[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-17-2018 by Ord. No. 1-2018]
A.
General provisions:
(1)
This article shall be known and may be cited as the "Quality of Life
Ticketing Ordinance of the Township of West Manheim."
B.
The purpose of the article is:
(1)
To provide for a mechanism by means of issuance of tickets rather
than citations to permit a citizen who believes he may have been in
violation to pay the ticket rather than cause the issuance of a citation
and a hearing before a judge. The resolution in this manner permits
the Township to maintain and enforce its laws and permits a citizen
so accused to resolve the dispute without a court hearing. It also
does not deprive the citizen the right to dispute the ticket and receive
the full benefit of procedural and substantive due process of law.
As used in this article, the following terms shall have the
meanings indicated:
Any individual person, agent, firm, association, partnership,
corporation or entity having a legal or equitable interest in real
property and/or holding title to said property as evidenced by records
of the Commonwealth or Pennsylvania, County of York or Township of
West Manheim.
An individual, corporation, partnership or any other group
acting as a unit.
The Township of West Manheim, York County, Pennsylvania.
Any owner who receives a notice of violation.
A.
The provisions of any chapter of the West Manheim Township Code of Ordinances listed in § 245-3B below may be enforced by West Manheim Township police officers, code enforcement officers and assistant code enforcement officers, zoning officers and assistant zoning officers, and the Township Manager.
B.
The following chapters of the West Manheim Township Code of Ordinances
are hereby deemed and ordained to be under the jurisdiction of this
enforcement process:
C.
Any violation of the provisions of any section as enumerated in this
article may be cause for a violation ticket to be issued to the violator.
(1)
Any notice of violation shall:
D.
A notice of violation ticket shall be served upon the violator in
one of the following manners:
(1)
By handing the notice of violation ticket to the violator.
(2)
By handing the notice of violation ticket to an adult resident of
the subject residential property, or to the owner, tenant, or employee
or agent of the owner or tenant of the subject nonresidential or multifamily
residential property.
(3)
By leaving or affixing the notice of violation ticket to the property
where the violation exists.
(4)
By mailing the notice of violation ticket to the violator's
address of record by first class mail with a certificate of mailing.
E.
Each day after the issuance of the violation ticket that a violation
continues or is permitted to continue, constitutes a separate offense
for which a separate fine may be imposed.
F.
If the Township causes a violation to be corrected, the cost thereof
shall be charged to the owner of the property and enforced through
the imposition of a municipal lien or any civil action available to
the municipality.
Any violator in receipt of a notice of violation ticket shall
have 10 calendar days from the date set forth on the notice of violation
to pay the amount on the notice of violation ticket. Payment must
be received by the Township by the 10th day. Date of mailing shall
not constitute the date of receipt by the Township. If the notice
of violation ticket is not paid within the 10 days, such failure shall
result in the issuance of a citation for the offense as enumerated
on the notice of violation ticket.
A.
For the first offense dealt with under this article within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $50.
B.
For the second offense dealt with under this article within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $75.
C.
For the third offense dealt with under this article within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $100.
D.
For the fourth and any additional offense article with under this
article within a twelve-month period, the notice of violation ticket
shall be issued in the amount of $300.
The provisions of this article are severable, and if any section,
sentence, clause or part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect the remaining sections,
clauses, parts or provisions of this article. It is hereby declared
to be the intent of West Manheim Township that such ordinance would
have been enacted if such illegal, invalid or unconstitutional section,
sentence, clause, part or provision had not been included herein.
A.
Nothing contained in this article shall be construed to affect any
suit or proceeding in any court, or any rights acquired or liability
incurred, or any cause or action existing prior to the enactment of
this article.
B.
The penalties imposed by this article shall be in addition to the penalties imposed for the violation of the ordinances set forth in § 245-3 hereof, and nothing in this article shall require the use of the procedures herein prior to taking other enforcement action as allowed by any ordinance, statute, regulation or law. Nothing in this article shall reduce or limit the penalties that may be imposed for violation of any ordinance, statute, regulation or law, or the methods or means for enforcing any ordinance, statute, regulation or law.
[Adopted 11-1-2018 by Ord. No. 2-2018]
This article shall be known and may be cited as the "Yard Waste
Ticketing Ordinance of the Township of West Manheim."
A.
The deposit and accumulation of grass clippings, leaves and other
yard waste upon and into the streets of the Township creating a public
problem, and by increasing the amount of waste and debris in the streets,
making the Township less visually attractive, and increasing pollution
and runoff into the Township's storm sewers; and
B.
The Township has stormwater facilities throughout the Township and
does not wish for those facilities to be degraded by runoff of grass
clipping and yard waste; and
C.
