[Adopted 2-7-1955 by Ord.
No. 4]
As used in this article, the following terms shall have the
meanings indicated:
Includes any offal or refuse of fish, fruit, vegetables,
animal matter or organic substance subject to fermentation or decay,
and any and all such other matter of a similar type and nature.
As used in this article, is declared to include any person
or persons, partnership, firm or corporation.
As used in this article, is declared to include paper, rags,
excelsior, straw boxes, cartons, old clothing, mattresses, old shoes,
leather scraps, oilcloth, carpet, Christmas trees and decorations,
pruning, home vines, ashes and any and all other waste materials,
inflammable or otherwise, which shall result from ordinary conduct
of business, manufacturing or housekeeping.
It shall be unlawful for any person to dump or accumulate or
to cause or allow to be dumped or accumulated any garbage on any land,
public or private, within the limits of the Township of North East,
Erie County, Pennsylvania.
It shall be unlawful for any person to dump or accumulate or
to cause or allow to be dumped or accumulated on any land, public
or private, within the limits of the Township of North East, Erie
County, Pennsylvania, any rubbish or waste material of any kind, without
first obtaining a permit as herein provided.
This article is declared not to apply to the disposal of garbage
or rubbish by any person on his own land, which has accumulated from
domestic, agricultural or industrial use of that land, provided such
disposal does not result in or create a nuisance.
Any person who desires to establish, permit or maintain a dumping
grounds for the accumulation of rubbish, refuse, or waste material
of any sort, within the limits of the Township shall first make application
therefor to the Board of Supervisors of said Township, which application
shall set forth the location and ownership of the land, the type of
material to be dumped and the character of the supervision to be furnished.
Said application shall be signed by the owner of the land upon which
it is proposed to establish the dump and by the person or persons
who propose to establish and operate said dump.
If, upon application for such permit and after investigation
of the premises and circumstances, the Supervisors are satisfied of
the propriety of the establishment and maintenance of said dump, they
shall, after applicant shall furnish such security as said Supervisors
may require to abide by all conditions of the permit and to observe
all rules and regulations relating to the use of said land and the
operation of said dump, issue a permit therefor, which permit shall
state on its face the conditions under which said dump shall be maintained,
and rules and regulations to govern the use of said land and the operation
of said dump. Evidence of the granting of the permit, together with
the number thereof, shall be prominently displayed at all times upon
the land where any dump is maintained.
If any person shall cause or allow the violation of any conditions
under which his permit was issued, or the violation of any rule or
regulation which governs the use of the land and the operation of
such dump, the Supervisors may, after 15 days' written notice to said
person, or his sureties, of said violation, cancel his permit, clean
up said dump and collect the cost thereof from the owner of the land,
the operator of the dump or the surety.
Any person who shall dump or accumulate, or cause or allow to
be dumped or accumulated, any garbage or rubbish or any other waste
material in violation of this article shall, upon 15 days' receipt
of written notice from the Township Supervisors, remove such garbage
or rubbish or any other waste material from the Township. Upon the
failure of such person to remove such garbage or rubbish or other
waste material within 15 days from receipt of written notice from
the Township Supervisors, the Township Supervisors may remove such
garbage or rubbish or other waste material, and the costs incident
to said removal shall be assessed upon such person disposing of garbage
or rubbish or any other waste material in violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
