Township of Dickinson, PA Nuisances

The Board desires to exercise its powers under Sections 1506 and 1529 of the Pennsylvania Second Class Township Code (53 P.S. §§ 66506 and 66529) to declare and prohibit public nuisances, to penalize property owners who fail to remove or abate public nuisances, to penalize persons conducting public nuisances and to provide for the filing of municipal claims in order that the Township may recover its costs and expenses in abating or removing nuisances.

§ 130-3 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.

ABANDONED OR JUNKED MOTOR VEHICLE(S)

Any vehicle that is one of the following:

(1)

Is not in a serviceable condition; or

(2)

Is not both current regarding inspection and registration; or

(3)

Is not operable and left on public property for 48 hours; or

(4)

Illegally remains on public property for 48 hours; or

(5)

Is left on private property without consent of the owner or person in control of the property for 48 hours; or

(6)

Is without value except as junk or scrap material.

The term "abandoned or junked motor vehicle(s)" shall expressly exclude any vehicle registered with the Pennsylvania Department of Transportation as a farm vehicle or agricultural vehicle.

BOARD OF SUPERVISORS

The Board of Supervisors of Dickinson Township, Cumberland County, Pennsylvania.

NUISANCE

The unreasonable, unwarrantable, or unlawful use of public or private property which causes public injury, damage, hurt, inconvenience, annoyance or discomfort or demonstrates the existing potential for such injury, damage or hurt, to any person, resident or property in the legitimate enjoyment of his/her/its reasonable rights of a person or property. This chapter is intended to protect the public at large from conditions, acts and activities that constitute a nuisance of which a complainant may be a member of such public.

OCCUPIER

Any person that is not an owner that occupies any premises within the Township, whether through renting, leasing, having charge of, or illegally occupancy.

OWNER

Any person owning of any premises within the Township.

PERSON

Any natural person, firm, partnership, association, corporation, company, club, copartnership, society, any legal entity or any organization of any kind.

PROPERTY

Any lot or parcel of real estate, whether improved or unimproved, located within the Township.

TOWNSHIP

The Township of Dickinson which is located within the confines of Cumberland County, Pennsylvania.

VEGETATION

Any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal or ornamental purpose.

§ 130-4 Nuisances declared illegal.

Nuisances, including, but not limited to the following, are hereby declared to be illegal:

Garbage, ashes, refuse or rubbish, junk.

(1)

Garbage. Garbage shall include, without limitation, wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce. It shall be unlawful to place or permit to remain anywhere in the Township any garbage or other material subject to decay other than leaves or grass, excepting in a tightly covered container or impervious bag designed for such material and collection; excepting that a mulch or compost heap is permitted, which is properly maintained for gardening purposes and does not materially disturb or annoy persons of ordinary sensibilities in the neighborhood. It shall be unlawful to any person to store more than 14 days of garbage as defined by this chapter which may pose a potential health and safety problem to the community regardless of bagging or other containment.

(2)

Refuse/rubbish. Refuse/rubbish shall include, without limitation, uncontained combustible trash, including paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, leaves, wood furniture, bedding; noncombustible trash, including metals, tin cans, metal furniture, dirt, small quantities of rock, unused and unusable construction materials and pieces of concrete, glass, crockery, other mineral waste; street rubbish, including street sweeping; dirt, catch-basin dirt, contents of litter receptacles. Uncontained refuse/rubbish is prohibited, and any contained refuse/rubbish must be removed within 14 days, provided refuse shall not include clean earth from building operations, nor shall it include leaves, cornstalks, stubble or other vegetable material generated in the course of harvesting agricultural crops. It shall be unlawful to cause or permit to accumulate any dust or trash of such a material that it can be blown away by the wind anywhere in the Township excepting in a covered container, provided such container is removed within 14 days.

(3)

Ashes. It shall be prohibited, and constitute a nuisance, to cause or permit to accumulate any ashes or similar residue from fire used for cooking and for heating excepting in a covered container, provided such container is removed within 14 days.

(4)

Junk material. It shall be prohibited, and constitute a nuisance, to cause or permit to accumulate any junk material, including, but not limited to, unused or abandoned machinery, equipment or appliances, and all forms of waste and refuse of any type of materials, including unused construction materials, scrap metal, glass, industrial waste and other materials, whether salvageable or not, unless legally maintained for resale.

Abandoned or junked motor vehicles.

(1)

Junk vehicles. Storing or accumulating more than one abandoned or junked motor vehicle per property or storing of parts from more than one abandoned or junked motor vehicle per property is prohibited and considered a nuisance. This subsection shall not apply to a legally existing automotive repair garage or junk yard so long as such uses are in compliance with all applicable Township requirements, including without limitation its zoning regulations.

