Township of Kidder, PA Article II Collection

[Adopted 1-16-1990 by Ord. No. 77]

§ 146-5 Intent and purpose.

All domestic refuse within the Township of Kidder shall be collected and removed by a collector who shall be designated, from time to time, by the Board of Supervisors of the Township of Kidder, and shall be disposed of in an area authorized and approved in accordance with all state regulations.

§ 146-6 Definitions.

A. As used in this article, the following terms shall have the meanings indicated, unless a different meaning appears clearly from the context:

ASHES

Residue from the burning of coal, coke or other combustible material.

DISPOSAL

Storage, collection, disposal or handling of garbage.

DWELLING

Place of residence, whether inhabited on a full- or part-time basis or uninhabited, within the Township of one or more persons where refuse is generated or capable of being generated through normal living habits. It shall include apartments or buildings devoted to multiple-family occupancy with each such apartment or unit of multiple-family occupancy constituting a singular dwelling hereunder.

[Amended 8-18-1992 by Ord. No. 77]

GARBAGE

All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.

OCCUPANT

Person generally in possession and control of any dwelling. This definition shall include any person in use of or inhabiting said dwelling.

PERSON

Any natural person, association, partnership, firm or corporation.

REFUSE

All solid waste except human body wastes, including garbage, ashes and rubbish.

RUBBISH

Glass, metal, paper, plant growth, wood or nonputrescible solid waste.

SOLID WASTE

Any waste, including but not limited to municipal, residual or hazardous wastes, including solidified liquids, semisolids or contained gaseous materials.

B. In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.

§ 146-7 Garbage and rubbish to be removed by Township; fees; private removal.

A. All garbage, rubbish and ashes as herein defined shall be gathered and removed by the Township of Kidder under rules and regulations provided herein, and the costs and expenses of the collection and removal of garbage, rubbish and ashes shall be paid by those from whose premises said garbage, rubbish and ashes are removed, or by the person responsible for the existence of such garbage, rubbish or ashes as provided by the Schedule of Fees set forth herein.[1]

[1] Editor's Note: Fees, as set from time to time by the Board of Supervisors, are on file in the Township offices.

B. In any instance where the quantity of garbage or rubbish produced at any one source shall exceed a daily average of 10 cubic yards in volume or two tons in weight, the producer of such garbage or rubbish may be permitted by the Township of Kidder, upon application, to remove such garbage and rubbish by private means without payment of fees prescribed for such removal. Such permission for private removal may be rescinded or revoked at any time by the Township of Kidder with or without cause and without any liability for any loss or detriment which may be caused by such revocation. Any private removal permitted shall be, at all times, performed in a healthful manner and in full compliance with all sanitary and health regulations of the Township of Kidder and the Commonwealth of Pennsylvania.

§ 146-8 Containers for weekly collection. [1]

Every family or household at whose premises refuse is collected or removed shall provide and maintain, at all times, a portable metal or plastic receptacle to insure that the garbage or rubbish or ashes contained shall be maintained within the unit of containment. Such container shall be accessible to the collector when called for, and each owner or person responsible for such garbage and/or rubbish shall provide sufficient receptacles to contain the garbage and/or rubbish. Such container must be devised or otherwise secured to keep the materials contained therein from being scattered.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 146-9 Manner and frequency of collection.

The collector for the Township of Kidder will remove promptly and in as clean a manner as possible all garbage and rubbish, and return the garbage and rubbish receptacles to the premises from which removed. The collection of garbage and rubbish shall be made from every part of the Township of Kidder at least once every week. The Township may designate certain premises, particularly multifamily units, from which collection of garbage shall be made daily, except Sunday, or at times during the week as may be necessary, in the discretion and at the direction of the Township of Kidder.

§ 146-10 Fees for collection and disposal.

[Amended 8-18-1992 by Ord. No. 77]

Every person, firm, association or corporation producing or capable of producing garbage, rubbish, or ashes, or being responsible for disposal or existence of such garbage, rubbish or ashes, or from whom such garbage, rubbish or ashes are removed, or being the owner of any premises on which garbage, rubbish or ashes is in existence or is produced, or capable of being produced, and which such accumulations would require removal, shall pay and be subject to fees for such services as shall be established, from time to time, by resolution of the Board of Supervisors of the Township of Kidder in such classifications as the Township of Kidder Board of Supervisors may deem necessary and appropriate.

§ 146-11 Enforcement.

The Township of Kidder shall enforce the maintenance of proper receptacles placed at suitable places on the premises and institute prosecution of all persons, firms, associations or corporations, or groups of persons violating any of the provisions of this article to the end that the terms of this article shall be strictly enforced. In addition, the Township of Kidder may enforce all charges lawfully imposed under this article and accompanying resolutions for the collection, removal and disposal of all garbage, ashes and other waste or refuse material, by filing of a municipal claim.

§ 146-12 Additional rules and regulations authorized.

The Board of Supervisors of the Township of Kidder is hereby authorized to make and promulgate any additional rules and regulations for the collection, removal and disposal of solid waste not in conflict with this article, and violations of the same shall be subject to the same penalties as provided in this article.

§ 146-13 Prohibited acts.

No person shall obstruct, delay or interfere with the garbage collector while in the performance of his duties, or enter into any controversies with the collector, nor shall any person violate any of the provisions of this article with regard to the disposal of garbage, rubbish and ashes, or the containers for the same, or violate any of the provisions with respect to the collection and removal of garbage, rubbish and ashes.

§ 146-14 Violations and penalties.

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.