[HISTORY: Adopted by the Board of Supervisors of the Township
of Hamiltonban as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-1-1998 by Ord.
No. 1998-09]
For the purpose of this article, the following terms, phrases
or words shall have the meanings 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 customer, whether a commercial establishment, dwelling
or dwelling unit, normally requiring more than three thirty-two-gallon
containers per week to hold the refuse to be collected.
The use of any premises as other than a dwelling, and shall
include hotels, boardinghouses and lodging houses, tourist cabins,
motels and trailers. "Commercial establishment" shall also include
any multifamily residences occupied by more than two families.
The receptacle in which the refuse is placed for collection,
including cans, boxes, and plastic bags; provided, however, that they
are so constructed so as to be fit for permanent use, or in the case
of bags, for one time use.
The County of Adams, Commonwealth of Pennsylvania.
Waste materials consisting of stones, brick, plaster, broken
concrete or earth, in such quantity and size as shall not violate
the restriction hereinafter set forth with respect to the size and
weight of containers.
A building used for residential purposes but shall not include
hotels, boardinghouses and lodging houses, tourist cabins, motels
and trailers, which shall be considered commercial establishments.
"Dwelling" also shall not include more than two attached dwelling
units.
One or more rooms in a dwelling which room or rooms have
fixed cooking facilities and are arranged for occupancy by one person,
two or more persons living together or one family.
All animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
Garbage, rubbish, ashes, debris, 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 or from community
activities.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Those materials which may be processed or refabricated for
reuse and which are specified by the Township and the county for separation
from the regular municipal waste. Such materials may include, but
not be limited to, aluminum cans, bimetal or tin containers, clear
and colored glass containers, newspapers and plastic beverage containers.
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed or processed
as municipal waste.
Any residential unit occupied by persons other than the owners
of the property on a lease basis.
Any customer, whether a commercial establishment, dwelling
or dwelling unit, normally requiring three or fewer thirty-two-gallon
containers per week to hold the municipal waste to be collected.
All solid household wastes, except body wastes, other than
garbage, ashes, yard waste and debris, such as magazines, glass other
than containers, ceramics, plastics other than beverage containers
and laundry detergent containers, small scraps of wood, etc.
The Township of Hamiltonban, Adams County, Pennsylvania,
and the Board of Supervisors of the Township of Hamiltonban.
That individual, partnership, firm, corporation or business
entity designated by the Board of Supervisors by means of an independent
contract as the person having the exclusive right to collect refuse
within the Township, but shall not be construed as meaning that said
person is an employee, official or representative of the Township.
Grass clippings, leaves, garden residues, shrubbery, tree
trimmings, and similar biodegradable organic matter.
A.
It shall be mandatory for every rental unit and commercial establishment within the Township to have all their municipal waste collected in accordance with the schedule set forth in § 295-4 of this article. Said collection shall be performed by the Township collector, and the owner of the rental unit and/or commercial customer shall be responsible for the payment of the costs of said collection in accordance with this article.
B.
Municipal waste collection for residential customers, other than
those occupying rental units, shall be voluntary. Any residential
customer desiring municipal waste collection shall contract with the
Township collector.
It shall be unlawful for any person other than the Township
collector to collect and haul municipal waste within or from the Township.
No person may contract with any hauler of municipal waste unless such
hauler is authorized to collect municipal waste within the Township
pursuant to this article.
A.
All municipal waste, excluding those items set forth in Subsection B of this section, generated by residential customers shall be collected once a week at a time set by the Township collector and approved by the Township. The maximum quantity of municipal waste allowed for each dwelling and/or dwelling unit for each collection day shall be five containers weighing not more than 75 pounds each nor exceeding a volume of 32 gallons each, unless the Township collector and the residential customer may otherwise agree from time to time.
B.
All tree trimmings, hedge clippings and similar yard waste shall
be cut in lengths not exceeding three feet and shall be securely tied
in bundles not exceeding 40 pounds in weight.
C.
All commercial customers shall be required to make arrangements directly
with the Township collector for collection of their municipal waste.
Such collection shall not be less often than weekly and shall be at
intervals short enough to prevent unsafe, unsightly or unsanitary
accumulations of municipal waste. Commercial customers shall be permitted
to place a dumpster or other similar container for the disposal of
municipal waste on its premises, provided such container does not
interfere with the flow of traffic around the commercial establishment.
Containers shall be of durable, watertight, rust-resistant material
having a close-fitting lid and handles to facilitate collection. All
containers shall be kept in good and sanitary condition without the
accumulation of residue of liquids, solids or a combination of such
material on the bottom or sides of the container. Any container that
does not conform with this article or that is likely to injure the
Township collector or his employees or hamper the prompt collection
of municipal waste shall be replaced upon notice. Failure to replace
said defective container may result in the loss of municipal waste
collection until such time as the container is replaced.
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. No containers shall be placed
for collection at the curbside or along a public right-of-way earlier
than 8:00 p.m. the evening prior to a scheduled collection date, nor
shall any such container be permitted to remain at the curbside or
along a public right-of-way for more than 10 hours after such collection.
Every residential customer and commercial customer within the
Township desiring recyclable materials collections shall be required
to separate all recyclable materials from municipal waste and place
such recyclable materials in a specially designated container to be
provided by the Township collector at the residential customer's or
the commercial customer's expense. The residential customer and the
commercial customer shall separate the following recyclable materials:
newspapers, aluminum cans, bimetal cans, clear and colored glass containers,
plastic PET No. 1 and HDPE No. 2 beverage containers and detergent
containers. All recyclable materials shall be placed at the curbside
for collection in the same manner and at the same time as other municipal
waste.
A.
Fees for residential customers.
(1)
The fees for collection and disposal of municipal waste and recyclable
materials from residential customers shall be at a rate as established
by a contract between the Township and the Township collector.
(2)
The fees set forth herein shall be billed and collected by the Township
collector. Such fees shall be billed not less often than quarterly.
The fee for municipal waste disposal shall be the responsibility of
the residential customer.
B.
Fees for commercial customers.
(1)
The fees for collection and disposal of municipal waste from commercial
customers shall be negotiated by the commercial customers with the
Township collector.
(2)
The fees set for collection of municipal waste of commercial customers
shall be paid by the owner, tenant, lessee or occupant of the premises
as billed by the Township collector.
On and after the passage of this article, it shall be unlawful
at any place within the confines of the Township to dump or deposit,
except for collection, garbage, ashes, rubbish or any other municipal
waste of any nature.
A.
Any person violating any of the provisions of this article shall,
upon conviction therefor, be sentenced to pay a fine of not more than
$1,000, and costs of prosecution, and, in default thereof, to suffer
imprisonment for not more than 30 days. A separate offense shall be
deemed committed on each period of 10 days during which a violation
of this article continues.
B.
In addition to the foregoing penalty, the Township may require the
owner or occupier of the property to remove any accumulation of municipal
waste, and should said person fail to remove the same within 10 days
of written notice, the Township may cause the same to be done and
collect the costs thereof, together with a penalty of 10% of such
costs, in the manner provided by law for the collection of municipal
claims or by civil action or may seek relief by bill in equity.
If any section, clause, provision or portion of this article
shall be held invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this article so long as it remains workable.
