Township of North Codorus, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of North Codorus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 79.
Hazardous wastes — See Ch. 110.
Junkyards and junk dealers — See Ch. 116.
[Adopted 6-17-1992 by Ord. No. 125-6-92]
Wherever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials for the purpose of heating and cooking.
COLLECTOR
The person with whom the Township has contracted to collect, remove and dispose of garbage, ashes and refuse and recyclable material under the provisions of this article, and the persons employed by the collector for that purpose.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruit, vegetables and parts thereof, and all other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
PERSON
Every natural person, firm, copartnership, association or corporation.
RECYCLABLE MATERIAL
Includes colored and clear glass, bimetal (tin) cans, aluminum cans, plastic (PET) bottles and other such materials.
REFUSE
A general term which shall mean all matter and materials which are discarded or rejected by the owners or producers thereof as waste, and shall include all items of solid waste, but shall exclude all residual waste, agricultural waste and hazardous waste, as the terms "solid waste," "residual waste," "agricultural waste," and "hazardous waste" are defined in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, Section 101 et seq. (35 P.S. § 6018.101 et seq). "Refuse" shall further exclude debris from household renovations, whether interior or exterior; dirt; rock; lead pipe; limbs or the trunks of trees greater than three inches in diameter.
The supervision of the collection, removal and disposal of garbage, ashes and refuse and recyclable material, to include the collection of fees, shall belong to the Township, and the Township is hereby vested with full authority to make all necessary rules and regulations not contrary to law and in conformity with this article that it shall, from time to time, deem advisable to accomplish the ends and purposes of this article.
A. 
It shall be unlawful for any person, other than such as are duly authorized by the Township, to collect and haul ashes, garbage or refuse of any nature within or from the Township, for a person other than himself. Authorization to collect and dispose of refuse for persons other than oneself shall be accomplished as hereinafter set forth.
B. 
The Township shall award a contract to one person as the Township collector for a period of not less than one year, who, during the length of the contract, shall have the exclusive right and obligation to collect and haul all refuse within the Township. The only exceptions shall be:
[Amended 6-15-2010 by Ord. No. 218-06-2010]
(1) 
Business and commercial establishments and apartment buildings containing more than three dwelling units.
(2) 
An owner or occupant of a residential dwelling unit who provides to the Township a copy of a contract with a licensed refuse hauler approved by the York County Solid Waste Authority for the nonresidential disposal of waste (such as for a business, commercial establishment, or apartment building containing more than three units), and who proves to the satisfaction of the Township Manager that the hauler will permit the disposal of his or her residential waste pursuant to that contract. Nothing in this Subsection B(2) is intended to, nor shall it, permit the owner or occupant of any residential dwelling unit to contract with a hauler other than the Township's exclusive contract hauler for the direct collection, hauling, or disposal of the refuse from that dwelling unit.
Any person, being in control of a residential premises or apartment building containing three or fewer dwelling units who permits any person except himself or the collector to collect or remove any garbage, ashes, refuse or recyclable material from such premises shall be guilty of a violation of this article.
Every person desiring the collector to collect, remove and dispose of garbage, ashes and refuse shall provide containers in accordance with agreements reached between the Township and the collector and shall be subject to such rules and regulations as the Township shall, from time to time, establish.
The provisions of this article shall not apply to any employee of the Township engaged in the performance of his duties.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Adopted 5-21-1996 by Ord. No. 137-5-96]
North Codorus Township has adopted its Refuse Disposal Ordinance, as amended by Ordinance No. 125-6-92, North Codorus Township Code § 154-1 et seq.,[1] pursuant to which a contract is established periodically with one refuse collector for the collection and disposal of refuse within or from the Township. A fee or charge for the collection and disposal of refuse, together with reasonable administrative and similar expenses, is hereby imposed upon all real estate, and the owners thereof, situate within North Codorus Township, in York County, Pennsylvania, from which refuse is collected for disposal or recycling under and pursuant to said contract provided by the Township.
[1]
Editor's Note: See Ch. 154, Solid Waste, Article I.
The fee or charge for the collection and disposal of refuse imposed by § 154-8 hereof shall be for each dwelling, business, educational, industrial and commercial unit situate upon said real estate served by such contract, and shall be at such rates, and with such discounts or early payment, as the Township Supervisors shall from time to time establish by resolution.
The following definitions shall apply for imposing the foregoing refuse fee or charge upon each unit:
A. 
Each room, group of rooms, apartment, building or other enclosures occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by a person living alone shall constitute one dwelling unit.
B. 
A business, educational, industrial or commercial unit shall include, but not be limited to, the following, inter alia:
(1) 
A building under one roof, one side of a double house having a solid, vertical partition wall, or a combination of buildings or other enclosures, occupied by an individual, partnership, unincorporated association, joint venture, corporation or other entity as one party, or intended for occupancy, as a separate business, educational, industrial or commercial establishment.
(2) 
In the event a building or a combination of buildings within the same enclosure, contain more than one such establishment or the facilities or layout for more than one such establishment or any combination of the same, each office or suite of offices, shop, store, repair or service station, warehouse space, or other similarly contained facility or layout located in such building or buildings shall constitute one such unit.
[Amended 2-17-2009 by Ord. No. 208-02-2009; 11-20-2012 by Ord. No. 249-11-2012]
A. 
The refuse fees and/or charge(s) imposed by this article shall be due and payable no later than 30 days from the date of billing. Failure to remit timely payment shall result in the assessment of a penalty in the amount of 10% on the delinquent amount together with any and all costs and fees associated with the collection of the delinquent amount.
B. 
Any delinquent amount shall be considered a lien against the real estate so served and shall be filed against said real estate in the Office of the Prothonotary of York County, Pennsylvania. Further, it shall be entered and collected in the manner as set forth by the Pennsylvania Municipal Claims and Tax Lien Law, 53 P.S. § 7101, et seq. Interest shall be assessed in the manner and to the maximum extent permitted by law.
C. 
In addition to the refuse fees/charges and penalties identified herein, attorney fees shall be assessed and collected in accordance with Chapter 84, entitled Claims, Municipal.
D. 
The Township reserves the right to pursue any other method of collection, or avail itself of any other legal remedy(ies), including immediate termination of service, as determined in its sole and ultimate discretion.