(2)

Restoration. It is prohibited, and shall constitute a nuisance, to store and/or accumulate more than three antique or collector motor vehicles for restoration which are neither sheltered by a building, or enclosed behind an evergreen or solid fence as permitted by applicable zoning regulations pertaining to screening; or storing or accumulating in a nonorderly fashion three or less antique or collector motor vehicles without registration.

Water discharge. It shall be prohibited, and constitute a nuisance, to drain or cause to flow, or allow to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, sump pumps, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley or from any property into or upon any adjoining property or onto any public highway, road, street, avenue, lane, alley or public right-of-way.

Burning. It shall be prohibited, and constitute a nuisance, to burn tires, tar products or wet garbage that smolders.

Dangerous structures. It shall be prohibited, and constitute a nuisance, to maintain or cause to be maintained, any dangerous structure, including but not limited to, buildings or parts of buildings in a state of dilapidation or disrepair so as to pose a threat to persons or property, whether or not vacant or unattended.

Vegetation; removal of dead/dying vegetation and trees; encroachments.

(1)

Weed, grass, and other vegetation height generally. The following shall be prohibited and constitute a nuisance:

(a)

Permitting the growth of any grass, weeds, or any vegetation whatsoever, not edible or planted for some legal or ornamental purpose, to conceal any rubbish, garbage, trash or any other violation of this chapter.

(b)

Permitting, on any property improved with a dwelling house or structure or which is within 250 feet of any property which is improved with a dwelling house or structure, any grass or weeds or any vegetation whatsoever, not edible or planted for some legal or ornamental purpose, to grow or remain upon such premises so as to exceed a height of six inches or to throw off any noxious odor or to conceal a filthy deposit or to create or to produce pollen.

(c)

This Subsection F shall not apply to the below-listed circumstances, except for the general prohibition against the accumulation of weeds which is prohibited throughout the Township:

[1]

Cultivated or regularly maintained garden areas on real property.

[2]

Real property actively used in the cultivation of crop production, or engaged in active farming, which includes animal husbandry. This does not exempt areas around any structures located on such property, including without limitation residential dwellings, barns, or similar accessory structures.

(2)

Removal of dead/dying vegetation and trees. It shall be prohibited, and constitute a nuisance, for any property owner with property located in the Township to permit a dead or dying shrub, hedge, or other vegetation, or a dead, dying, or damaged tree, any of which might endanger the health or safety of persons or property and are located within the public right-of-way. For purposes of this Subsection F, "dead, dying, or damaged tree which might endanger the health or safety of persons or property" shall mean any dead tree, any tree that is diseased, or any tree that has a dead, diseased, or broken limb or a dead, diseased, or broken trunk, or any tree that is totally or partially uprooted, if the height of the tree or the length of the limb or trunk is such that, if it were to fall, the tree, limb, or trunk could fall within the public right-of-way. The presence of such vegetation and trees shall be considered a safety hazard and a nuisance and, therefore, detrimental to the health, safety, and welfare of the public. Should the Township be required to abate any nuisance caused under this Subsection F(2), the cost for such abatement shall be borne by the property owner.

(3)

Encroachment.

(a)

Rights-of-way. It shall be prohibited, and constitute a nuisance, for any owner of property located in the Township to permit any tree, shrub, hedge, or other vegetation to be planted or grow within the area of any public right-of-way that would obstruct traffic, streetlighting, traffic control devices, access to fire hydrants, or constitutes a danger to the passing public. Nothing in this Subsection F(3) shall prevent the Township from performing regular maintenance to the public right-of-way, including the routine mowing and cutting of vegetation.

(b)

Stormwater facility. It shall be prohibited, and constitute a nuisance, for any owner of property located in the Township to permit any tree, shrub, hedge, or other vegetation to be planted or grow within the area of an easement or stormwater management facility that would adversely affect the function of the easement or stormwater management facility.

(c)

Hydrants. All hydrants shall be kept clear of weeds, rubbish, and all other obstructions for at least a three-foot space around the circumference of the hydrant, by the abutting property owner, and failure to do so shall constitute a nuisance. Landscaping or decorations shall not be used to obstruct or hide the hydrant from clear view, nor prohibit access to the hydrant for use or maintenance.

Wells. Permitting or allowing any well or cistern to be, or remain, uncovered shall be prohibited and considered a nuisance.

Noise.

