AN ORDINANCE PROVIDING FOR THE HEALTH, SAFETY AND WELFARE OF THE TOWNSHIP OF SHREWSBURY, YORK COUNTY, PENNSYLVANIA, BY REGULATING STORAGE PRACTICES, MANNER OF COLLECTION AND METHODS OF DISPOSAL OF REFUSE; AND PROVIDING PENALTIES FOR ANY VIOLATION THEREOF.

 

 

     BE IT ENACTED AND ORDAINED by the Board of Supervisors of Shrewsbury Township, York County, Pennsylvania, as follows:

SECTION I.    Short Title - This ordinance shall be known as the "Shrewsbury Township Refuse Ordinance."

 

SECTION II.   Definitions -

 

A.   The term "refuse" when used in this ordinance shall refer to all waste materials, including but not limited to the following:

 

     1.   Garbage, consisting of all animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.

 

     2.   Rubbish, consisting of all solid wastes other than garbage and ashes and including waste paper, tin cans, glass, metal, wood, tree and shrubbery cuttings, and all other ordinary household, industrial and commercial accumulations.

 

     3.   Ashes, consisting of the residue from the burning of coke, coal, wood or other combustible material.

 

B.   The term "bulky rubbish" shall include discarded furniture, large household appliances such as refrigerators, washing machines, bathtubs, sinks and commodes.

 

C.   The term "recyclable material" shall mean plastic containers marked "PETE#1" or "HDPE#2", clear and colored glass containers, newspapers, cardboard, aluminum cans, steel and bimetal cans, excepting paint cans.

 

D.   The term "disposal" shall include the storage, collection, disposal or handling of refuse.

 

E.   The term "person" shall include any natural person, association, partnership, firm or corporation.

 

F.   The term "container" shall refer to that receptacle in which refuse is placed for collection.

 

G.   The term "recycling container" shall mean a container approved by the township for the placement of recyclable materials for purpose of collection.

 

H.   The term "township" shall mean the Township of Shrewsbury, York County, Pennsylvania.

 

I.   The term "contractor" shall mean the person, association, partnership, firm or corporation with whom the Township of Shrewsbury has entered into a contract for refuse collection.

 

J.   The term "dwelling unit" shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating, whether occupied or unoccupied.

 

K.   The term "rooming unit" shall mean any room or group of rooms forming a single habitable unit used or intended to be used for a living and sleeping combo, but not for cooking or eating purposes.

 

L.   The term "dwelling" shall mean a building or structure constructed, erected, altered, designed, used or intended for use in whole or in part for human habitation.

 

M.   The term "multiple occupancy unit" shall mean a building used to house two or more dwelling units or rooming units or combination thereof or to house a combination of rooming units or dwelling units and commercial units.

 

N.   The term "commercial unit" shall mean a building or part of a building used to carry on a trade, business or industrial use, and which activity produces refuse. A church shall be considered a commercial unit for purposes of this ordinance.

 

O.   The term "dumpster" shall mean a bulk container designed for the collection of large amounts of refuse and designed to be mechanically unloaded into a refuse collection vehicle.

 

SECTION III.  Preparation of Refuse and Storage Practices

 

A.   Refuse Preparation

 

     1.   Refuse excepting "recyclable materials" shall be stored in "containers" which shall be tightly covered. Except in the case of "dumpsters" as defined in this ordinance, and except in the case of sticks, which shall be tied in bundles not more than three (3) feet long, which bundles shall be considered "containers", containers shall not exceed thirty (30) gallons in capacity and when filled shall not weigh more than sixty (60) pounds.

 

 

     2.   Recyclable materials other than cardboard shall be stored in a township approved recycling container. Cardboard shall be placed in a dumpster located at the Township building or, in the alternative, broken down into one foot by one foot sections and bundled for removal by the "contractor".

 

     3.   Bulky rubbish shall not be allowed to accumulate on any premises except in containers meeting the requirements of this ordinance.

 

     4.   No person shall place refuse in any street, alley, or other public place, or upon any private property within the limits of Shrewsbury Township unless it is placed in a proper "container" meeting the requirements of this ordinance. No person shall place refuse in a container not owned by him without permission from the owner of the container. Likewise, no person shall throw or deposit refuse in any stream or in any other body of water.

 

     5.   Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within three (3) days after the effective date of this ordinance shall be deemed a violation of same.

 

     6.   Certain materials such as scrap lumber and firewood may be stored and kept on the premises but they shall be stored so that a minimum clear space of twelve (12) inches above the ground surface is provided.

 

B.   Refuse Storage for Collection

 

     All refuse storage shall conform to the following standards:

 

     1.   General - All refuse containers shall be provided by the owners, tenants or occupant of the premises except in the case of a dumpster which shall be provided by the contractor.

