[HISTORY: Adopted by the Board of Supervisors of the Township of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-1989 by Ord. No. 89-3]
The following words, as used in this article, shall have the meanings hereby ascribed thereto, unless the context clearly indicates a different meaning:
GARBAGE
All table refuse, animal and vegetable matter, offal from fish, fowls and meat, fruits, vegetables and parts thereof, and other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE MATERIALS
Any fluid or object other than garbage and rubbish which is abandoned or of no further use to its owner.
RUBBISH
All paper, cardboard, rags, broken glass, crockery, bottles, tin cans, wastebasket debris, grass cuttings and small household refuse, generally including incinerator ashes and refuse from paper burners and ashes from heating plants and coal stoves and refuse caused by repairs, alterations, and new constructions of buildings and sidewalks.
TOWNSHIP
The Township of Southampton, Cumberland County, Pennsylvania.
No person shall throw; place or dump any garbage, rubbish or refuse materials upon the shores, margins, or surface of any sewer inlet, stream, drainage ditch, or other body of water within the Township.
All owners of multiple-occupancy premises, all tenants or occupants of all single-family or single-unit dwelling places, and all operators or proprietors of places of business in the Township shall provide sufficient receptacles for the storage of garbage, rubbish and refuse materials. Such receptacles shall be watertight, and of metal or plastic construction, and with tight-fitting covers. The Board of Supervisors, by resolution from time to time, may prescribe additional regulations pertaining to containers, which regulations shall have the same effect as if set out in this article. The Board of Supervisors shall also have authority to require that occupants of multiple dwellings, and commercial and/or industrial premises, place all garbage, rubbish and refuse materials for collection in a special large container, placed in the vicinity of the premises, and designed for use with particular collection vehicles or equipment.
It shall be unlawful for any person to haul or cause to be hauled any garbage, rubbish or refuse materials over any street, way or alley within the Township unless the vehicle for such hauling has a body sufficiently tight and closed at the sides and bottom so as to prevent the contents from dropping or sifting, and has a cover over the portion of such vehicle in which garbage, rubbish and refuse material is hauled, which cover is kept closed at all times except when actually loading or unloading.
Whenever the Board of Supervisors shall find that any garbage, rubbish or refuse materials shall have been accumulated, stored or dumped anywhere in the Township in conflict with other provisions of this article or any other ordinance of the Township, the Board of Supervisors may notify the owner or occupant of the premises on which the garbage, rubbish or refuse materials shall be found, in writing, by mail or personal service, to remove the same within 10 days after the date of the notice. If the same shall not have been removed and lawfully disposed of within such time limit, the Township or its designated representative may remove and dispose of such garbage, rubbish and/or refuse materials and collect the cost of such removal and disposal, with an additional amount of 10% thereof, from such owner or occupant. The imposition of such cost and additional amount may be in addition to any other penalty provided in 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 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.
[Adopted 5-9-2011 by Ord. No. 2011-3]
A. 
Short title. This article shall be known and may be cited as the "Southampton Township Garbage, Recycling, and Bulk Item Collection Ordinance."
B. 
Purpose. The purpose of this article is to provide for the health, safety and welfare of the residents of Southampton Township by regulating the collection, storage, transportation, removal, dumping, deposit, disposal and recycling of garbage.
C. 
Definitions. The following words and terms when used in this article shall have, unless the context clearly indicates otherwise, the meaning given to them in this section:
ALUMINUM
The light weight ductile and malleable metallic substance or element commonly known as "aluminum" and shall include all aluminum food and beverage cans. This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
BULK ITEM(S)
"White goods," furniture items, and wheels (no tires), toilet, and carpet of a size no greater than nine feet by 12 feet. A bulk item shall require no more than two persons to lift. Excluded from the definition of "bulk items" are construction and demolition materials and pianos. The hauler would be responsible for removing any Freon contained in any bulk item.
COMMERCIAL ESTABLISHMENTS
Establishments engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CORRUGATED CARDBOARD
Layered paper or cardboard in which one or more layers is pressed into parallel grooves or ridges and which is normally used for wrapping, packing, shipping and/or storage of dry materials. Specifically excluded from this definition are pressboard and cardboard commonly known as "Asian board" or "Asian cardboard," as well as any corrugated cardboard containing a shiny finished side or sides or which is contaminated with food or other material.
GARBAGE
All matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence of accumulation may injuriously affect the health, comfort or safety of the citizens of Southampton Township. It shall include garbage, rubbish, trash, disposable diapers, and other refuse materials, but shall exclude human body waste, debris from household renovations, whether interior or exterior, dirt, rock, concrete, lead pipe, limbs, the trunks of trees, hazardous wastes, tires, appliances, and warm or hot ashes.
GLASS
The hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass; and shall for the purpose of this article include all materials commonly known as "glass bottles" or "containers." This includes all food and beverage containers made of glass of one-gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly known as "window" or "plate glass," light bulbs, headlights, and mirrors.
