyclable materials and municipal contract waste
for collection in accordance with the Municipality's Policies
and Procedures. With respect to regulated municipal waste which is
not municipal contract waste, persons who own or occupy residential
units shall elect to provide proper onsite collection and disposal
by either (i) themselves delivering such materials to a facility of
(ii) utilizing a permitted collector to collect and deliver such materials
to a facility. Each person who owns or occupies a residential unit
shall dispose of municipal contract waste and designated recyclable
materials on a weekly basis.
[Ord. 843, 12/18/2003, § 5]
1.
Each person who owns or occupies a nonresidential unit or multifamily
unit shall provide proper collection and disposal for regulated municipal
waste and designated recyclable materials by using a permitted collector
to collect and deliver such materials to a facility. With respect
to municipal contract waste and designated recyclable materials, a
person who owns a multifamily unit or nonresidential unit may request
Borough approval to receive the services under the municipal contract,
provided that all units in the building shall be included and shall
participate.
2.
Each person who owns or occupies a multifamily unit or nonresidential
unit approved to receive services under the municipal contract shall
comply with the Municipality's Policies and Procedures established
for residential units and notwithstanding the provisions of § 106(2)
and (3) of this Part, shall source separate the recyclable materials
designated in § 106(1).
3.
Each person who owns a multifamily unit or nonresidential unit that
does not receive services under the municipal contract shall:
A.
Provide recycling containers at easily accessible locations for source
separation of designated recyclable materials.
B.
Provide written instructions to all persons occupying each multifamily
unit and nonresidential unit to ensure that all designated recyclable
materials are source separated.
C.
Provide collection and delivery of source separated designated recyclable
materials at a frequency of not less than once per month.
[Ord. 843, 12/18/2003, § 6; as amended by Ord.
888, 9/20/2007, Art. 1; and by Ord. No. 987, 9/20/2018]
1.
Each person who owns or occupies a residential unit shall source
separate the following recyclable materials: (i) clear glass, (ii)
colored glass, (iii) aluminum, (iv) steel cans, (v) plastic, (vi)
corrugated cardboard, (vii) tires, (viii) white goods, and (ix) yard
waste.
2.
Each person who owns or occupies a multifamily unit shall source
separate the following recyclable materials: (i) clear glass, (ii)
colored glass, (iii) aluminum, (iv) steel cans, (v) plastic, (vi)
tires, (vii) white goods, (viii) yard waste and (ix) corrugated cardboard.
3.
Each person who owns or occupies a nonresidential
unit shall source-separate the following recyclable materials: (i)
clear glass, (ii) colored glass, (iii) aluminum, (iv) steel cans,
(v) plastic, (vi) corrugated cardboard, (vii) tires, (viii) white
goods, (ix) yard waste and (x) high-grade office paper.
[Amended by Ord. No. 995, 12/19/2019]
4.
Residential units, multifamily units and nonresidential units shall
source separate all items which LCSWMA has determined through action
of the LCSWMA Board to be recyclable through source separation.
[Ord. 843, 12/18/2003, § 7]
1.
With respect to (i) municipal contract waste and (ii) designated
recyclable materials, no person other than the contractor shall collect,
transport, store, process or dispose of such contract waste. With
respect to (i) regulated municipal waste other than municipal contract
waste which is generated at residential units and (ii) regulated municipal
waste or designated recyclable materials generated at multi-family
units or nonresidential units, no person other than a permitted collector
shall collect, store, process or dispose of such waste. Each permitted
collector that collects or transports regulated municipal waste or
designated recyclable materials generated in any residential unit,
nonresidential unit or multifamily unit shall complete monthly LCSWMA
manifests reporting the amount of regulated municipal waste and designated
recyclable material collected in the Borough.
2.
No person who generates, owns or possesses designated recyclable
materials or regulated municipal waste shall, by contract for collection
services or otherwise, cause, permit or assist in the collection,
storage, processing or disposal of such waste by any person other
than (i) the contractor with respect to municipal contract waste or
designated recyclable materials generated at residential units, and
(ii) a permitted collector with respect to (a) regulated municipal
waste other than municipal contract waste generated at residential
units and (b) regulated municipal waste or designated recyclable materials
generated at multifamily units or nonresidential units.
3.