 

     2.   Containers

 

          a.   Reusable containers other than "dumpsters" or "recycling containers" as defined in this ordinance and other than sticks tied in bundles not more than three (3) feet long, utilized for the storage of refuse shall have the following physical characteristics:

 

 

              (i)       Constructed in such manner as to be easily handled for collection;

 

              (ii)      Have a capacity not exceeding thirty (30) gallons;

 

              (iii)     When filled not weigh more than sixty (60) pounds;

 

              (iv)      Be constructed of rust and corrosion resistant materials;

 

              (v)       Be equipped with tight fitting lids; and

 

              (vi)      Be constructed in such manner as to be watertight, leakproof, weatherproof, insect proof and rodent proof;

 

          b.   Methods of Use of Reusable Containers

 

              (i)       Containers shall not be filled to the point where the lid will not fit properly;

 

              (ii)      The area around the container shall be kept clean; and

 

              (iii)     Containers other than dumpsters are to be placed by the property owner within six (6) feet of the street or alley by 6:00 A.M. on each day scheduled for collection.

 

          c.   Disposable Containers

 

              Disposal containers such as paper and polyethylene bags shall be acceptable for storage of refuse provided the following conditions are met:

 

              (i)       Only those bags specially designed for storage and collection shall be used;

 

              (ii)      Bags are protected against precipitation, animal damage and overloading to prevent littering or attracting vectors. Any refuse which spills to the ground by reason of breakage or damage to the bag must be promptly cleaned up and placed in an authorized container;

 

              (iii)     Bags have holding strength capable of withstanding stresses until they are collected; and

 

              (iv)      Bag opening is securely closed prior to setting out for collection.

 

          d.   Dumpsters

 

              All dumpsters shall be constructed of rust and  corrosion resistant materials, be equipped with tight fitting lids and shall be constructed in such manner as to be watertight, leak proof, weatherproof, insect proof and rodent proof and shall be placed so as to enable convenient mechanical unloading by the contractor.

 

          e.   No hazardous materials such as paint or chemicals shall be placed in any container for collection.

 

SECTION IV.   Refuse Collectors and Collection Vehicles

 

A.   No person except the contractor shall collect refuse from any person in the township excepting that any person who has received the written approval of the township may collect bulky rubbish.

 

B.   All vehicles used for the collection of refuse within the township shall be of the type designated and approved by the Pennsylvania Department of Environmental Protection for the specific purpose of refuse collection.

 

SECTION V.    Quantities

 

The maximum quantity of refuse permitted each week for each dwelling unit, rooming unit, or commercial unit not utilizing a dumpster shall be six (6) filled containers plus one or more recycling containers.

 

SECTION VI.   Refuse Collection and Disposal - Fees

 

Shrewsbury Township, in order to provide refuse collection and disposal service, hereby levies and imposes the following fees:

 

A.   The fee for collection and disposal of refuse for each dwelling unit, rooming unit or commercial unit other than commercial units utilizing a dumpster shall be one hundred ten ($110.00) dollars per unit per year which represents the approximate cost of the township providing refuse removal service. The fees assessed pursuant to this paragraph shall be payable on or before September 1 of each year. The Board of Supervisors, depending upon available township resources and interest revenue may, by resolution, reduce the charge for any particular year.  In the event dumpsters are utilized for the collection of refuse, the owner shall enter into a separate contract with the "contractor" for the removal of refuse.

 

B.   If any fees or charges imposed by this section are not paid within thirty (30) calendar days after the same shall become due, there shall be added a penalty of ten (10%) percent. In addition, if such fees or charges are not paid within sixty (60) days after same shall become due, there shall be added a second ten (10%) percent penalty, which shall be added to the fee and initial penalty.

 

C.   The fees or charges imposed by this section shall be a lien on the property benefited by such refuse collection and service, and if the said fees or charges are not paid within sixty (60) days following the date same shall become due, they shall at the discretion of the township be filed as a lien against the property of the owner so benefited, which lien shall be filed in the Office of the Prothonotary of York County, Pennsylvania and shall be collected in the manner provided by law for the collection of municipal claims and liens.

 

D.   The owner of the property benefited shall be responsible for the payment of all fees, charges and penalties imposed by this section.

 

SECTION VII.  Remedies

 

In addition to the remedies provided in Section VI hereof, the Township shall have available to enforce the collection of fees and other requirements of this ordinance, all remedies available at law.

 

SECTION VIII. Penalties

 

Any person, firm, association or corporation violating any of the provisions of this ordinance shall, upon conviction thereof before a District Magistrate, be subject to a penalty in the amount of six hundred ($600.00) dollars for each and every offense. Each and every day that a violation continues shall be considered a separate and distinct offense and shall subject the violator to separate  penalties.

 

SECTION IX.   Severability

 

The provisions of this ordinance are severable. If any sentence, clause, or section of this ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses or sections of this ordinance. It is hereby declared to be the intent of Shrewsbury Township that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause or section not been included herein.

 

SECTION X.    Effective Date

 

This ordinance shall be effective five (5) days after enactment.

 

     ORDAINED AND ENACTED by the Board of Supervisors of Shrewsbury Township, York County, Pennsylvania on the 10th day of April, 2002.

 

ATTEST:                           BOARD OF SUPERVISORS OF

                                  SHREWSBURY TOWNSHIP

 

 

                                  By:                           

              Secretary                             Chairman