[Ord. 1985-1, 2/13/1985]
As used in this Part, terms shall have the meanings indicated,
unless a different meaning clearly appears from the context:
A detached structure which is not used or not intended to
be used for living or sleeping by human occupants and which is located
on or partially on any premises.
Any condition which provides the necessary environment for
the birth or hatching of vectors.
Water contained in ditches, pools, ponds, streams, excavations,
holes, depressions, open cesspools, privy vaults, fountains, cisterns,
tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles,
tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels,
receptacles of any kind, or other containers or devices which may
hold water.
A container of metal, wood, heavy-duty plastic or synthetic
material of solid construction, with a tight-fitting cover secured
against wind and leakage.
Department of Environmental Resources, Commonwealth of Pennsylvania.
Fallen into partial ruin or decay.
Storage, collection, disposal or handling of refuse.
The control and elimination of vectors by eliminating their
harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, fogging,
larviciding, trapping or by any other recognized and legal vector
control elimination methods approved by the local or State authority
having such administrative authority.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of food.
Any place where vectors can live, nest or seek shelter.
Any person, over one year of age, living, sleeping, cooking
or eating in or actually having possession of a dwelling unit or a
rooming unit; in dwelling units a guest will not be considered an
occupant.
Any person who, alone or jointly or severally with others
shall have:
Legal title to any premises, dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Charge, care, or control of any premises, dwelling or dwelling
unit, as owner or agent of the owner, or an executor, administrator,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this ordinance and of the rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
Any natural person, firm, partnership, association, or corporation.
All solid wastes, except human body wastes, and including
handling of refuse.
Glass, metal, paper, plant growth, wood, or nonputrescible
solid wastes.
A rodent, arthropod, or insect capable of transmitting a
disease or infection, including but not limited to rats, mosquitoes,
cockroaches, flies and ticks.
A form of construction to prevent ingress or egress of vectors
to or from a given space or building or gaining access to food, water,
or harborage, including, but not limited to, rat-proofing, fly-proofing
and mosquito-proofing.
[Ord. 1985-1, 2/13/1985]
It shall be unlawful:
1.Â
For any person to deposit or to knowingly permit any person acting
as agent, employee, or servant of said person to deposit any refuse,
offal, pomace, dead animals, decaying matter, or organic substance
of any kind in or upon any private lot, building, structure, accessory
structure, premises, or in or upon any street, avenue, alley, parkway,
ravine, ditch, gutter, or into any of the waters of the Commonwealth
so that the same shall or may afford food, harborage or breeding areas
for vectors.
2.Â
For any person to deposit or permit to accumulate in or upon any
premises, improved or vacant, or on any open lot, or alley, any lumber,
boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles,
pipe, broken stone or cement, broken crockery, broken plaster, or
rubbish of any kind, unless the same may be kept in covered receptacles
or placed on open racks that are elevated not less than 18 inches
above the ground, and evenly piled or stacked; or unless disposed
of in a manner approved by DER.
3.Â
To maintain a junkyard or a place for the dumping or wrecking or
disassembling of automobiles, trucks, tractors, or machinery of any
kind or of any of the parts thereof, or for the storing or leaving
of any machinery or equipment used by contractors or builders or by
other persons, in such a manner as to afford harborages or breeding
areas for vectors.
4.Â
To store refuse in containers other than covered receptacles, which
shall be kept clean by rinsing and draining as often as necessary
so as not to provide food or breeding areas for vectors.
5.Â
To dump, burn, bury, destroy, or otherwise dispose of refuse except
at an approved refuse disposal site.
6.Â
To collect, haul, transport, or convey garbage in open, unenclosed,
nonleak-proof vehicles.
7.Â
To construct, maintain or use a sewage system, privy, urinal, cesspool,
or other receptacle for human excrement so that vectors may have access
to the excrementitious matter contained therein.
8.Â
To have, keep, maintain, cause or permit any collection of standing
or flowing water except for agricultural or industrial purposes in
which mosquitoes breed or are likely to breed, unless such collection
of water is treated or maintained so as effectually to prevent such
breeding.
[Ord. 1985-1, 2/13/1985]
1.Â
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof, in such a manner as to prevent
breeding areas and harborages for vectors.
2.Â
Every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for extermination within his
dwelling unit. Notwithstanding the foregoing provisions of this subsection,
whenever infestation is caused by failure of the owner to maintain
a dwelling in a rodent-proof or reasonable insect-proof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units in any dwelling, or in
the shared or public parts of any dwelling containing two or more
dwelling units, extermination shall be the responsibility of the owner.
[Ord. 1985-1, 2/13/1985]
1.Â
Any dwelling, building, structure, accessory structure, premises
or any other place shall be required to be vector-proofed when found
to provide harborage or breeding areas for vectors, upon written notice
at least 10 days prior to a hearing, and upon hearing by the Board
of Supervisors with an opportunity for the owner to be present, to
cross-examine witnesses, and to receive a written decision to be rendered
within 10 days after the hearing and with a court appeal.
2.Â
It shall be unlawful for the owner, occupant, contractor, public
utility company, plumber or any other person to remove and fail to
restore in like condition the vector-proofing from any building, structure
or accessory structure for any purpose.
[Ord. 1985-1, 2/13/1985]
A program plan and specifications for private vector control
programs shall be required to be submitted by the owner to the Township
upon determination of the necessity by the Vector Control Program
Director. Said determination shall be served on the owner personally
or by certified mail. Within 10 days of said service the owner may
contest the necessity of the program by requesting a hearing to be
conducted in accordance with § 204 of this Part. Said program
plan shall be submitted by the owner to the Board of Supervisors within
10 days of notice. The program plan shall state the type of vectors
to be controlled, the name of the company contracted to carry out
the program, if any, and any and all work to be conducted in an effort
to control said vectors. The Vector Control Program Director shall
review the program plan, and if the plan is found to be inadequate
or incomplete, additional information may be required as well as additional
control methods. The owner may request a hearing on the Director's
determination in accordance with § 204 of this Part.
[Ord. 1985-1, 2/13/1985]
1.Â
From and after passage of this ordinance, the Township of Kingston
and/or a representative of the vector control program is empowered
to make periodic inspections of the interior and exterior of all dwellings,
buildings, structures, and accessory structures, premises, collections
of water, or any other places to determine full compliance with this
ordinance, and to determine evidence of vector infestation and the
need for vector-proofing or additions or repairs to existing vector-proofing.
2.Â
Whenever it shall be determined by the Board of Supervisors that
any dwelling, building, structure, accessory structure, premises,
collection of water, or any other place is in violation of this Part,
a notice shall be issued setting forth the alleged violation(s), and
advising the owner, occupant, operator, or agent that such violation(s)
must be corrected. The time for the correction of said violation(s)
must be given as well as the necessary methods to be employed in the
correction.
3.Â
Whenever any violation(s) shall fail to be corrected within the time
set forth, and an extension of time is not deemed to be necessary,
the Municipality may proceed to abate the violation(s) in the manner
provided by law.
[Ord. 1985-1, 2/13/1985; as amended by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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 Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
