[Amended 4-10-1991 by Ord. No. 1991-02]
This article shall be known and may be cited as the "Waste Transportation Ordinance."
[Adopted 11-14-1990 by Ord. No. 1990-02-O]
For the purposes of this article, the following words, terms, and phrases shall have the meanings ascribed to them in this section.
Any residue remaining after the combustion of municipal waste or residual waste at an incinerator, resource recovery facility, or other facility.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial, or institutional establishments and from community activities and any sludge from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
Any person, other than a lienholder, having the property right in or title to a vehicle or conveyance, including a person entitled to the use and possession of a vehicle or conveyance subject to a security interest in another person, and including a person entitled to use and possession of a vehicle or conveyance under a lease.
The halting or temporary storing of a vehicle or conveyance, whether occupied or not.
Any individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility.
Every device in, upon, or by which any waste is transported or drawn, but does not include automobiles and pickup trucks of less than 10,000 pounds allowable gross weight.
[Amended 4-10-1991 by Ord. No. 1991-02]
The Township of Lower Windsor, York County, Pennsylvania.
The movement of waste from one site to another at any time after generation, including the movement of any waste remaining in a vehicle or conveyance after such vehicle or conveyance leaves the intended disposal site for such waste.
Any incinerator ash, municipal waste, or residual waste.
No person shall use a vehicle or conveyance, or permit a vehicle or conveyance of which he or she is the owner to be used, for the transportation of waste in or through the Township unless:
A.
Such waste shall be enclosed, covered, or otherwise managed at all times during such transportation, including any time that such vehicle or conveyance is parked, to prevent roadside littering, dust, leakage, attraction or harboring of vectors, and the creation of other nuisances; and
B.
The vehicle or conveyance in which such waste is being so transported shall bear, in lettering clearly visible, easily readable, and at least six inches in height, the following information:
(1)
The actual and commonly recognized name of the owner of the vehicle or conveyance.
(2)
The address, including the city, state, and five digit zip code, of the principal place of business of the owner of the vehicle or conveyance.
(3)
The type of waste the vehicle or conveyance is transporting in or through the Township, such as "municipal waste," "residual waste," or "municipal/residual waste";
C.
Said vehicle is operated only on State Route 0124 or on State Route 2009 (commonly known as "Mount Pisgah Road") through the Township; provided, however, that this subsection shall not apply to vehicles engaged in the pickup and transportation of waste generated in Lower Windsor Township nor shall it apply to vehicles engaged in the hauling of sludge to be dumped at locations (other than Modern Landfill) pursuant to a permit issued by the Pennsylvania Department of Environmental Protection;
[Added 4-10-1991 by Ord. No. 1991-02; amended 11-13-1991 by Ord. No. 1991-06]
D.
Said vehicle is operated in Lower Windsor Township only between the hours of 6:00 a.m. and 6:00 p.m. prevailing time Monday through Friday and between the hours of 6:00 a.m. and 1:00 p.m. prevailing time on Saturdays, and at no other time;
[Added 4-10-1991 by Ord. No. 1991-02]
[Amended 9-12-1996 by Ord. No. 1996-03; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also constitute a separate offense.
If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared; invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
This article shall become effective five days after adoption.