[Adopted 12-27-1994 by Ord. No. 260]
This article shall be known as the "Newberry Township Municipal
Waste Collection and Disposal Ordinance."
The following words, terms and phrases shall have ascribed to
them the meanings herein set forth, unless the use of such word, term
or phrase in context clearly indicates a different meaning:
The person, corporation or partnership with whom the Township
of Newberry shall enter into a contract for collection, transportation
and disposal of municipal waste.
A building used for residential purposes, except hotels,
apartments with more than six dwelling units, mobile homes in mobile
home parks and motels.
One or more rooms in a dwelling, which room or rooms have
fixed cooking facilities arranged for occupancy by one person, two
or more persons living together or one family.
Any garbage, refuse, 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 and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, public and private
schools and educational facilities, other governmental agency or any
other entity or any group of such persons which is recognized by law
as the subject of rights and duties. In any provisions of this article
prescribing a fine, penalty or imprisonment, the term "person" shall
include the officers and directors of a corporation or other legal
entity having officers and directors.
The Township of Newberry, York County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established in the Township a mandatory collection,
transportation and disposal program for the collection, transportation
and disposal of municipal wastes. The Township is authorized to promulgate
such rules and regulations as are necessary to implement the collection,
transportation and disposal program for municipal waste. The Township
is authorized to enter into a contract with a contractor for the collection,
transportation and disposal of municipal waste, which contract shall
contain such terms and conditions as the Township shall deem appropriate.
On and after the effective date of this article, only the contractor
authorized by the Township shall collect, transport and dispose of
municipal waste from dwellings
within Newberry Township.
Each person owning or occupying a dwelling unit within the Township
shall have the municipal waste generated by the dwelling unit collected,
transported and disposed of by the contractor in accordance with the
terms and conditions of a contract between Township and contractor.
Each owner or occupant of a dwelling unit shall provide refuse
cans of durable, watertight, rust-resistant material having a close-fitting
lid and handles to facilitate collection and having a capacity of
not more than 32 gallons. In lieu thereof, each resident of a dwelling
unit may use heavy-duty plastic containers sealed and made watertight,
of such size as can be handled by one person. The maximum weight of
a filled container shall not exceed 60 pounds and the maximum weight
of a filled plastic bag shall be limited to such weight as will not
cause the bag to break when lifted and carried to contractor's equipment.
Tree trimmings, hedge clippings and similar municipal waste shall
be cut in lengths not exceeding four feet and shall be securely tied
in bundles before being deposited for collection. Newspaper, magazines
and other printed matter, not placed in containers and not subject
to recycling requirements, shall be securely tied in bundles not exceeding
40 pounds in weight. All municipal waste containers or plastic bags
shall be securely covered or tied, as the case may be.
Contractor shall collect six containers, plastic bags or bundles
of the authorized size and weight on each collection day. Where contractor
has not made a collection by reason of the failure of the residents
of a dwelling unit to comply with this article or regulations, the
contractor shall report the matter in writing to the Township. Tires,
removed from the wheels, less than 32 inches in diameter and 12 inches
maximum tread width, shall count as one container.
The contractor shall collect municipal waste on both sides of
all public streets and highways in the Township which are maintained
and adopted by either the Township or the Commonwealth of Pennsylvania
and on all private roads as directed by the Township. Collection shall
be made from the front curbline or, where there is no curb, immediately
next to the cartway of the public street or road.
The contractor shall collect municipal waste in accordance with
the terms of the contract between contractor and Township, but in
no event less than one time per week from each dwelling unit. The
contractor shall not commence the collection of municipal waste before
the hour of 7:00 a.m., prevailing time, and shall continue collection
until all municipal waste is removed. Collection shall be completed
not later than 7:00 p.m., prevailing time. If collections are missed
on account of a holiday, the contractor shall pick up double the amount
of refuse if placed at each pickup place on the next regular collection
day.
Trucks used in making the collections shall have completely
closed bodies and shall be of such size as to be able to traverse
all streets and alleys on the regular collection routes. All such
equipment shall be approved by the Department of Environmental Protection
of the Commonwealth of Pennsylvania.
Municipal waste containers shall be picked up at the designated
places and emptied into the collection truck. No municipal waste may
be spilled on the roads and streets of the Township and the contractor
must make every effort to prevent scattering of refuse, particularly
paper and other light material, by the wind. Contractor must take
care not to damage containers belonging to residents of the Township,
and in the event of willful or unnecessary damage to such containers,
contractor shall be liable for the same. Contractor shall promptly
notify the Township if any residents claim damage to containers other
than reasonable wear and tear.
Contractor shall collect and dispose of recyclable materials in accordance with Article I of this chapter, Mandatory Separation and Collection of Recyclables, which article was adopted by Newberry Township on May 7, 1990.
[Amended 3-24-1998 by Ord. No. 278; 3-11-2003 by Ord. No. 295]
Each owner of a dwelling unit within Newberry Township shall
pay to the Township a quarterly fee for the collection, transportation
and disposal of municipal waste. The quarterly fee charged by Newberry
Township shall be established by resolution of the Board of Supervisors
of Newberry Township. Any quarterly fees remaining unpaid after the
due date may be filed as a municipal lien in accordance with the provisions
of the Municipal Lien Law or any such unpaid fees may be collected
by an appropriate civil suit filed by the Township to collect the
unpaid quarterly fees.
The contractor shall become the owner of the municipal waste
at such time as it is collected from each dwelling unit.
Contractor shall dispose of municipal waste only at a landfill
or incinerator owned and operated by or on behalf of the York County
Solid Waste and Refuse Authority.
The owners or occupants of residences that do not constitute
a dwelling or dwelling unit as defined in this article shall enter
into a contract with a person authorized or licensed by the Commonwealth
of Pennsylvania to collect, transport and dispose of municipal waste,
which contract shall provide for the collection and transportation
of municipal waste from the premises and which contract shall provide
for the disposal of the municipal waste at a landfill or incinerator
owned and operated by or on behalf of the York County Sold Waste and
Refuse Authority. A copy of the contract referred to in this section
shall be filed with the Township by the owner or occupant of the premises.
Contractor shall comply with all statutes and laws of the Commonwealth
of Pennsylvania and all ordinances of Newberry Township in any manner
relating to the collection, transportation and disposal of municipal
waste.
[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.
A.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people of Newberry
Township shall prevail. In any case where a provision of this article
is found to be in conflict with a provision of any other ordinance
or code in Newberry Township existing on the effective date of this
article, which establishes a lower standard for the promotion and
protection of the health and safety of the people of Newberry Township,
the provisions of this article shall be deemed to prevail, and such
other ordinance and/or codes are hereby declared to be repealed to
the extent that they may be found in conflict with this article.
B.
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, to this end, the
provisions of this article are hereby declared to be severable.
This article shall take effect on January 2, 1995.
