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.
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.
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.
[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.
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.
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.
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.
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.