(1)

Specific noise prohibitions, violation of which shall constitute a nuisance:

(a)

Using or operating a loudspeaker or other sound-amplification device in a fixed or movable position exterior to any building or mounted upon any motor vehicle for the purpose of commercial advertising, giving instructions, information, directions, talks, addresses, lectures or providing entertainment to any persons or assemblage of persons on any private or public property between the hours of 8:00 p.m. and 7:00 a.m. the following day within 100 yards of a residence.

(b)

Operating or causing to be operated any equipment used in the course of construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto in the outdoors between the hours of 8:00 p.m. and 7:00 a.m. the following day, except that no such activity shall commence prior to 9:00 a.m. on Sundays and federal holidays.

(c)

Repairing, rebuilding or modifying any motor vehicle or other mechanical device in the outdoors between the hours of 8:00 p.m. and 7:00 a.m. the following day.

(d)

Operating or permitting the operation of powered model vehicles in the outdoors between the hours of 8:00 p.m. and 7:00 a.m. the following day within 100 yards of a residence.

(e)

Loading or unloading trucks in the outdoors within 100 yards of a residence between the hours of 8:00 p.m. and 7:00 a.m. the following day.

(2)

Place of outdoor public entertainment or assembly. It shall be prohibited, after the Zoning Officer has given appropriate notice requesting abatement, for any person to operate or permit to be operated any loudspeaker or other device for the production of sound in any outdoor place of public entertainment, including but not limited to pavilions or amphitheaters or other places of public assembly which produce sound pressure levels of 90 db(A) or greater at any point that is normally occupied by a person, as read with the slow response on a sound level meter.

(3)

Maximum permissible sound pressure levels. The following chart provides the maximum permissible sound pressure levels at the lot line for noise radiated continuously from a facility between the hours of 8:00 p.m. and 7:00 a.m. the following day.

Table I
Frequency Band (cycles per second)	Sound Pressure Level (decibels re 0.0002 dyne/cm)
20 to 75	69
75 to 150	60
150 to 300	56
300 to 600	51
600 to 1,200	42
1,200 to 2,400	40
2,400 to 4,800	38
4,800 to 10,000	35

If the noise is not smooth and continuous and is not radiated between the hours of 8:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the decibel levels given in Table I.

Table II
Type of Location of Operation or Character of Noise	Corrections in Decibels
Daytime operation only	+5
Noise source operates less than:
20% of any 1 hour period	+5*
5% of any 1 hour period	+10*
1% of any 1 hour period	+15*
Noise of impulsive character (hammering, etc.)	-5
Noise of periodic character (hum, screech, etc.)	-5

NOTES:

*Apply one of these corrections only.

(4)

Measurement. Noise shall be measured with a sound level meter or octave band analyzer in accordance with ANNSI S1.4-1983 (R1997), S1.6-1984 (R1997) and S1.11-1986 (R1998), or their successor publications.

(5)

Exemptions. The following noise-related activities or operations shall be exempt from this subsection.

(a)

Noise created by the operation of power equipment, such as power lawn mowers and chain saws, between the hours of 7:00 a.m. and 8:00 p.m. the same day.

(b)

Emergencies. Noise caused in the performance of emergency work by authorized emergency services, such as fire, police and ambulance.

(c)

Public improvements. Noise caused in the performance of snow removal or construction or repair of roadways conducted at night to minimize traffic disruptions.

(d)

Agricultural uses.

Snow. It shall be prohibited, and constitute a nuisance, to push, shovel or otherwise deposit snow upon the public right-of-way, the shoulder, cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.

Street obstruction; street vision obstruction.

(1)

Generally. It shall be prohibited, and constitute a nuisance, to:

(a)

Allow or permit any excavation, material excavated or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.

(b)

Push, rake, drag, or in any other manner deposit or cause (intentionally or unintentionally) any dirt, mud, stones, debris, leaves, grass clippings or other vegetative materials, or other construction materials or junk, upon the right-of-way, or any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania and/or allowing the same to remain thereon.

(2)

Vision obstruction along streets prohibited. It shall be prohibited, and constitute a nuisance, for any person or entity owning property in the Township to permit or allow any tree, shrub, hedge, or other vegetation to create a vision obstruction on any road or street located in the Township. All owners of property located in the Township maintain trees, shrubs, hedges, and other vegetation on their property pursuant to the following standards:

(a)

Within the public right-of-way, such plants shall not obstruct the vision of motorists or interfere in any manner with the public or Township use of the public right-of-way appurtenant thereto. For the purposes of this Subsection J, shrubs, hedges or other vegetation having a height, width, or spread in excess of 30 inches shall be presumed to obstruct the vision of motorists travelling any street bordering such a property or interfere with the public or Township use of the right-of-way appurtenant thereto.

