[Adopted 3-2-2023 by Ord. No. O-3-2023]
An article to establish requirements for the proper handling
of yard waste in the Township of Elk, so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this article.
This article shall be enforced by the Elk Township Police Department,
Elk Township Public Works Department and/or Elk Township Code Enforcement
Official.
Any person who shall violate any of the terms or provisions
of this article or shall commit or do any act or thing prohibited
by the terms of this article shall, upon conviction thereof, be subject
to a fine not exceeding $1,250, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days. Offenses
on separate days shall be deemed to be separate offenses, so that
a continued violation from day to day shall be construed to be a new
violation for each day such violation occurs.
