[Adopted 11-14-1990 by Ord. No. 1990-02-O]
[Amended 4-10-1991 by Ord. No. 1991-02]
This article shall be known and may be cited as the "Waste Transportation
Ordinance."
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]
E.
All vehicles to which Subsection C., above, applies shall access
Mount Pisgah Road only from Cool Creek Road or State Route 0124 (East
Prospect Road), and from no others.
[Added 10-9-2008 by Ord.
No. 2008-04]
[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.
