Township of East Pennsboro, PA
Cumberland County
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Table of Contents
Table of Contents
[Ord. 73-60, 3/21/1960, § 1]
This Part shall be known and may be cited as the "Municipal Refuse Collection Service Ordinance of East Pennsboro Township."
[Ord. 73-60, 3/21/1960, § 2; as amended by Ord. 473-88, 12/29/1988, § 1; and by Ord. 757-2009, 7/1/2009]
For the purposes of this Part, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ASHES
The residue from the burning of wood, coal, coke, or other combustible materials.
COMMERCIAL
The use of premises other than as a dwelling.
DWELLING
A building used for residential purposes, except hotels, boarding and lodging houses, tourist cabins, motels and trailers.
DWELLING UNIT
One or more rooms in a dwelling and having a kitchen with fixed cooking facilities arranged for occupancy by one family.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HOUSEHOLD ITEMS AND APPLIANCES
Household furniture, household appliances and tires which do not exceed 17 inches in diameter.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PICK-UP TRUCK
Any licensed vehicle which has a carrying capacity of 1/2 ton (1,000 pounds) or less or a loaded gross vehicle weight rating of 5,000 pounds or less.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
TOWNSHIP
East Pennsboro Township.
[Ord. 73-60, 3/21/1960, § 3; as amended by Ord. 454-87, 2/17/1987, § 1; and by Ord. 480-90, 3/20/1990, § 1]
Except as otherwise herein expressly provided all refuse produced in the Township shall be collected, transported and disposed of by the Township or its designated contractor and not by any other person.
[Ord. 73-60, 3/21/1960, § 4]
The Township Commissioners shall have charge of the collection, transportation and disposal of all refuse within the Township. In addition to any other powers herein conferred upon them, they shall have authority to make rules and regulations governing the days of collection, type and location of refuse containers, and such other matters pertaining to the collection, transportation and disposal of refuse as they deem necessary, provided that such rules and regulations are not contrary to law or to the provisions of this Part.
[Ord. 73-60, 3/21/1960, § 5; as amended by Ord. 757-2009, 7/1/2009]
1. 
Refuse Containers. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this Part or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Township Commissioners shall have the authority to refuse collection service for failure to comply herewith.
2. 
Garbage and Rubbish. Garbage and rubbish containers shall be equipped with suitable handles and tight fitting covers, and shall be watertight and shall have a capacity of not more than 32 gallons. Garbage and rubbish containers shall be of a type approved by the Health Officer of the Township and shall be kept in a clean, neat and sanitary condition at all times.
3. 
Ashes. Ash containers shall be made of metal and have a capacity of not more than 12 gallons.
[Ord. 73-60, 3/21/1960, § 6, as amended by Ord. 387-80, --/--/----; by Ord. 473-88, 12/29/1988, § 2; and by Ord. 757-2009, 7/1/2009]
1. 
Frequency of Collection.
A. 
Residential. Refuse produced in dwellings shall be collected at least once each week.
B. 
Commercial. Refuse produced in commercial establishments shall be collected at least once each week. Upon application of the operator of a commercial establishment, or if necessary to protect the public health, refuse produced in commercial establishments may be collected more frequently and a service charge imposed for such additional collections as fixed by the Township Commissioners.
2. 
Limitation of Quantity.
A. 
Residential. Each dwelling unit shall be limited to four thirty-two-gallon capacity containers per week. If the amount of refuse to collect shall exceed four thirty-two-gallon containers, the Township may make an additional service charge for such amounts, which charge shall be commensurate with the charges as hereinafter set forth. Extra bags can be purchased at Township in an amount as established from time to time by resolution of the Board of Commissioners.
B. 
Commercial. The Township shall make charge upon commercial establishments at a fair rate based upon the schedule hereinafter set forth. The Township may refuse to collect unreasonable amounts of refuse.
3. 
Special Refuse Problems.
A. 
Contagious Disease Refuse. Removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the Health Officer of the Township. Such refuse shall not be placed in containers for regular collections.
B. 
Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Township at the expense of the owner or possessor thereof.
C. 
Disposal by Individuals. The Township may, if in its discretion it is necessary and not inconsistent with the intent of this Part, issue a special permit authorizing the actual producer of refuse or the owner of the premises upon which it is accumulated to collect, transport and dispose of such refuse. On the first Saturday of each month, commencing in February 1989, the Township will accept household items, household appliances and tires from motor vehicles at its former public works facility on Humer Street, Enola, Pennsylvania. The hours of operation will be established by the Board of Commissioners. The Township will not accept any property from a commercial premises. Further, it will not accept garbage or refuse at its former sanitary landfill.
D. 
Ownership of refuse collected by the Township shall be vested in the Township.
4. 
Any solid waste materials and/or any recyclable materials may not be placed at roadside collection point prior to 7:00 p.m. of the day preceding a scheduled collection day. Materials must be placed at the roadside collection point no later than 6:00 a.m. on the scheduled collection day.
