[Adopted 6-19-1968 by Ord. No. 8]
It shall be unlawful for any person, copartnership
or corporation to use or occupy any premises as or for a rubbish disposal
dump, garbage disposal dump, sanitary landfill, incineration plant
or other similar use within the Township of Carroll, whereby any noxious
or offensive odors, putrid or polluted water or other discharge, smoke,
soot, ash, refuse, rubbish or filth of any nature whatever is blown,
carried or discharged in any manner onto the public roads or upon
the premises of other persons, copartnerships or corporations. The
use or occupation of any premises within Carroll Township in a manner
so as to violate the provisions of this section is hereby declared
to constitute a nuisance per se.
It shall be unlawful for any person, copartnership
or corporation to dispose, keep, place or store, or permit to be disposed,
kept, placed or stored on any premises whatever, any rubbish, garbage,
ashes, manure or refuse of any kind whatever within 100 feet of the
cartway of any public road, or within 100 feet of any creek or stream,
or within 100 feet of any premises of any other person, copartnership
or corporation. The use of or occupation of any premises within Carroll
Township in a manner so as to violate the provisions of this section
is hereby declared to constitute a nuisance per se.
A.
Except as indicated in Subsection B below, any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. 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.
B.
If enforcement of this article is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
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 less
than $100 nor 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.
The Township may institute proceedings in equity
for the purpose of enforcing the provisions of this article.
