[HISTORY: Adopted by the Township Council of Horsham Township 7-23-2007 by Ord. No.
2007-7;[1] amended in its entirety 12-10-2014 by Ord. No. 2014-4. Subsequent amendments noted where applicable.]
A.
ACCEPTABLE DISPOSAL SITE
ACCEPTABLE WASTE
COLLECTOR or WASTER HAULER
COMPANY
CONTRACTOR
COUNTY
COUNTY ORDINANCE
LEAF WASTE
MUNICIPALITY
MUNICIPAL WASTE
NONPROCESSIBLE WASTE
PERSON
PLAN
PROCESSIBLE WASTE
RECYCLING or RECYCLED
RESIDENTIAL COMPONENT
SOURCE SEPARATION
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
WHITE GOODS
The following terms shall have the following meanings in this article:
Waste disposal facilities such as landfills or trash-to-steam
facilities which are licensed by and operated in accordance with the
laws and regulations of the Commonwealth of Pennsylvania or the laws
and regulations of the state in which the disposal site is located.
Municipal waste which is collected from the general public,
or is otherwise consistent with Section 7701(e)(3)(B) of the Internal
Revenue Code of 1986, as amended, which is not unacceptable waste.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
The entity or entities which are under contract with the
county to provide solid waste disposal service.
The entity or entities which are under contract with the
county to provide solid waste disposal service.
County of Montgomery, Pennsylvania.
Any ordinance enacted by the county.
Leaves, garden residues, shrubbery and tree trimmings, Christmas
trees and similar materials, but not including grass clippings.
Horsham Township, a Home Rule Charter municipality located
within the County of Montgomery, Commonwealth of Pennsylvania.
Any 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 not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include any source-separated recyclable
materials.
That portion of acceptable waste which consists of:
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this article prescribing
a fine, penalty, imprisonment or denial or grant of any license, or
any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
The county-wide municipal waste management plan developed
by the county and approved by DEP, as such may hereafter be amended
or modified in compliance with law.
That portion of acceptable waste which is not nonprocessible
waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
All acceptable waste generated by households within a participating
municipality, exclusive of multiple-family dwellings which are not
included in the calculation of the residential component pursuant
to regulations of the county.
The segregation and collection, prior to the point of entry
into the county system for the purpose of recycling of individual
components of acceptable waste, such as (without limitation) bottles,
cans, leaf waste, and other materials in accordance with Act 101.[1]
Explosives, pathological and biological waste, residual waste
and hazardous waste, radioactive materials, sludges, cesspool or other
human waste, human and animal remains, motor vehicles, liquid waste,
contained gaseous materials which may pose a hazard to the facility
or the community, hazardous substances as defined in the Federal Comprehensive
Environmental Response, Compensation and Liability Act, as it may
be amended from time to time hereafter, and any analogous federal,
state or local law, ordinance, rule or regulation as may be applicable
at the time of delivery of waste to the facility and commercial waste
which is not permitted by law to be treated and disposed of in the
facility;
Any item of waste either smoldering or on fire;
Construction and demolition debris, ashes, incinerator residue
and foundry sand;
Wastes in quantities and concentrations which require special
handling in their collection and/or processing including medical or
other "red bag waste"; and
All other items of waste which, at the time of delivery to the
facility, would be likely to pose a threat to health or safety or
have been prohibited by any valid and enforceable judicial decision,
order or governmental action from being accepted by the facility.
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
All other words and phrases shall have the same meanings as set forth
in Act 97 or Act 101 as they may hereinafter be amended or supplemented
by legislation regarding municipal waste management or planning.
A.
Licensing. No person who is not duly licensed by the Pennsylvania
Department of Environmental Protection (DEP) may collect or transport
municipal waste located or generated within the municipality.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with all terms of the service agreement
and all laws and regulations of the Commonwealth of Pennsylvania pertaining
to the collection, transportation and disposal of solid waste. Delivery
by such collectors or transporters of the county system of unacceptable
waste, nonprocessible waste (except for white goods) and waste from
unapproved sources is prohibited.
C.
Administration. Any collectors or transporters who fail to comply
with the provisions of this article shall be subject to any applicable
sanctions.
A.
All collectors or waste haulers operating within Horsham Township
must comply with the following minimum standards and regulations.
B.
All trucks or other vehicles used for collection and transportation
of municipal waste and/or source-separated recyclable materials must
comply with the applicable requirements of Act 90, Act 97, Act 101,
and PADEP regulations adopted pursuant to Act 97 and Act 101, including
the Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the
collection and transportation of municipal waste.
