[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 2-9-1970 by Ord. No. 129. Amendments
noted where applicable.]
A.
ACTIVITY OR CONDITION AGAINST THE PUBLIC WELFARE
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(a)
(b)
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NOTICE
PERSON
STRUCTURE
TERMS
The following words when used in this chapter shall
have the meaning ascribed to them in this chapter except in those
instances where the context clearly indicates otherwise:
Such activity, existence of a condition or state of being,
which based upon actual conditions in the Township is offensive and
prejudicial to public life, health, safety, morals, general welfare,
peace, decency, dignity, comfort or convenience of the inhabitants
of the Township or to the reasonable use of property or the tranquility
of the community, including, but not limited to, the following:
The ownership, maintenance, inhabitation, use
or offering for use any structure on public or private grounds which
may be dangerous or detrimental to the public welfare.
The willful making or causing to be made of
any loud, boisterous, or unseemly noise or disturbance so as to disturb
or annoy the peaceable public anywhere within the Township.
Any act or conduct tending to cause riot, panic,
violence or general disturbance.
Any discharge without legal rights, except in
authorized celebrations, of any gun, pistol, firearm, fireworks or
other explosive.
The unnecessary or unreasonable obstruction
of any passageway in any public building or public place or business
place or any sidewalk, pavement, driveway, highway, street, lane,
alley or thoroughfare.
The depositing of snow and ice is restricted.
No person or business shall deposit or cause to be deposited, any
snow and/or ice on, against or around a fire hydrant or any sidewalk,
roadway or loading and unloading area of a public transportation system.
Every person or business in charge of any building
or structure within the Township of South Whitehall, whether as owner,
tenant, occupant, lessee or otherwise, shall remove and clear away
any accumulation of snow and ice on said building or other structure,
which is liable to fall on any sidewalk or roadway. Such work shall
be completed within four hours after sunrise after the cessation of
any fall of snow, sleet or freezing rain upon request of a Township
official.
The sale or offering for sale, the lease or
offering for lease, gift or offering for gift, or distribution any
unwholesome, impure or offensive food or drink or any other material
intended for human or animal consumption.
The participation in an unlawful gathering or
the vexing, hindering, annoying or delaying any person whereby the
public peace or comfort is broken or the public annoyed.
The lounging or loitering upon any street, road,
highway, street corner, curb, sidewalk, land, alley, park, square,
common, or any public building, public place or business place or
private residence, store, shop, church entrance or exist or passageway.
The use of indecent, vile and profane language,
audibly on the public streets, lanes, alleys, parks, squares, commons,
public buildings, public places, business places, churches, schools
or any public place within the Township.
The congregating or assembling at, near or about
a place where a fire is in progress, or where the Fire or Police apparatus
have been summoned by an alarm of necessity, thereby hindering, delaying
or obstructing any such apparatus, its men or equipment or rendering
dangerous, by such assembly, the management of such apparatus.
The neglect or refusal promptly to regard and
obey the orders of any police officer or firefighter in respect to
the discharge of their duties in the enforcement of the laws and ordinances
of the Township and at any place where a fire is in progress.
The presence of stagnant water, marsh, bog or
other condition which is conducive to the breeding of mosquitoes,
flies or other insects dangerous to public health.
The discharge into any river, stream, creek,
pond or other body or course of water any pollutant which is injurious
to the health of the public or fish or other wildlife living in or
around the water, or which is harmful to the natural plant life or
vegetation in or near said water, or which causes a discoloration
or unnatural odor in the water.
The unauthorized interference with the flow
or any river, stream, creek or other course of water or the alteration
of the natural flow of water from a person's land where such alteration
is prejudicial to any public interest.
The presence of trees or vegetation on private
property or within the adjoining public street rights-of-way that
present an imminent threat to private or public property, or to life
safety.
The serving of notice upon a person as provided by law or
the sending of notice by Certified Mail, Return Receipt Requested,
to the person's last known address.
Includes any individual, organization, corporation, partnership,
government or governmental subdivision or agency, business, trust,
estate, association and any other legal entity.
Includes any building, permanent or temporary, fully erected
or not, intended for shelter, housing or enclosure of persons, animals
or property of any kind.
The present tense shall include the future, the singular
shall include the plural, and the plural, the singular.
B.
The Crimes Code already covers many of the practices
set forth in this chapter under "Activities or Condition Against the
Public Welfare":
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(2)
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Unreasonable Noise: 18 Pa.C.S.A. § 5503(a)(2).
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(3)
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Riot: 18 Pa.C.S.A.: § 5501.
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(5)
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Obstructing Public Ways: 18 Pa.C.S.A. § 5507.
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(7)
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Harassment: 18 Pa.C.S.A. § 2709.
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(8)
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Loitering: 18 Pa.C.S.A. § 5506.
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(9)
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Obscene Language: 18 Pa.C.S.A. § 5503(a)(3).
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(11)
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Failure to Disperse: 18 Pa.C.S.A. § 5502.
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(13)
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Discharge of Pollution: 35 P.S. § 691.202.
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It shall be unlawful for any person to create
or maintain an activity or condition against the public welfare as
herein defined. Any person violating any provision of this chapter
shall be subject to the penalties hereinafter provided.
[Amended 2-7-1989 by Ord. No. 449]
For any and every violation of any provision
of this chapter, the Township shall exercise any one or more of the
following remedies:
A.
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.[1]
B.
Provide notice to the person violating said Part to abate the activity or condition against the public welfare and upon failure of such person to do so within a period of 10 days from the date of the service or the mailing of said notice, the Township shall arrest and fine such person as provided in Subsection A, hereinabove, and may take such steps as are necessary to abate the activity or condition against the public welfare and charge said person violating the chapter with all costs thereof together with a collection fee of 10%, and upon failure to pay said costs within 20 days of notice by the Township, the Township may file a municipal claim or an action in assumpsit against said person or property together with a collection fee of 10%.
C.
If upon conviction or notice as herein provided a
person shall fail or refuse to abate an activity or condition against
the public welfare, the penalty shall be imposed and reimposed for
each and every day the violation continues.
D.
Institute proceedings in any court of equity having
jurisdiction to enjoin the continuance of the activity or condition
against the public welfare.