HAULER
The person or entity licensed by the Township by means of an independent contract to have the right and privilege, subject to certain limitations, to collect, haul and/or dispose of solid waste and recyclables within the Township of Southampton, but shall not be construed as meaning that such person is an agent, employee, official, or representative of the Township.
NEWSPAPER
Types of paper made from wood pulp and/or other fibrous materials mixed together, whether with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; newspaper does not include magazines or glossy paper insert commonly used in advertisements.
PERSON
Every natural person, firm, corporation, partnership, association, institution, or other entity.
PROCESSING CENTER
Any facility maintained from the purpose of storing, preparing, and/or consolidating recyclable materials (as defined herein) for sale.
PUBLIC NUISANCE
Any premises or part of premises which is capable of being a fire, health or safety hazard due to, but not limited to, accumulation of flammable materials, solid waste, hazardous waste or recyclables; or any premises or part thereof which contains unauthorized accumulation of solid waste or recyclables.
RECYCLABLES
(1) 
Paper: Newspaper and inserts, magazines and catalogs, junk mail and envelopes, office paper, corrugated cardboard boxes, cereal, soda, tissue boxes and other paperboard packaging, paper towel and toilet paper cores, paper bags and phone books. All paper items shall be dry and clean and shall be loose (not in plastic bags).
(2) 
Containers: Aluminum beverage cans, glass bottles and jars, metal food and beverage cans, plastic bottles, containers labeled #1 - #7, and grocery bags. All containers shall be "neck down" empty and clean and shall be loose (not in plastic bags). Specifically excluded from the definition of "recyclables" are tyvek and Styrofoam.
RESIDENTIAL DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
TOTER CART
A ninety-to-ninety-nine-gallon container to be distributed by the hauler that will remain the property of the hauler.
TOWNSHIP
Southampton Township, Cumberland County, Pennsylvania and/or its Board of Supervisors.
TOWNSHIP COLLECTION SERVICE
A service for the collection of solid waste and recyclables in accordance with this article.
TRUCK
A motor vehicle used for the collection of solid waste and recyclables on which has mounted thereon an approved-type watertight sanitary body, or which has a standard truck body made watertight and equipped with means of covering to prevent loss of material by wind.
A. 
Effective July 1, 2011, it shall be mandatory for all persons who are owners, lessees, and occupants of residential dwelling units within the Township of Southampton to separate and store garbage, and recyclables and provide for proper disposal in accordance with the methods provided by this article.
B. 
Effective July 1, 2011, garbage, recyclables, and bulk items from all residential dwelling units located within the Township shall collected by the authorized Township hauler on a weekly basis. The owner of the real estate upon which the dwelling unit is situate shall participate in the mandatory garbage, recyclable and bulk item collection and shall be responsible for all charges and fees related thereto.
C. 
All owners or occupants of residential dwelling units within the Township are required to provide for the regular preparation, collection and removal of garbage and recyclables generated at such dwelling units via the Township and its designated hauler in one of the following manners:
(1) 
"Full service" by weekly disposal utilizing a tote provided by the hauler;
(2) 
"Full service" by weekly disposal via a maximum of three 33-gallon garbage bags or six 15-gallon bags, or the equivalent of a 95-gallon tote; or
(3) 
Purchase of, through the Township office, and use of 33-gallon bags on an "as-needed" basis, subject to a minimum requirement set forth in § 283-9H below, said bags specially designated.
D. 
A maximum of one bulk item may be placed for collection each week for each dwelling unit. The customer shall notify the hauler in accordance with hauler's procedure in order to schedule the pick up of a bulk item.
E. 
Those owners selecting one of the "full service" options shall be billed a fixed charge by the Township and payable directly to the Township. Billing by the Township shall be in advance of service and shall be on a quarterly basis.
F. 
Garbage generated in excess of the ninety-to-ninety-nine-gallon capacity shall be placed in trash bags identified with tags or other distinguishing marker sold by the Township. Any such bags in excess off the ninety-to-ninety-nine-gallon capacity of the tote cart shall be subject to an additional charge by the Township. Such charge shall be the same per-bag cost as the per-bag cost under the per-bag system of collection.
G. 
Recyclables shall be commingled ("single stream") in the container provided by the hauler.
H. 
Those owners selecting the per-bag collection service on as "as-needed" basis shall purchase bags from the Township. Participants in the per-bag system shall be required to purchase a minimum of 12 bags per year.
I. 
An owner may, in the sole discretion of the Township, be granted an exemption from the provisions of this article if owner has reasonable alternative means to collect and dispose of garbage and recyclables. Use of another hauler shall not constitute reasonable alternative means. An owner or occupant seeking exemption shall make application, in writing, on a form provided by the Township.
J. 
It shall be unlawful for any person or entity unauthorized by the Township to collect or remove garbage from any owner's residential property located in the Township. Any and each collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
K. 
It shall be in violation of this article for any person to interfere with a Township licensee(s) or hauler in its performance of collection, transporting and/or disposing of garbage, recyclables and bulk items.