C.
All collection vehicles conveying municipal waste and/or source-separated
recyclable materials shall be operated and maintained in a manner
that will prevent creation of a nuisance or a hazard to public health,
safety and welfare.
D.
All collection vehicles conveying putrescible municipal waste shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors and the creation of odors and other nuisances.
E.
All collection vehicles conveying nonputrescible municipal waste
and/or source-separated recyclable materials shall be capable of being
enclosed or covered to prevent litter and other nuisances.
F.
All collection vehicles conveying municipal waste and/or source-separated
recyclable materials shall bear signs identifying the name and business
address of the person or municipality which owns the vehicle and the
specific type of material transported by the vehicle. All such signs
shall have lettering which is at least six inches in height as required
by Act 101.
A.
It shall be unlawful to dump, destroy, burn or otherwise dispose
of refuse within the Township, except at an approved disposal site.
This prohibition shall not extend to the composting of leaf waste.
B.
All refuse shall be deposited and disposed of at an acceptable disposal
site.
C.
All disposal regulations of the approved disposal site shall be adhered
to.
D.
All vehicles used for collection shall use, insofar as practical,
only state highways when proceeding to and from the approved disposal
sites, except when using roads or streets in the Township where contracted
to collect.
E.
It shall be unlawful to dispose of live ashes, flammable liquids,
explosive substances, toxic chemicals or any other similar hazardous
substances in the Township.
A.
Refuse and recyclables shall be prepared as follows:
(1)
Garbage shall be placed in suitable bags prior to depositing in containers.
(2)
All refuse shall be containerized or properly bundled so that it
may be handled by one man or woman.
(3)
Recyclables other than leaf waste shall be separated and containerized
as required by the collector. Recyclables required for collection
by residential users and organizers of community events shall include
cardboard, office paper, aluminum, bi-metal, steel, corrugated paper,
office paper, newsprint, plastics, colored glass and clear glass.
Commercial, institutional, and municipal users shall separate corrugated
paper, newsprint, aluminum and leaf waste.
(4)
Leaf waste, including leaves, shrubbery, Christmas trees, tree trimmings
and similar vegetative materials, shall be separated, prepared and
bundled as directed by the collector.
B.
Refuse containers shall be as follows:
(1)
Refuse containers shall be made of durable, watertight, rust-resistant
material, having close-fitting lids and handles to facilitate collections.
(2)
Refuse containers for residences shall be of not more than 96 gallons
in capacity.
(3)
Refuse containers for commercial establishments, except dumpsters,
shall not exceed 96 gallons in capacity.
C.
It shall be unlawful to permit the accumulation or residue of liquids,
solids or a combination of such materials on the bottoms or sides
of refuse containers; the interiors of refuse containers shall be
kept clean by thorough rinsing and draining as often as necessary.
D.
Each residential dwelling unit and commercial establishment must
secure the services of a waste hauler or collector who will collect
municipal waste, refuse and recyclables, including leaf waste.
A.
Refuse containers shall, for the purpose of collection, be placed
at ground level and be made readily accessible to the collector.
B.
Notwithstanding § 185-6A, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
C.
Collections shall be made from all properties throughout the Township,
including all streets, accepted or otherwise, and including those
streets that are temporarily closed for repairs or construction. In
the latter case, special collection points shall be designated by
the Board or its designee if the condition of the street would prevent
access thereto by the collector's truck.
D.
All licensed collectors or licensed waste haulers shall offer to their residential customers commingled recyclables collection service as a part of the normal collection fee for residential trash collection. Recyclables collection shall include, at a minimum, the following commodities: newspaper, clear and colored glass, aluminum, steel and bi-metallic cans; No. 1 and No. 2 plastic. Recyclables shall be collected from each residential customer at a minimum of biweekly. All licensed collectors or haulers shall provide collection of those recyclables designated in § 185-5A(3) from commercial, institutional, and municipal establishments and community activities. All recyclables shall be delivered to a recycling facility as defined in Act 101 or shall be marketed by the hauler.
E.
Each licensed collector or waste hauler operating in the Township
shall provide for at least one collection of leaf waste, including,
but not limited to, leaves, garden residue, and similar vegetative
materials per month.
F.
