As used in this Article, the following terms
shall have the meanings indicated:
AUTHORIZATION
Permission or consent from the person, resident or business
entity placing refuse materials for collection and disposal, to sort,
remove, reclaim or otherwise disturb refuse materials properly placed
for collection and disposal.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise or other entity classified as a person under
Pennsylvania law.
REFUSE MATERIALS
All garbage, rubbish and all other materials abandoned or
discarded as useless or unwanted by any person, resident or business
entity in Brentwood Borough and placed at a properly designated collection
location for collection by the refuse collector authorized by, and
contracting with, Brentwood Borough to provide refuse collection and
removal services.
SCAVENGING
The unauthorized sorting, removal, reclamation or disturbance
of refuse materials placed at a properly designated collection location.
Any person, other than the authorized refuse collector for the borough, who desires to seek the consent of any person placing refuse material for collection and removal to remove or divert any refuse material from the borough authorized collection process, or otherwise intends to remove or divert materials from refuse placed for collection and removal, shall be deemed to be engaging in a "transient retail business" as that term is defined in Chapter
194, Transient Retail Businesses, and shall be required to apply for a license, pay the license fee and obtain a license from the Mayor of the Borough and to comply with all other regulations of Chapter
194, Transient Retail Businesses, prior to requesting or securing consent from any person to remove refuse from collection points in the borough and prior to engaging in any activity involving removal or diversion of refuse from a collection point in the borough.
Any person violating the provisions of this
Article shall, upon conviction before a District Justice, be subject
to the maximum penalties provided by law, including a fine not to
exceed $600 and incarceration not to exceed a period of 30 days for
failure to pay all fines and costs lawfully imposed. Each occurrence
or transaction involving any act of scavenging or unauthorized sorting,
removal, reclamation or disturbance of refuse materials, as described
herein, shall be deemed a separate offense and a separate violation
of the provisions of this Article.