No permitted collector who collects or disposes of designated recyclable
materials or regulated municipal waste shall, by municipal contract
for such services or otherwise, cause, permit or assist in the storage,
collection, processing or disposal of designated recyclable materials
in a manner which treats such materials as regulated municipal waste,
or which is otherwise inconsistent with source separation or recycling.
Any delivery of designated recyclable material to a LCSWMA facility
in accordance with the LCSWMA Rules and Regulations shall be deemed
to satisfy the requirements of this § 107.
4.
Notwithstanding the provisions of § 107(1) and (2) above,
any person who occupies a residential unit may deliver to a facility
the regulated municipal waste and designated recyclable materials
which are generated at such person's residence. If a person who
occupies a residential unit transports the regulated municipal waste
and designated recyclable materials to a facility, this person shall
report and provide official documentation on a monthly basis of the
regulated municipal waste and designated recyclable materials that
were transported. Failure to comply with these provisions shall result
in the person being billed in arrears by the Borough and will be subject
to the appropriate fines and costs of collection.
5.
All regulated municipal waste and designated recyclable materials
generated or collected in the Borough shall be delivered directly
to a facility in accordance with the LCSWMA Rules and Regulations
and without any intervening transfer, unloading, processing, sorting,
salvaging, scavenging or reuse of any portion of any load of such
regulated municipal waste and designated recyclable materials from
the time of its collection until the time of its delivery to the facility.
6.
Each permitted collector shall collect and deliver, separately to
a LCSWMA facility battery drop-off location, all battery bags placed
at curbside by residential units.
[Ord. 843, 12/18/2003, § 8]
1.
No person shall store, process or dispose of any regulated municipal
waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing or § 106, yard waste may be composted to the
extent and in the manner provided in the Municipality's Policies
and Procedures on the property on which such yard waste was generated.
2.
No person shall process or dispose of any waste or designated recyclable
materials through open burning or other burning.
[Ord. 843, 12/18/2003, § 9; as amended by Ord.
888, 9/20/2007, Art. 1; and by Ord. No. 987, 9/20/2018]
Leaves, yard waste and woody waste shall be collected for recycling
a designated number of times per year in accordance with the municipal
contract.
[Ord. 843, 12/18/2003, § 10; as amended by Ord.
945, 2/21/2013]
Fees for services provided by the Borough shall be charged to
the owner of each property within the Borough. The amount of fees
and the schedule for payment of fees shall be as adopted by resolution
from time to time by Borough Council. The Municipality's Policies
and Procedures may provide for the amount of annual fees or interest
and due interest and penalties for late payments and provisions for
municipal liens and attorney's fees for unpaid collection service
fees.
[Ord. 843, 12/18/2003, § 11]
From the time of placement for collection of any designated
recyclable materials, all such designated recyclable materials shall
be the property of the generator or the permitted collector who has
contracted to provide onsite collection, as provided in the municipal
contract. It shall be a violation of this Part for any person, other
than such permitted collector, to collect or pick up, or cause to
be collected or picked up, any such designated recyclable materials.
[Ord. 843, 12/18/2003, § 12]
1.
Nothing in this Part shall be construed to impair the obligations
of any existing contract.
2.
No renewal or modification of any existing contract, and no new contract
for the storage, onsite collection, processing or disposal of regulated
municipal waste or designated recyclable materials, shall be entered
into after the effective date of this Part unless such renewal or
modification unless such renewal or modification or new contract shall
conform to the requirements of this Part and the Municipality's
Policies and Procedures.
3.
No contract which is entered into, renewed, extended, modified or
assigned after the effective date of this Part shall provide for onsite
collection services to be performed after the commencement date for
contract waste or designated recyclable materials generated at residential
units. This provision shall not apply to the contract between the
Borough and the contractor. With respect to any contract which violates
this § 112(3), such contract shall be deemed void and the
hauler that is a party to such contract (i) shall reimburse to the
applicable residential units any funds which have been paid for such
onsite collection services and (ii) shall not collect or attempt to
collect any funds for such onsite collection services.