Each licensed collector or waste hauler operating in the Township
shall provide for at least one collection of shrubbery, tree trimmings
and similar vegetative materials per month. Collection schedules shall
be distributed to the customers and the Township.
G.
Each licensed collector or waste hauler operating in the Township
shall provide for at least one collection of Christmas trees between
January 7 and January 31 of each year.
H.
The licensed collector or waste hauler shall collect garbage, paper,
ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas
trees, tree trimmings and similar vegetative materials throughout
the Township on routes and according to schedules approved by the
Board or its designee.
I.
Collections shall not be made on the following holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or
Christmas Day.
J.
Collections shall be made at those hours mutually agreed upon between
the authorized collector and the Board or its designee. Hours agreed
upon shall be so indicated within the collection contracts.
K.
All routes, schedules and traffic of collection trucks upon streets
and highways shall be subject to the approval of the Board or its
designee. No change in the service area or schedules shall be made
unless the Board or its designee and all affected customers receive
at least two weeks' written notice.
L.
The licensed collector or waste hauler shall, on scheduled routes,
cooperate with special cleanup drives or weeks as may be promulgated
by the Township, which shall not exceed two in number in any one year.
In addition thereto, upon request, the authorized collector shall
provide a separate and special collection on a day or days as may
be required in order to collect abandoned Christmas trees.
M.
It shall be unlawful for any person to deposit any refuse or other
waste material at the roadside for collection more than 24 hours prior
to the time prescribed by collectors or to leave any refuse containers
at the roadside for more than 24 hours after collection of such refuse
or other waste material.
N.
Notwithstanding the collection requirements for vegetative materials
set forth above, if the Township maintains a drop-off location in
or near the municipality where residents and commercial, industrial,
and municipal establishments are provided the opportunity, at least
weekly, to drop off leaf waste, the curbside collection of leaf waste
may be reduced to one collection per month between the months of April
and October.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
Violate, cause or assist in the violation of any provision of this
article, any rule, regulation or order promulgated hereunder, or any
rule, regulation or order promulgated by the County or Horsham Township
consistent with this article.
(2)
Collect or transport municipal waste present or generated within
the municipality without a valid license for collection or transportation
issued by DEP.
(3)
Hinder, obstruct, prevent or interfere with the municipality, the
municipal waste authority or the county or their performance of any
duty under this article or in the enforcement of this article.
(4)
Act in a manner that is contrary to Act 97 or Act 101,[1] regulations promulgated thereunder, the plan, this article,
the county ordinance, rules or regulations promulgated under this
article, the county ordinance or the terms of licenses issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
Any person who engages in unlawful conduct as defined in this
article shall, upon conviction before a District Justice, be subject
to a penalty of not less than $200 nor more than $500, plus costs
of prosecution, and, in default of payment of such fine and costs,
to imprisonment not to exceed 30 days, or both such fine and imprisonment.
Each day that a violation continues may be regarded as a separate
offense and punishable as such.
A.
Restraining violations. In addition to any other remedy provided in this article, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 185-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the municipality from exercising any other
remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari materia with Act 97
and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
This article shall become effective immediately, except that § 185-3 of this article shall become effective upon the date of the county's issuance of a notice that the county system has become operational.
This article shall be known and may be cited as the "Municipal
Waste Collection and Recycling Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Those properties used primarily for commercial or industrial
purposes.
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.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, day-care centers and nursing
homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous materials, resulting from operation of residential, municipal,
commercial, or institutional establishments and from community activities,
and any sludge not meeting the definition of residual waste or hazardous
waste in Act 97 and Act 101[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility but excluding source-separated recyclables.
Any collector registered pursuant to this article and the
regulations established by resolution adopted hereunder and pursuant
to any intermunicipal agreement subsequently executed by Horsham Township
with Montgomery County or other municipalities.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provision of this article prescribing
a fine, penalty or imprisonment, or any combination of the foregoing,
the term "person" shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
Those materials required to be recycled pursuant to this
chapter or the provisions of regulations established by resolution
adopted hereunder, as revised from time to time.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties, which owns, leases or occupies a property located
in Horsham Township used as a residence and containing four or less
dwelling units.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling or composting.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
A.
Registration. Every person desiring to engage in, continue to engage
in or hereinafter to begin to engage in the business of collecting,
removing, transporting or hauling municipal waste, leaf waste and
recyclable materials from any property in Horsham Township shall first
demonstrate to the Township that it is in compliance with all statutes
and regulations of the Commonwealth of Pennsylvania, including the
DEP. This demonstration of compliance shall be done annually.