A public safety hazard is created as a result of persons intentionally
dumping, discharging, causing to have piled, or placing grass clippings,
leaves and yard waste in the Township streets; and
D.
A new ordinance is required to remediate the problems identified
herein.
As used in this article, the following terms shall have the
meanings indicated:
The yard waste resulting from mowing, trimming, and edging.
Any individual person, agent, firm, association, partnership,
corporation or entity having a legal or equitable interest in real
property and/or renting, leasing or otherwise holding title to said
property as evidenced by records of the Commonwealth or Pennsylvania,
County of York or Township of West Manheim.
An individual, corporation, partnership or any other group
acting as a unit.
The Township of West Manheim, York County, Pennsylvania.
Any owner who receives a notice of violation.
Vegetative or organic waste resulting from the care and maintenance
of landscape areas, lawns, and gardens. Yard waste includes weeds,
leaves, grass clippings, brush, flowers, plants, garden wastes, tree
trunks, holiday trees and prunings from trees or shrubs.
It shall be unlawful for any person to knowingly cause grass
clippings or yard waste produced in conjunction with yard maintenance
or gardening, to be placed onto the streets, sidewalks, and other
public roads of the Township. The owner shall be responsible to ensure
that any persons hired to maintain their property abide by this article.
The owner shall also be responsible for any grass clippings or yard
waste which inadvertently is caused to enter the streets of the Township
shall be promptly removed; there is no "grace period" within which
to remove grass clipping or yard waste.
A.
This article may be enforced by the West Manheim Township Police
Department and/or Code Enforcement Officer.
B.
Any violation of the provisions of any section as enumerated in this
article may be cause for a violation ticket to be issued to the violator.
The notice of violation shall:
C.
A notice of violation ticket shall be served upon the violator in
one of the following manners:
(1)
By handing the notice of violation ticket to the violator.
(2)
By handing the notice of violation ticket to an adult resident of
the subject residential property, or to the owner, tenant, or employee
or agent of the owner or tenant of the subject nonresidential or multifamily
residential property.
(3)
By leaving or affixing the notice of violation ticket to the property
where the violation exists.
(4)
By mailing the notice of violation ticket to the violator's
address of record by first class mail with a certificate of mailing.
D.
Each day after the issuance of the violation ticket that a violation
continues or is permitted to continue, constitutes a separate offense
for which a separate fine may be imposed.
E.
If the Township causes a violation to be corrected, the cost thereof
shall be charged to the owner of the property and enforced through
the imposition of a municipal lien or any civil action available to
the municipality.
F.
There shall be a presumption that grass clippings, leaves or yard
waste immediately adjacent to a property were caused to be placed
there by the owner.
A.
For the first offense dealt with under this article within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $50.
B.
For the second offense dealt with under this article within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $75.
C.
For the third offense dealt with under this article within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $100.
D.
For the fourth and any additional offense under this article within
a twelve-month period, the notice of violation ticket shall be issued
in the amount of $300.
Any violator in receipt of a notice of violation ticket shall
have 10 calendar days from the date set forth on the notice of violation
to pay the amount on the notice of violation ticket. Payment must
be received by the Township by the 10th day. Date of mailing shall
not constitute the date of receipt by the Township. If the notice
of violation ticket is not paid within the 10 days, such failure shall
result in the issuance of a non-traffic citation pursuant to the Pennsylvania
Rules of Criminal Procedure for the offense as enumerated on the notice
of violation ticket.
If the Township is required to issue a non-traffic citation
pursuant to the Pennsylvania Rules of Criminal Procedure due the violator's
nonpayment of the notice of violation ticket, or the Township, in
its discretion, chooses to pursue the violator for a non-traffic citation
without first issuing a notice of violation ticket, the violator shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$50 or more than $1,000 and cost of prosecution and, in default of
payment of such fine and costs, to imprisonment of not more than 30
days, provided each violation of any provision of this article and
each day the same is continued shall be deemed a separate offense.
The provisions of this article are severable, and if any section,
sentence, clause or part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect the remaining sections,
clauses, parts or provisions of this article. It is hereby declared
to be the intent of West Manheim Township that such ordinance would
have been enacted if such illegal, invalid or unconstitutional section,
sentence, clause, part or provision had not been included herein.
A.
Nothing contained in this article shall be construed to affect any
suit or proceeding in any court, or any rights acquired, or liability
incurred, or any cause or action existing prior to the enactment of
this article.
B.
The penalties imposed by this article shall be set forth in § 245-13 hereof, and nothing in this article shall require the use of the procedures herein prior to taking other enforcement action as allowed by any ordinance, statute, regulation or law. Nothing in this article shall reduce or limit the penalties that may be imposed for violation of any ordinance, statute, regulation or law, or the methods or means for enforcing any ordinance, statute, law or regulation.