[Ord. 843, 12/18/2003, § 13]
The Borough shall have the power to issue the Municipality's
Policies and Procedures governing all matters set forth in this Part
and any other related matters deemed to be[1] necessary or convenient by the Borough. The Municipality's
Policies and Procedures shall be effective when issued in writing
and signed by the Council President of the Borough. The Borough shall
have the power to establish record and reporting requirements and
standards and procedures for the issuance, administration and revocation
of licenses, as deemed necessary, including without limitation, (i)
application procedures, fees, standards and conditions for licenses,
(ii) the fixing of a monetary bond, with or without surety, to secure
the compliance by any permitted collector with any such requirements,
standards or procedures, and (iii) any other matters deemed necessary
or convenient by the Borough. In the event of suspension or revocation
of any license which is issued by the Borough or LCSWMA, the person
whose collection permit is suspended or revoked shall refund to each
customer any prepaid fees.
[1]
Editor's note: Ord. 843 reads: ". . . matters be necessary
or convenient by . . ."
[Ord. 843, 12/18/2003, § 14]
It shall be unlawful for any person to violate, or cause or
permit or assist in the violation of, any provision of this Part or
any provision of the Municipality's Policies and Procedures.
All unlawful conduct shall also constitute a public nuisance.
[Ord. 843, 12/18/2003, § 15; as amended by Ord.
945, 2/21/2013; and by Ord. No. 987, 9/20/2018]
1.
Penalty. In addition to civil procedures for collection available
to the Borough, any person or persons violating any provision of this
Part or any provision of the resolution referred to in § 110
as part of the Municipality's Policies and Procedures shall,
upon conviction thereof in a summary proceeding, be sentenced for
each violation to pay a fine of not less than $200 nor more than $1,000
plus costs of prosecution. The costs of prosecution shall include,
without limitation, any court filing fees and the expenses incurred
by the Borough for its employees to collect any such sums as well
as attorney fees incurred by the Borough, and in default of the payment
of such fine and costs to undergo imprisonment for not more than 30
days. Each violation of any provision of this Part or any provision
of the resolution and the Borough's Policies and Procedures,
and each day that such a violation shall exist, shall constitute a
separate violation and offense.
2.
Public safety official notice and Quick Ticket procedures. The Code Compliance Official is authorized to issue public safety official notices for Solid Waste Code violations and Quick Tickets for violations, including, but not limited to, improper storage and/or placement of refuse and recycling containers, untimely placement of refuse and recycling containers, use of oversized refuse and/or recycling container(s), additional refuse placed curbside not marked with an extra service tag, and additional oversized refuse items placed for curbside collection. The Code Compliance Official may issue a Quick Ticket in addition to or in lieu of issuing a notice of violation. The Code Compliance Official shall serve the ticket by mail, personally delivering the ticket to the property owner or property management office or company responsible for said property in violation or by affixing the ticket to the property where the violation exists. The Code Compliance Official may use more than one form to serve the ticket to the violator. The Quick Ticket penalties for the above-referenced violations shall be payable within 15 days. Repeat offenders shall be subject to additional penalties. Failure to pay the Quick Ticket within 15 days may result in a summary citation being issued through the local Magisterial District Judge's office. The Borough Council of the Borough of Elizabethtown shall approve Quick Ticket forms and penalty amounts by resolution. Appeals of this section shall be made pursuant to Chapter 5, § 113, of the Borough of Elizabethtown Code of Ordinances.
[Ord. 843, 12/18/2003, § 16]
For purposes of the obligations established by this Part or
the Municipality's Policies and Procedures, and for purpose of
any fine, penalty, imprisonment or other sanction, the terms "person,"
"residential unit," "multifamily unit" and "nonresidential unit" shall
(i) include officers and directors of any corporation or other legal
entity having officers and directors and (ii) refer to, and impose
joint and several liability upon, both (a) the persons residing in
or occupying any such residential, multifamily or nonresidential units
and (b) the owner, landlord, condominium owner's association
and/or agent of an owner, landlord or condominium owner's association
of such premises.
[Ord. 843, 12/18/2003, § 17]
In addition to any other remedy provided in this Part, the Borough
may institute proceedings to restrain any violation of, or to require
compliance with, this Part and/or the Municipality's Policies
and Procedures.
[Ord. 843, 12/18/2003, § 18]
The penalties and remedies set forth in this Part are in addition
to, not in lieu of, any fines, penalties or remedies provided in the
Municipality's Policies and Procedures. The existence or exercise
of any remedy shall not prevent the Borough from exercising any other
remedy (i) provided under (a) this Part or (b) the Municipality's
Policies and Procedures, or (ii) available at law or equity.