B.
Collection equipment and transportation vehicles. The collection
equipment and transportation vehicle used for the collection of municipal
waste shall be of the closed metal body type with an automatic compactor
unit. Said vehicles shall at all times be in good and proper mechanical
condition and in compliance with the minimum safety and sanitary regulations
of the Commonwealth of Pennsylvania. All such vehicles shall be specifically
designed to prevent leakage of any liquid or fluids. Other type vehicles
may be used only for the collection of recyclable materials, white
goods, and Christmas trees provided such items are separately collected
in accordance with other regulations established by this article or
regulations established by resolution adopted hereunder. The municipal
waste, leaf waste and recyclables so collected shall be suitably enclosed
or covered so as to prevent roadside littering, attraction of vermin
or creation of other nuisances. The collection equipment and transportation
vehicles shall be kept in a clean and sanitary condition.
C.
Collection procedures. Municipal waste collectors shall not be required
to collect trash of any resident where it is obvious that leaf waste
and/or recyclable materials have not been separated pursuant to this
article. The collectors shall report to the Township the identity
of those residents who have not separated recyclable materials.
D.
Insurance. No person or entity shall be entitled to register with
the Township as a municipal waste collector unless such person or
entity can show certificates of insurance covering public liability
for both bodily injury and property damage, owners' and contractors'
protective insurance and automobile insurance with respect to personal
injuries and property damage. Each and every policy of insurance herein
mentioned which is required pursuant to the terms of this article
shall carry with it an endorsement to the effect that the insurance
carrier will transmit to the Township, by certified mail, written
notice of any modifications, alterations or cancellation of any policy
or policies or the terms thereof. The above-mentioned written notice
shall be mailed to the Township at least 10 days prior to the effective
date of any such modification, alteration or cancellation. Failure
to maintain required insurance coverage shall result in cancellation
or forfeiture of the collector's license.
E.
Rate schedules. Each municipal waste collector shall annually file
with the Township a rate schedule showing the rates to be charged
to its customers for the collection of municipal waste and recyclable
materials. Such rate schedule shall not be changed by the municipal
waste collector without first giving notice to the Township at least
10 days prior to the effective date of such change. Each municipal
waste collector shall also file with the Township on a quarterly basis
a map showing the areas of the Township in which it operates and a
timetable setting forth the days of collection.
F.
Reporting. Each municipal waste collector shall file with the Township
quarterly reports which include the following information. The Township
shall appoint a designated recycling coordinator responsible for recycling
data collection and reporting recycling program performance in the
municipality.
G.
Municipal waste haulers are responsible for the collection, marketing
and recycling of the Township's designated recyclable materials.
H.
Municipal waste collectors shall not collect refuse, recyclable materials
or any other wastes between the hours of 8:00 p.m. and 6:00 a.m. Eastern
standard time nor, when applicable, between 8:00 p.m. and 6:00 a.m.
daylight saving time. Failure to comply with this provision shall
subject a municipal waste collector to enforcement by the individual
municipality.
A.
Separation.
(1)
Recyclable materials. All residents within the municipality 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. When placed at the curbside
of the resident for collection in accordance with the provisions of
this article, recyclable materials shall be placed in separate, reusable
metal or plastic containers which clearly identify the contents as
recyclables.
(2)
Leaf waste. All residents of Horsham Township shall keep leaf waste
separate from all other forms of municipal waste generated at their
property and separate from recyclables and shall prepare leaf waste
for collection in accordance with regulations adopted hereunder. Any
resident who delivers his or her leaf waste to a recycling or composting
facility or composts his or her own yard waste shall not be required
to comply with the provisions of this section.
B.
Collection. Collection of recyclable materials shall be made only
by a municipal waste collector at a minimum of one time per week.
Leaf waste shall be set out for collection in a manner to be designated
by the Township and the municipal waste collector and shall be delivered
by the municipal waste collector to a leaf composting facility operating
in accordance with Pennsylvania Department of Environmental Protection's
Regulations and Guidelines for Leaf Composting Facilities. Christmas
trees shall be collected at least once between January 1 and January
31 by the Township or any collector contracted to pick up trash in
the Township.
C.
Prohibition. No person shall place municipal waste in containers
used for the separation, collection and transportation of recyclables;
no person shall place recyclable materials or leaf waste in containers
used for the separation, collection and transportation of municipal
waste.