L. 
Failure of an owner to participate, or termination of service for nonpayment to the hauler, shall be a violation of this article and punishable as hereinafter described in § 283-11 hereof.
M. 
Township shall, via written resolution, establish a Fee Schedule for each service option. The Fee Schedule may be amended at any time via resolution adopted by the Board of Supervisors.
N. 
Township may place a municipal lien on owner's property if owner fails to pay within 180 days after a charge is due. The Township may impose reasonable penalties for failure to pay a bill on a timely basis and mail collect costs and reasonable attorney fees.
O. 
The Township of Southampton shall have the right to designate by resolution additional recyclable and bulk item materials and bulk items and to change recyclable materials to be collected depending on feasibility and marketability of recyclable materials and requirements of Pennsylvania state law, rule or regulation, or hauler feasibility.
P. 
Garbage and recyclables shall be collected on the same day.
A. 
Preparation, storage, and collection of garbage, and recyclables.
(1) 
Preparation of garbage and recyclables.
(a) 
Preparation for collection.
[1] 
All garbage shall be drained of liquids before being deposited for collection and shall be separated and stored apart from recyclable materials.
[2] 
Glass and plastic containers shall have caps and lids removed.
[3] 
Glass, cans, and plastics shall be rinsed free of contaminants.
[4] 
All bags containing garbage shall be tied shut.
[5] 
Bulk items shall be clean and drained of all liquids.
[6] 
All materials shall be otherwise prepared for collection in accordance with such regulations as are established by the Township.
[7] 
Hazardous waste as well as any other materials not meeting the definitions of "garbage," "recyclables" or "bulk items" as defined herein shall not be placed in containers or bags for regular collections but rather shall be handled and disposed of in an alternate and safe manner an in accordance with all applicable federal, state, and local statutes, ordinances, rules and regulations.
(2) 
Containers.
(a) 
All garbage placed for collection shall be enclosed entirely within the thirty-to-thirty-three-gallon plastic bag purchased by individual resident for such use, except for toter use or into the toter provided by the hauler in which no bags are required. Garbage placed in the bag shall be in such a quantity that the bag can be tied closed and all contents thereof completely confined within the bag.
(b) 
Taping and/or cutting of bags for the purpose of depositing therein garbage in an amount of excess of the bag's intended capacity is prohibited.
(c) 
Recyclables to be regularly collected by the Township licensee or hauler, with the exception of newspaper, glossy paper and corrugated cardboard, shall be commingled and placed in a recycling container which is clearly distinguishable from the bags used for collection of solid waste. The initial containers for residential customers shall be provided by the Township at no cost; a charge will be made for additional containers and replacement of containers for reasons other than defects therein.
(d) 
Bulk items may also be included, collected on an annual clean-up day decided upon by Township. The collection of such bulk waste shall be subject to the restrictions and requirements of the hauler and the Township.
(e) 
Corrugated cardboard shall be cut and placed in the recycling tote or cut into sections three feet by three feet and tied in bundles not to exceed 40 pounds and placed next to or on top of recycling containers for collection.
(f) 
No person shall store or place any garbage or recyclable in any street, alley or public place or upon any private property, whether owned by such person or not, within the Township, except in proper containers for collection or under an express approval of the Township as designated by the Board of Supervisors. No person shall throw or deposit any garbage or along roadsides, in any stream or other body of water.
(g) 
For purposes of collection, the owner or occupant shall place the garbage, recyclables and bulk item at or near the mailbox.
B. 
Unlawful disposition of recyclables. It shall be unlawful for any person to dispose of any recyclable material or item as defined herein by commingling said recyclables with other solid waste not required to be recycled or to dispose of such items in other places that will not ensure that said items are recycled. Such action shall be a violation of this article subject to enforcement and penalty as set forth in § 283-11 hereof.
C. 
Alternative means of disposal for recyclables. Notwithstanding any provision herein to the contrary, any Township resident or owner of property in the Township may donate or sell any recyclable item or material to any other person or properly permitted and licensed processing center, whether or not for a profit. The donated or sold recyclable items or material, however, shall not be collected by the recipient or purchaser thereof from the location where it is placed for collection unless with prior written permission from the Township.
A. 
Penalties.
(1) 
Any person who violates or assists in 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 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
The presence of any articles containing a person's or owner's name among garbage shall create a rebuttable presumption that the garbage or recyclables is the property of the person whose name is found therein. This presumption can only be rebutted by clear and convincing evidence to the contrary.
(3) 
Nothing herein is intended to preclude the Township's exercise of any additional remedies in law or equity for noncompliance with this article.
B. 
Enforcement. The Code Enforcement Officer or any other agent designated by the Board of Supervisors of Southampton Township shall have the authority to enforce the provisions of this article.
If any section, subsection, clause, or phrase of this article is held unconstitutional or invalid for any reason, such decision shall not affect the remaining portions of this article.
Ordinance 2008-2, dated April 14, 2008, is hereby repealed. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.