[HISTORY: Article I adopted by the Borough Council of the
Borough of Strausstown as indicated in article history; subsequent
amendments adopted by the Board of Supervisors of the Township of
Upper Tulpehocken. Article II adopted by the Board of Supervisors
of the Township of Upper Tulpehocken as indicated in article histories.
Amendments noted where applicable.]
[Adopted by the Borough Council of the Borough of Strausstown 12-7-1987 by Ord. No. 101; amended in its entirety 10-25-2022 by Ord. No. 5-2022 ]
This article shall be known as the "Sanitation and Refuse Disposal
Ordinance."
For the purpose of this article, the following terms, phrases
or words shall have the meaning ascribed to them in this section except
where the context in which the word is used clearly indicates otherwise.
Residue from the burning of wood, coal, coke, or other combustible
material.
Any condition which provides the necessary environment for
the birth or hatching of vectors.
As considered in this article, is held to be those contained
in ditches, pools, ponds, streams, excavations, holes, depressions,
open cesspools, privy vaults, fountains, cisterns, tanks, shallow
wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets,
roof gutters, tanks of flush closets, reservoirs, vessels, receptacles
of any kind, or other containers or devices which may hold water.
The use of premises other than as a dwelling and independent
of any dwelling unit.
A building used for residential purposes, except hotels,
boarding- and lodging houses, tourist cabins, motels and trailers.
One or more rooms in a dwelling which room or rooms have
fixed cooking facilities arranged for occupancy by one person, two
or more persons living together, or one family.
The control and elimination of vectors by eliminating their
harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, fogging,
larviciding, trapping, or by any other recognized and legal vector
control elimination methods approved by the local or state authority
having such administrative authority.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of foods.
Any place where vectors can live, nest or seek shelter.
An entity licensed by the agencies of the Commonwealth of
Pennsylvania having jurisdiction to collect, transport, and dispose
of garbage, refuse, and rubbish.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes (excluding
body wastes), including garbage, rubbish, ashes, solid industrial
waste, dead animals and street cleanings.
Includes glass, metal, paper, grass, plant growth, wood,
branches and ashes.
Upper Tulpehocken Township, Berks County, Pennsylvania, and
its elected and appointed officials.
A rodent, arthropod, or insect capable of transmitting a
disease or infection. Vectors shall include, but not be limited to,
rats, mosquitoes, cockroaches, flies, ticks, etc.
A form of construction to prevent the ingress or egress of
vectors to or from a given space or building or gaining access to
food, water, or harborage. This term shall include, but not be limited
to, rat proofing, fly proofing, mosquito proofing, etc.
The Village of Strausstown, Berks County, Pennsylvania, in
the Township of Upper Tulpehocken.
A.
Accumulation prohibited. All exterior property and premises and the
interior of every structure shall be free from any accumulation of
municipal waste.
B.
Method of disposal. The occupants of a structure shall dispose of
all municipal waste in a clean and sanitary manner by placing such
municipal waste in approved containers.
C.
Containers required. The owner of every dwelling shall supply approved
leakproof, covered, outside garbage containers of sufficient number
so that all garbage and refuse of all of the occupants of the premises
can dispose of their municipal waste in a garbage container and so
that no municipal waste is stored by any occupant of the premises
outside of a garbage container at any time.
D.
Storage of municipal waste. The owner of any premises shall provide
at all times approved leakproof containers with close-fitting covers
for the storage of municipal waste until such time as the municipal
waste is removed from the premises for disposal.
E.
Removal by licensed haulers. Every owner in the Village shall contract
with an individual, entity or firm which is a licensed hauler by the
Commonwealth of Pennsylvania to have all the municipal waste generated
on the premises by any of the occupants of the premises removed on
a weekly basis or more often.
F.
Proof of contract required. On annual basis, the owner of any real
estate within the Village shall present proof adequate in the judgment
of the Township Manager or other designee that the owner of said real
estate has a current contract with a licensed hauler to dispose of
municipal waste generated on the premises on a weekly basis or more
often. The owner of the premises shall have 72 hours to provide proof
to the Township Manager or other designee that they have a current
contract with a licensed hauler to provide sufficient service to satisfy
the terms and conditions of this article.
G.
Duties of haulers. Any hauler picking up municipal waste in the Village
shall be required to advise the Township Manager, in writing, within
72 hours after request from the Township as to whether an owner has
a current contract for municipal waste disposal from his or her premises
in the Village. Furthermore, all licensed haulers shall cooperate
with the Township Manager or Township Manager's designee in providing
information in the event that an action is instituted to enforce the
terms and conditions of this article.
A.
Refuse containers.
(1)
All garbage and all other refuse, when possible, shall be placed
in containers. Nothing herein contained shall prevent the use of garbage
bags as containers.
