Township of Potter, PA
Centre County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Potter 10-9-1995 by Ord. No. 2-1995 (Ch. 10, Part 1, of the 1998 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 170.

§ 109-1 Definitions.

The following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
BOARD
The Board of Supervisors of Potter Township, Centre County, Pennsylvania.
JUNK
Any discarded material or article and shall include, but not be limited to, abandoned, junk or scrapped and scrappable motor vehicles (see definition of "scrappable motor vehicles and machinery"), machinery, paper, containers and structures, scrap material and other waste material and rubbish but shall specifically exclude garbage or refuse kept by a person on his own property in a proper container for the purpose of immediate disposal and manure piles on an operating farm.
PERSON
A natural person, association, partnership, firm or corporation. The singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
Any vehicle or machine which:
(1) 
Cannot be demonstrably operated for useful purpose and would, in normal use, be registered with the Department of Motor Vehicles but is not so registered;
(2) 
Cannot be demonstrably operated for useful purpose and would not normally be registered.
B. 
Excluded shall be:
(1) 
Vehicles or machinery housed in a garage or barn or where said machinery is not normally visible in any part from a public road;
(2) 
Vehicles or machinery either originally intended or subsequently modified for use in agricultural or forestry pursuits; provided, said machinery is demonstrably operable and owned by a person engaged in agricultural or forestry pursuits;
(3) 
Any vehicle having up-to-date registration with the Department of Motor Vehicles.
TOWNSHIP
Potter Township, Centre County, Pennsylvania.

§ 109-2 Title.

This chapter may be cited and shall be known as "Potter Township Junk and Rubbish Ordinance."

§ 109-3 Prohibited activities.

A. 
From and after the effective date of this chapter, it shall be unlawful for any person to maintain, accumulate, hold, dump or locate or permit or cause to be maintained, accumulated, held, dumped or located on any property, public or private, within the Township, any junk as defined in this chapter.
B. 
The maintenance, accumulation, holding, dumping or locating of junk, as defined herein, on any property, public or private, within the Township, shall be considered a nuisance at law and shall be subject to all remedies available at law and equity for the abatement thereof.
C. 
From and after the effective date of this chapter, it shall also be unlawful to transport junk, as defined herein, into the Township to be left on the property of another or on public property. Any person transporting material, herein defined as junk, into the Township and leaving or dumping the same on any property, public or private, shall be guilty of an offense hereunder and may be prosecuted in the same manner as an owner or tenant.
D. 
Rubbish or junk with names and addresses thereon or of which ownership may be traced shall constitute prima facie evidence that the person whose name appears thereon, or to whom ownership can be traced, caused or permitted the junk to be dumped on the site.

§ 109-4 Procedure.

In order to carry out the intent and purpose of the Second Class Township Code, as amended, and the provisions of this chapter, the Supervisors hereby adopt the following regulations and procedure for enforcement:
A. 
Whenever junk, as defined herein, shall be found on a property, the property owner and/or tenant or person alleged to have dumped the junk shall be tendered written notice of violation by certified mail, personal service, publication, service by the Sheriff of Centre County or other means lawful under the Pennsylvania Rules of Civil Procedure for service of process. This notice shall be called "Notice of Violation" and shall contain the following information:
(1) 
Name of the reputed owner and/or tenant or person alleged to have dumped the junk.
(2) 
A general description of the offending material. This description need only specify the general type and amount of offending material. As long as the offending material can be reasonably identified from the description, insufficiently specific description shall not be a defense to prosecution under this chapter.
(3) 
A due date for the removal of the material and reexamination of the property to determine compliance. Such due date shall be not less than 30 days from the date of service of process.
(4) 
A recital of the penalties contained herein for noncompliance.
(5) 
Reference to the applicable provisions of this chapter.
(6) 
The name, address and telephone number of the Township officials to contact for further information.
(7) 
A recital that if the condition persists after 30 days from the date of service of process, the Township may take further legal action.
B. 
The owner and/or tenant or person alleged to have dumped the junk, so notified, shall have 30 days from the date of service of process and/or receipt of the notice of violation, whichever is less, to bring the property into compliance with this chapter.
C. 
At any time after the due date, but in no event more than 180 days after the due date as set forth in the notice of violation, the Board of Supervisors, or any of them, or their duly appointed representative, shall view the property to ascertain compliance.
D. 
Should the owner and/or tenant or person alleged to have dumped the junk have failed to bring the property into compliance with this chapter at the time of the viewing referred to in Subsection C, above, the Township shall notify the owner and/or tenant or person alleged to have dumped the junk by any means as set forth in Subsection A, above, that he is still in violation and that the penalty period shall commence upon receipt of notice. This notice shall be called "Notice of Penalty Period" and shall contain the following information:
(1) 
Name of the reputed owner and/or tenant or the person alleged to have dumped the junk.
(2) 
A general description of the offending material. This description need only specify the general type and amount of offending material. As long as the offending material can be reasonably identified from the description, insufficiently specific description shall not be a defense to prosecution under this chapter.
(3) 
A statement that the property has been examined for compliance after the due date, specifying the date, time and identity of the examiner.
(4) 
A recital of the penalties contained herein for noncompliance.
(5) 
Reference to the applicable provisions of this chapter.
(6) 
The name, address and telephone number of the Township officials to contact for further information.
(7) 
A statement that the penalty period shall commence with receipt of this notice and that the Township may at any time proceed with action against the owner and/or tenant or person alleged to have dumped the junk.
E. 
For purposes of assessing fines and other penalties hereunder, the penalty period shall be deemed to commence upon receipt by the owner and/or tenant or person alleged to have dumped the junk of notice of penalty period as set forth above. The Township may proceed with legal action against the owner and/or tenant or person alleged to have dumped the junk at any time after the notice of penalty period is received.

§ 109-5 Administration.

A. 
The Board of Supervisors, or any of them, may examine properties for compliance hereunder. In addition, the Board may employ a representative or representatives, by motion of the Board, to examine properties for compliance hereunder and to perform other acts as are needed to enforce this chapter. This representative may be compensated. This representative, or the Supervisors, or any other person charged with the enforcement of this chapter, may enter upon private property to inspect or enforce the provisions of this chapter.
B. 
The examiner, as set forth above, shall identify as offending material anything defined as junk in § 109-1 of this chapter.
C. 
The owner and/or tenant or person alleged to have dumped the junk may alleviate the condition and request reexamination of the property at any time in order to stop proceedings hereunder.
D. 
Appeal from decisions of the Board of Supervisors may be made to the Court of Common Pleas of Centre County or as otherwise authorized by the laws of the commonwealth.

§ 109-6 Violations and penalties.

[Amended 8-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No. 2-1998]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.