[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock 8-4-2009 by Ord. No. 644 (Ch. 10, Part 1, of the 1983 Code). Amendments noted where applicable.]
No person, firm, partnership or corporation owning or having a present interest in any real estate within Slippery Rock Borough shall permit grass or weeds or vegetation, except as may be provided in § 114-4, to grow or remain on such premises, including any portion of the premises within a Borough right-of-way, occupied by a street or alley, or abutting or adjacent to an intersection, so as to exceed a height of eight inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or to produce pollen. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of Slippery Rock Borough.
The owner of any such premises, whether occupied by the owner or not, shall remove, trim or cut, or cause to be removed, trimmed or cut, all such vegetation growing or remaining upon such premises in violation of § 114-1.
All words are to be given their common, ordinary, dictionary definition, unless specifically defined herein.
As used in this chapter, the following terms shall have the meanings indicated:
- WALKING/BIKING PATHS OR TRAILS
- Paths or trails used for walking, cycling, cross-country skiing, or other activities, which have been improved with some type of routinely maintained media such as wood or rubber mulch or asphalt.
- Any undesired, uncultivated plant, especially one growing in profusion so as to crowd out a desired plant or crop, disfigure a lawn, cover an accumulation of trash or filth or throw off a noxious odor.
- Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
- WILDLIFE SANCTUARY
- A tract of land set aside by law for the protection of wildlife.
The terms of this chapter are subject to the following exemptions or limitations:
Property or portions of property maintained for agricultural purposes. This subsection includes any portion of property on which is grown, continuously or seasonally, agricultural crops for harvest (e.g., soybeans, corn, hay, Christmas trees), provided that the perimeter of such agricultural property is maintained within 200 feet of any abutting property line in accordance with § 114-1.
Conservation areas, such as wetlands, wildlife sanctuaries, and walking/biking trails; provided, however, that these areas are to be maintained in a way appropriate for their use and in accordance with applicable state and federal laws.
Gardens, flowers, shrubs, bushes, trees, and ornamental plantings that are purposefully groomed and maintained and which are not within the Borough's right-of-way.
Wooded areas where trees exist or are grown and which cannot be mowed or maintained by a push or riding lawn mower.
The enforcement of this chapter will be carried out by the Slippery Rock Borough Municipal Code Enforcement Officer.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Butler County.
Upon failure of the owner to cut or destroy weeds after service of a notice violation, he or she shall be subject to prosecution as set forth in § 114-6 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of Slippery Rock Borough or contractor hired by Slippery Rock Borough shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.