(2)
Refuse containers shall be of durable, watertight, rust-resistant
material having a close-fitting lid and handles to facilitate collection.
(3)
Refuse containers for residences shall not be more than 32 gallons
in capacity and shall be of such size as can be handled easily by
one person. Containers for commercial establishments shall not exceed
40 gallons in capacity with a maximum weight of 75 pounds, unless
mechanically loaded commercial dumpsters approved by the licensed
hauler with whom the property owner has contracted are used.
(4)
Containers containing garbage shall be covered with a lid which fits
securely and prevents access to flies and other insects.
(5)
It shall be unlawful to permit the accumulation of residue of liquids,
solids or a combination of such material on the bottom or sides of
containers, it being the intention of this provision that the interior
of containers shall be kept clean by thorough rinsing and draining
as often as necessary.
(6)
All containers shall be kept in a sanitary condition and shall be
kept in good condition. Any container that does not conform with this
article or that is likely to injure the collector or his employees,
or hampers the prompt collection of refuse, shall be replaced upon
notice. Failure to replace said defective container may result in
the loss of refuse collection until such time as the container is
replaced.
B.
Accumulation of refuse.
(1)
No person shall place any refuse upon any street, alley, walk or
other public place, or upon any private property, except in proper
receptacles for collection, or where the refuse is of such size and
shape as not to permit its being placed in containers.
(2)
No person shall deposit refuse in any stream or body of water. In
no event shall refuse be placed on the property of another without
the consent of the owner.
(3)
No person, except the occupants of the property on which the container
is placed and an authorized collector, shall remove the lids of the
container and/or remove the contents thereof.
(4)
Refuse of a highly inflammable or explosive nature, or highly infectious
or contagious refuse shall not be stored for ordinary collection,
but shall be disposed of in accordance with the directions of the
Commonwealth of Pennsylvania, Department of Environmental Protection.
(5)
No person shall allow refuse to accumulate so that it shall or may
afford food, harborage or breeding areas for rats, flies or other
vectors.
C.
Location of containers.
(1)
Refuse containers shall be placed according to the distances set
forth in the following subsection, for collections by the collector
from the street or alley abounding and abutting the property.
(2)
Refuse containers shall be placed for collection at ground level
on the property, not within the cartway of a street or alley and accessible
to, and not more than 10 feet from the side or curb of the street
or alley from which collection is made.
(3)
It shall be unlawful to permit containers to remain at the curbside
or along a public right-of-way for periods longer than 24 hours'
prior to or following regularly scheduled collection days.
A.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that he occupies and controls.
C.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of insects, and/or rodents, on
the premises; and every occupant of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for such
extermination whenever his dwelling unit is the only one infested.
Notwithstanding the foregoing provisions of this subsection, whenever
infestation is caused by failure of the owner to maintain a dwelling
in a rodentproof or reasonable insectproof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists
in two or more of the dwelling units in any dwelling, or in the shared
or public parts of any dwelling containing two or more dwelling units,
extermination shall be the responsibility of the owner.
D.
Whenever it shall be determined that any dwelling, building, structure,
accessory structure, premises, collection of water, or any other place
is in violation of this article, a notice shall be issued setting
forth the alleged violations, and advising the owner, occupant, operator,
or agent that such violations must be corrected. The time for the
correction of said violations must be given as well as the necessary
methods to be employed in the correction.
E.
Whenever said violations shall fail to be corrected within the time
set forth, and an extension of this time is not deemed to be necessary,
the municipality may proceed to abate said violations in the manner
provided by the law.
On and after the passage of this article, it shall be unlawful
to dump or deposit, except for collection under the terms of this
article, any garbage, ashes, rubbish or refuse of any nature at any
place within the confines of the Village.
Any person or persons convicted of violating any of the provisions
of this article shall be subject to a fine not to exceed $1,000 per
violation, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Berks County
Prison to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Township Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under the Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. Each day or portion thereof that a violation continues
or is permitted to continue shall also constitute a separate offense.
This article shall become effective January 1, 2023.
[Adopted 12-9-2014 by Ord. No. 5-2014]
The following terms shall have the meanings as set forth below
when used in this article:
County of Berks, Commonwealth of Pennsylvania.
Includes, but is not limited to, depositing of litter, durable
goods, small appliances, furniture, carpeting, tires and other municipal
waste, solid waste, hazardous waste, any other waste, construction
or demolition debris, or any unauthorized nonrecyclable materials
at the recycling facility, or placement of recyclable materials outside
of designated containers at the recycling facility.
Those receptacles, and the immediate area around them, put
in place for the specific purpose of collecting recyclable materials,
located at 6501 Old Route 22, Bernville, PA 19506.
