[Adopted 6-21-2005 by Ord. No. 062105]
Residents or property owners of German Township and any other persons or entities hereafter authorized by the Supervisors of German Township are permitted to use the established composting facility. Users of the facility, upon request of a designated German Township official, officer or employee, shall produce identification or documentation to establish that they are permitted to use the composting facility.
The Supervisors of German Township shall from time to time, by resolution, establish rules and regulations governing the day-to-day operation of the composting facility, such as the days and hours of operation, the manner in which composting materials may be deposited at the composting facility, and any and all other matters involving the day-to-day operation of the composting facility. The rules and regulations shall be conspicuously posted at the composting facility and at the Township Municipal Building, and upon being established the same shall, without further action, be incorporated and enforceable by and under this article.
Only "yard waste" is permitted to be deposited at the composting facility. "Yard waste" is defined as grass clippings, tree limbs, shrubs, small trees, garden matter, and leaves, and specifically excludes any other vegetative or waste materials such as kitchen scraps, animal or poultry waste, sewage sludge, appliances, building materials, tires, garbage, rubbish or any other materials which may cause offensive odors.
No commercial or professional lawn care service, tree service or nursery is permitted to use the composting facility unless the material deposited at the composting facility is obtained as the result of services performed for a person authorized to use the composting facility pursuant to § 20-24 herein.
It shall be unlawful for any person or entity to openly burn, in any place, in any manner whatsoever, yard waste, garbage, rubbish, tires, industrial waste, other vegetative matter or any other items, substances or materials of whatsoever kind or nature, except that the German Township Supervisors may from time to time authorize limited burning to preserve the health and welfare of the citizens of German Township.
Any person who fails to comply with any or all of the requirements or provisions of this article shall be subject to criminal and/or civil penalties. All actions for enforcement to this article shall be brought as follows:
A. 
As a summary offense, before a Magisterial District Judge in the same manner provided for the enforcement of a summary offense under the Pennsylvania Rules of Criminal Procedure. Any person who shall violate or fail to comply with any of the provisions of this article shall, upon conviction thereof, in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not less than $100 nor more than $1,000, costs of prosecution, restitution and/or a term of imprisonment up to 90 days, per violation. Each day that a violation continues shall constitute a separate offense; or
B. 
As a civil action in law or in equity, before a Magisterial District Judge in the same manner provided for under the Pennsylvania Rules of Civil Procedure of District Justice Rules. Any person who shall violate or fail to comply with any of the provisions of this article shall be assessed a civil penalty of not less than $100 nor more than $600, court costs, restitution and reasonable attorney fees incurred by the Township in the enforcement of proceeding, per violation. Each day that a violation continues shall constitute a separate offense.
The German Township Supervisors, the German Township Code Enforcement Officers, the German Township Constables and any other person duly designated and authorized by the German Township Supervisors are hereby authorized to enforce the provisions of this article.