[Ord. 73-60, 3/21/1960, § 7; as amended by Ord. 176-68, 3/25/1968, § 1; by Ord. 224-70, 12/23/1980, §§ 1 and 2; by Ord. 298-75, 10/20/1975, § 1; by Ord. 348-78, 6/6/1978, § 1; by Ord. 350-78, 9/5/1978, §§ 1 and 2; by Ord. 424-82, 12/29/1982, § 1; by Ord. 439-84, 12/27/1984, § 1; by Ord. 454-87, 2/17/1987, § 3; by Ord. 473-88, 12/29/1988, § 3; by Ord. 480-90, 3/20/1990, § 3; by Ord. 483-90, 7/3/1990, § 1; by Ord. 525-92, 12/15/1992, § 1; and by Ord. 757-2009, 7/1/2009]
1. 
The fees for collection and disposal of refuse placed for collection at ground level and at the edge of the property line of the street from which collection is made shall be as follows:
A. 
For a single-family dwelling, an amount as established from time to time by resolution of the Board of Commissioners for garbage, rubbish and ashes.
B. 
For dwellings containing two or more dwelling units, an amount as established from time to time by resolution of the Board of Commissioners for garbage, refuse and ashes, or, if the owner so elects, subject to the approval of the Township, the owner may pay the fees set forth in Subsection 1C.
C. 
The fees for depositing household items, appliances and tires at the former sanitary landfill are in an amount as established from time to time, by resolution of the Board of Commissioners.
The fees shall be paid at the Sanitation Department, East Pennsboro Township Community and Municipal Center, 98 South Enola Drive, Enola, Pennsylvania 17052.
D. 
For commercial establishments, an amount as established from time to time by resolution of the Board of Commissioners for garbage, rubbish and ashes.
E. 
For a trailer in a trailer park, or for a trailer on a separate lot, an amount as established from time to time by resolution of the Board of Commissioners for garbage, rubbish and ashes.
F. 
The Township shall have the authority to charge a commercial establishment at the fee provided in Subsection 1B, or a dwelling containing two or more dwelling units or a trailer at the fee provided in Subsection 1C, when, in the judgment of the Board of Commissioners, such treatment is necessary in order to impose a fair charge for the service rendered.
2. 
The Township shall provide a rate reduction of 20% per quarter for any individual who qualifies for and participates in the Senior Citizens Property Tax Rebate Program as administered by the Commonwealth of Pennsylvania. Each applicant for the rate reduction must produce tangible evidence of eligibility on a form developed by the Township Manager.
3. 
Payment of Fees and Penalties.
A. 
Refuse collection fees set forth herein will be billed in advance beginning January 1, 1993, and effective for all refuse bills rendered January 1, 1993, and thereafter. Billing will be rendered quarterly on the first days of January, April, July, and October of each year.
B. 
All refuse collection fees shall be due and payable upon presentation and, if not paid within 30 days from the date of billing, a penalty of 10% shall be added. After 60 days, the unpaid bill plus the penalty shall bear interest from the due date at the rate of 1/2% per month until paid in full.
C. 
A service charge will be collected for all checks returned to the Township due to nonsufficient funds ("NSF") and the service charge will represent the service charge the Township is charged by financial institutions for the returned check.
[Ord. 73-60, 3/21/1960, § 8; as amended by Ord. 332-77, 8/16/1977, § 1]
1. 
No person, firm or corporation shall deposit refuse or cause refuse to be deposited in any street, alley or other public place, or in any stream or body of water, or upon private property whether owned by such person or not, within the Township except in proper receptacles for collection or under expressed permit granted by the Township Commissioners.
2. 
Any permits for any activity described in Subsection 1 required by the Commonwealth of Pennsylvania or any department or agency thereof shall be secured by the person, firm or corporation desiring to deposit refuse prior to the time refuse is deposited, or caused to be deposited as aforesaid.
3. 
No person, firm or corporation shall molest, collect, transport through the streets, or interfere with receptacles containing refuse, except those persons, firms or corporations designated from time to time by the Township Commissioners or those persons to whom the Township Commissioners have granted specific permits therefor.
[Ord. 73-60, 3/21/1960, § 9]
Any vehicle transporting or carrying trash, rubbish, ashes or garbage over the streets, alleys and thoroughfares of the Township of East Pennsboro shall be provided with a cover and so operated as to prevent dirt, debris or refuse from being scattered, spilled, dropped or blown therefrom. It shall be unlawful to scatter, spill, dump or drop, or permit to be scattered, spilled, dumped or dropped, any dirt, debris or trash, rubbish, ashes or garbage from any vehicle upon the streets, alleys and thoroughfares in the Township of East Pennsboro.
[Ord. 73-60, 3/21/1960, § 10; as amended by Ord. 757-2009, 7/1/2009]
1. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
2. 
If any section, subsection, sentence, clause, phrase or portion of this Part is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.