Persons engaged in the collection, storage, or transport
of municipal waste or recyclable materials or solid waste.
Includes, but is not limited to: all waste material, garbage,
municipal waste, damaged and deteriorated furniture or motor vehicle
seats, trash, grass clippings, trimmings, dirt or other substances
of any nature which, if thrown, scattered, or deposited as herein
prohibited, tend to injuriously affect health, safety and welfare
or tend to have a detrimental or unsightly impact on the environment.
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.
The term does not include recyclable materials or hazardous waste
or residual waste. The term includes materials which could be recycled
at the source, but are not.
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. The
term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
The following materials:
GLASSClear, green, and, brown bottles and jars.
PLASTICSNos. 1 through 7, bottles and containers only.
ALUMINUM CANSFood and beverage cans only.
BIMETAL CANSAny food containers.
MIXED PAPERNewspaper, magazines, phone books, junk mail, office paper, lightweight cardboard, catalogs.
Includes municipal waste, residual waste, sewage sludge,
infectious or chemotherapeutic waste, resource recovery ash residue,
recyclable materials, leaf waste as defined in Act 101,[1] hazardous waste, and all nonliquid waste.
Upper Tulpehocken Township, Berks County, Pennsylvania.
A material whose original purpose has been completed and
which is directed to a disposal, processing, or beneficial use facility
or is otherwise disposed of, processed, or beneficially used. The
term does not include recyclable materials.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
No person shall throw, scatter, dispose of, or deposit litter,
waste, or solid waste, or any other object than authorized recyclable
materials into any receptacle or grounds of the recycling facility
or any other such facility as may be established by the Township or
the county. Further, no person shall throw, scatter, dispose of, or
deposit recyclable materials in locations in the recycling facility
any place except the designated recycling container for such material(s).
All receptacles and other areas of the facility shall be used for
recyclables as that term is described in this article, and in accordance
with instructions distributed to residents and/or posted at the facility.
Any person may report violations of this article by giving a
verbal or written report to the Township Secretary or the Police Department
having jurisdiction of the facility.
In order to carry out the powers and duties required to implement
this article, the Township may adopt and enforce rules and regulations
consistent with this article. Such rules and regulations may be adopted
and/or amended by resolution.
It shall be unlawful for any person to violate, or cause, permit,
or assist in the violation of any provision of this article or rule(s)
and/or regulation(s) adopted hereunder. All unlawful activity in violation
of this article shall also constitute a public nuisance.
Any person violating any provision of this article, or any provision
of the rules and regulations adopted under this article shall, upon
conviction in a summary criminal proceeding, be sentenced for each
violation to pay a fine of not more than $1,000, plus costs of prosecution
and restitution, if any, and, if in default of such fine or costs,
to undergo imprisonment for up to 90 days. Each violation of any provision
of this article, or of any provision of the rules and regulations,
and each day that a violation shall occur, exist, or continue to exist,
shall constitute a separate violation and offense.
In addition to any other remedy provided in this article, the
Township may institute proceedings to restrain any violation of, or
to require compliance with, this article and/or rules and regulations
adopted hereunder.
The penalties and remedies set forth in this article are in
addition to, and not in lieu of, any fines, penalties, or remedies
provided in commonwealth, federal, or other local laws, rules, or
regulations, or remedies available at law and equity.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors of Upper Tulpehocken Township that this article
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.
[Added 10-10-2017 by Ord.
No. 9-2017]
A.
Key fob access and fees. Access to the Township dropoff recycling
center shall be exclusively by means of a key fob issued by the Township.
The Township shall charge nonrefundable fees for the following per
calendar year for the key fob (for Township residents and nonresidents),
in such amounts as set from time to time by resolution of the Township
Board of Supervisors. There shall be also be a fee for replacement
of lost key fob.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Rules and regulations. Persons utilizing the Township dropoff recycling
center shall obey all posted signs at the site, including but not
limited to: to hours of operation, permitted and prohibited materials,
separation and/or bundling of materials, use of the recycling bins,
and prohibition of disposal of certain materials.
C.
Unlawful activity. It shall be unlawful for any person to violate,
or cause, permit, or assist in the violation of any provision of this
article or rule(s) and/or regulation(s) adopted hereunder. All unlawful
activity in violation of this article shall also constitute a public
nuisance.
D.
Penalty. Any person violating any provision of this section, or any
provision of the rules and regulations adopted under this article
shall, upon conviction in a summary criminal proceeding, be sentenced
for each violation to pay a fine of not more than $1,000, plus costs
of prosecution and restitution, if any, and, if in default of such
fine or costs, to undergo imprisonment for up to 90 days. Each violation
of any provision of this article, or of any provision of the rules
and regulations, and each day that a violation shall occur, exist,
or continue to exist shall constitute a separate violation and offense.