The following provisions apply to the separation and collection
of materials from commercial, institutional and municipal establishments,
multifamily housing and sponsors or organizers of community activities
throughout the Township:
A.
Separation.
(1)
Recyclable materials.
(a)
All owners and occupants of commercial, institutional or municipal
establishments shall separate the following recycling materials: corrugated
paper, office papers, newsprint, aluminum and leaf waste. Persons
in multifamily housing (which includes independent and assisted living
facilities) and sponsors or organizers of community activities in
Horsham Township shall separate the following recycling materials:
plastic, colored glass, clear glass, bi-metal and steel, corrugated
paper, office papers, newsprint, aluminum and leaf waste. Persons
owning and/or operating commercial, institutional, municipal establishments,
multifamily housing and sponsors or organizers of community activities
shall be responsible for providing a system to source separate recyclable
materials from the municipal waste generated at their property. This
system should be developed with the assistance of the municipal waste
collector.
(b)
Each person who owns a multifamily unit or nonresidential unit
shall:
[1]
Provide recycling containers at easily accessible locations
for source separation of designated recyclable materials;
[2]
Provide written instructions to all persons occupying each multifamily
unit and nonresidential unit to ensure that all designated recyclable
materials are source separated; and
[3]
Provide collection and delivery to a facility of source-separated
designated recyclable materials at a frequency of not less than once
per month.
(2)
Leaf waste. All persons owning multifamily, commercial, institutional
or municipal establishments who gather leaves and are not served by
the Township's leaf collection program, if any, shall arrange
for the separation of leaf waste from municipal waste for recycling/composting
of leaf waste at a composting facility operating in accordance with
Pennsylvania Department of Environmental Regulations and Guidelines
for Leaf Composting Facilities.
B.
Collection. The method of collection of the recyclable materials
for disposition shall be the responsibility of the person who generates
the recyclables (i.e., generator) or a municipal waste collector designated
by the generator for the collection and marketing and recycling of
its recyclable material.
C.
Recycling reports. Recycling reports for multifamily housing, commercial,
municipal, institutional properties and community activities:
(1)
The landlord of every multifamily housing property and every commercial,
municipal and institutional establishment and community activity sponsor
shall complete a form to be designated "Recycling Report," to be provided
by the Township, which shall indicate where the property's recyclables
were delivered or picked up and by whom. Such report shall provide
information on the type and amount of each material recycled. The
recycling report and all weigh slips obtained from the facility or
facilities to which the recyclables are delivered or taken shall be
submitted quarterly to the Township. For purposes of submitting such
weigh slips and recycling reports quarterly to the Township, the private
hauler who removed the recyclables from the property may be the agent
for the landlord, operator of the establishment or sponsor of the
activity and shall be responsible for completing and submitting such
to the Township. Each such quarterly recycling report shall be submitted
on or before the last day of the first month of each quarter, for
the preceding quarter. Quarters shall run on a calendar-year basis
thus: January through March; April through June; July through September;
and October through December.
D.
Prohibition. No person shall mix municipal waste in containers to
be used for the separation and collection of recyclables. No person
shall mix recyclable materials or leaf waste in containers used for
the separation and collection of municipal waste.
Every residence, commercial establishment and institutional establishment in Horsham Township shall contract with an individual, entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania to have all the municipal waste and recyclables generated on the premises by any of the occupants of the premises removed and disposed of as per §§ 185-4, 185-16, and 185-17 of this Code.
Additional regulations for the collection of municipal waste
and recyclable materials by municipal waste collectors, and the preparation
for collection of municipal waste and recyclable materials and vegetative
waste by property owners and residents of the Township, may be promulgated
by regulations to be adopted by the Council of Horsham Township to
carry out the intent and purpose of this article. Such rules and regulations
shall be approved by resolution of the Council of Horsham Township
and, when so approved, shall have the same force and effect as the
provisions of this article. The said rules and regulations may be
amended, modified or replaced by resolution of the Council of Horsham
Township.
Any person who violates any provision of this article or of
the regulations adopted hereunder, or any person who knowingly commits,
takes part in, or assists in any such violation shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $1,000 and not less than $50. Each day on which a violation
of this article continues shall constitute a separate offense punishable
by a like fine or penalty. In addition to this penalty, the Township
may institute any appropriate action or proceeding, whether by legal
process or otherwise, to prevent any illegal act, conduct, business
or use on or about such premises subject to this article.