(b)

Within the public right-of-way and at all intersections of streets, private roads, alleys, and access drives, such plants shall be maintained in order to maintain minimum 100-foot clear sight triangles, or greater if required under the applicable provisions of the Township's Zoning Ordinance or Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 205, Zoning, and Ch. 178, Subdivision and Land Development, respectively.

(c)

Within the public right-of-way where driveways intersect with streets, such plants shall be maintained in order to maintain minimum seventy-five-foot clear sight triangles, or greater if required under the applicable provisions of the Township's Zoning Ordinance or Subdivision and Land Development Ordinance.

(d)

At no time shall such plants or any part thereof obstruct any traffic control device.

Odor. It shall be prohibited, and constitute a nuisance, to permit or allow any continuous, frequent or repetitive emission of odors or odor-causing substances that would be offensive at or beyond any property line. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter 5 of the "Air Pollution Abatement Manual," copyright 1952, by the Manufacturing Chemists Association, or as subsequently amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted. This subsection shall not apply to agricultural use operations which are in compliance with all local, state and federal rules and regulations.

Defacing public and private property. It shall be prohibited, and constitute a nuisance, for any person acting independently or under the direction of the principal to deface any private or public buildings, structures, signs, banners, or vehicles within the township. Examples of defacing shall include but not be limited to the following examples: application of paint, inks and dyes; affixing of any printed materials such as signs or posters; destruction or removal; defacing in any manner.

§ 130-5 Written notice to violators required.

Whenever a condition constituting a nuisance develops or is maintained, the Township, by and through the Code Enforcement Officer, manager, or any other duly authorized Township officer, shall cause written notice to be served upon the owner and/or occupier of the property creating such condition. Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations or by fencing or boarding, or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within five days and thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's or occupier's expense.

§ 130-6 Service of notice.

Whenever a condition constituting a nuisance develops or is maintained, the Township, by and through the Code Enforcement Officer, Manager, or any other duly authorized Township officer, shall cause written notice to be served upon the owner and/or occupier in one of the following manners:

By making personal delivery of the notice to the owners and/or occupiers; or

By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence; or

By fixing a copy of the notice to the door at the entrance of the premises whereat the violation exists; or

By mailing a copy of the notice to the last-known address of the owner by certified mail and first-class postage prepaid; service will be presumed on the third day following mailing if the certified mail is returned undelivered but the first-class mail is not.

§ 130-7 Failure to act.

If, after notification, the owner and/or occupier does not contact the Township within the five days referred to in § 130-5 above to confirm removal or correction of the nuisance, or to confirm steps have been commenced to adequately abate such nuisance in a manner acceptable to the Township, the Township may presume the owner or occupier agrees with the designation of the condition as a nuisance by the Township.

§ 130-8 Enforcement; violations and penalties.

This chapter regulates building, housing, property, maintenance, health, fire, public safety, air or noise pollution, and shall be enforced pursuant to Section 1601 of the Pennsylvania Second Class Township Code (53 P.S. § 66601) or, alternatively, pursuant to Section 3601 of the Pennsylvania Second Class Township Code (53 P.S. § 68601) in the manners outlined below, subject to any amendment to the applicable enforcement sections cited.

Enforcement may be by an action before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Civil Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. 83(c) (relating to trial and summary cases). The Board of Supervisors hereby set a criminal fine against any individual found to be guilty of violating this chapter in an amount of not less than $50 and not more than $1,000 per violation, in the court's discretion, plus the costs of prosecution, including reasonable attorney's fees and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than 10 days, provided further that each day's continuance of a violation shall constitute a separate and distinct violation. Alternatively, enforcement may be pursuant to Section 3601 of the Pennsylvania Second Class Township Code (53 P.S. § 68601).

The Township, by and through the Code Enforcement Officer or manager, may direct the abatement of any nuisance, by removal, repair, or alterations, as the case may be, to be done by the Township and to certify the costs thereof to the Township and the Township Solicitor. The cost of such abatement, including as the case may be removal, repairs or alterations, shall be a municipal lien upon such property from the time of such abatement which date shall be determined by the certificate of the person doing such work, and filed with the Township and the Township Solicitor. The Township Solicitor may file a municipal lien in the Cumberland County Prothonotary's office upon completion of the abatement work, and may recover attorney's fees as provided by applicable law. The Township shall have no liability for any damages caused in abating any nuisance as provided for under this chapter.

The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation or seek any such other relief as any such court of competent jurisdiction is empowered to afford.