This article shall be known as the "Newberry Township Municipal Waste Collection and Disposal Ordinance."
[Adopted 12-27-1994 by Ord. No. 260]
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.
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.
[Amended 3-24-2026 by Ord. No. 439]
A.
The contractor shall collect municipal waste in accordance with the terms of the contract between the contractor and the Township, but in no event less than one time per week from each dwelling unit.
B.
Unless otherwise expressly permitted by contract or authorized by the Township Manager, collection shall occur between the hours of 6:00 a.m. and 6:00 p.m., prevailing time. The Township Manager is authorized to approve temporary or permanent adjustments to collection hours, schedules, or routes due to holidays, weather events, emergencies, equipment failures, or other operational needs.
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.
[Amended 3-24-2026 by Ord. No. 439]
The contractor shall collect and dispose of recyclable materials in accordance with Article I of this chapter and the terms of the Township's authorized solid waste and recycling collection contract. The Township or its authorized contractor may designate recyclable materials consistent with the requirements of the Pennsylvania Department of Environmental Protection and the York County Solid Waste Authority.
[Amended 3-24-1998 by Ord. No. 278; 3-11-2003 by Ord. No. 295; 3-24-2026 by Ord. No. 439]
All service fees for municipal waste and recycling collection shall be established and adjusted exclusively by contract approved by the Board of Supervisors and by resolution adopting the Township Fee Schedule.
[Amended 3-24-2026 by Ord. No. 439]
Recyclable materials shall become the property of the Township upon placement at the curbside and shall transfer to the Township's authorized contractor upon collection, consistent with the Township's exclusive collection contract.
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.
[Amended 3-24-2026 by Ord. No. 439]
Enforcement of contractor performance standards, service levels, penalties, and remedies shall be governed exclusively by the terms of the Township's authorized contract and shall not be subject to criminal enforcement under this chapter.
[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.
[Added 3-24-2026 by Ord. No. 439]
The Township Manager is authorized to administer and enforce the provisions of this chapter, approve temporary schedule adjustments, authorize early or delayed collections, resolve service complaints, and issue administrative rules and procedures consistent with this chapter and the Township's authorized solid waste and recycling collection contract.