[Adopted 1-16-1990 by Ord. No. 78]
[Amended 6-16-2005 by Ord. No. 119]
Every person engaged in or conducting as a commercial
trash hauler and operating or doing business within the Township of
Kidder shall be required to obtain a permit prior to engaging in such
business for each calendar year and, in consideration for issuance
of said permit, shall pay a fee, and unless otherwise provided, the
fees prescribed shall be paid on an annual basis. The applicable contractor’s
license fee will be applied to the collectors permit.
As used in this article, the following terms
shall have the meanings indicated unless a different meaning appears
clearly from the context:
Residue from the burning of coal, coke or other combustible
material.
Any person engaged in collection, disposal, or removal of
ashes, garbage, rubbish, refuse or solid waste for a fee.
Storage, collection, disposal or handling of garbage.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Any natural person, association, partnership, firm or corporation.
All solid waste except human body wastes, including garbage,
ashes and rubbish.
Glass, metal, paper, plant growth, wood or nonputrescible
solid waste.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solidified liquids, semisolids or contained
gaseous materials.
Every commercial trash hauler doing business
in the Township of Kidder must furnish, at the time of making application
for a permit to do business in the Township of Kidder, evidence of
comprehensive liability insurance coverage for not less than $500,000/$1,000,000
in the event of bodily injury, including death, and $500,000/$1,000,000
in the event of property damage arising out of work performed by the
commercial trash hauler; and, if applicable, worker's compensation
insurance. Such evidence shall be in the form of a certificate with
a ten-day cancellation notice and shall be furnished to the Township
at the time of application for permit. In addition, such certificate
of insurance must name the Township of Kidder as an additional insured.
Failure to maintain required insurance will be considered sufficient
reason for the Township to suspend the license issued under any such
permit.
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.
