[Adopted 4-4-1995 by Ord. No. 95-9; amended in its entirety 5-12-2015 by Ord. No. 2015-8]
This article shall be known as the "Nuisance Ordinance."
A.
Where not defined in this or in another Millcreek Township ordinance
or applicable statute of the commonwealth, terms shall be given their
ordinary, customary and common meaning.
B.
COMPOST
COMPOSTING
EMISSION
GLARE
HUMUS
NUISANCE
NUISANCE ELEMENT
SOLID WASTE
VEHICLE
Terms defined. The following words, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates otherwise.
Relatively stable decomposed organic matter.
A controlled process of degrading organic matter by microorganisms.
A discharge of pollutants into the air.
The effect produced by brightness sufficient to cause annoyance,
discomfort or loss in visual performance and/or visibility.
Decomposed organic material.
Generally, an act or omission which obstructs, interferes
with and/or causes inconvenience and/or damage to the public in the
exercise of common rights and/or enjoyment and use of property. This
term applies to any public nuisance, including but not limited to
interferences with the interests of the community and/or the comfort
and convenience of the general public, including interference with
the public health, peace, safety and/or general welfare and/or all
other acts and/or omissions considered harmful to the promotion of
the health, cleanliness, comfort, safety and general well-being of
the citizens of Millcreek Township and all acts declared herein to
be a nuisance.
Any environmental pollutant, such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibration, glare or heat.
Unwanted or discarded material or refuse, including garbage,
with insufficient liquid content to be free-flowing.
A device propelled by power other than human power, designed
and/or used for the transportation of people or goods over land surfaces
and including, without limitation, automobile, truck, trailer, motorcycle,
tractor, buggy and wagon.
A.
Maintenance of nuisances prohibited. It shall be unlawful for any
person to cause, commit, establish, allow or permit to exist a public
nuisance within Millcreek Township.
B.
Removal of nuisances or dangerous structures. The Township, by its
duly authorized representatives, may abate and/or remove any nuisance
or dangerous structure on public or private grounds after notice to
the owner to do so and, upon the owner's default, collect all costs
of such removal, together with such penalty as is hereinafter set
forth.
The following uses of and activities upon public and/or private
real property within the Township of Millcreek are hereby declared
to be nuisances and are hereby prohibited. This section shall not
be interpreted or construed so as to authorize other activities not
specified below which may be determined to constitute a public nuisance,
for such other activities are also prohibited:
A.
The use of any premises as a trash, garbage or other dump, unless
specifically authorized;
B.
The depositing or dumping of any amount of trash, garbage, solid
waste, recyclable materials, leaf waste or other unauthorized material
upon the premises of another or upon public property;
C.
The burning or setting fire to trash, rubbish, refuse, garbage, solid
waste, recyclable materials, leaf waste, motor vehicles, machinery
or other material brought upon and accumulated or stored on any premises
from any other location(s);
D.
The storing of gasoline, kerosene or other petroleum products in
excess of 5,000 gallons, except by gasoline service stations or dealers
where all gasoline, kerosene or other petroleum products are stored
in appropriate tanks;
E.
Any use of or activity upon property that, by reason of flame, glare,
smoke, odors, emission, fumes, noise or dust, unreasonably interferes
with the reasonable use, comfort and enjoyment of a neighbor's property
or endangers the health, safety and/or welfare of the occupants of
a neighboring property, or endangers the health, safety and/or welfare
of Township residents and/or the users of the Township's public streets,
property or facilities;
F.
The excessive or unreasonable accumulation of scrap, junk, trash,
garbage, solid waste, recyclable materials, leaf waste, compost, humus
or other material upon a premises causing odors, fumes or unsightly
appearance to neighboring property owners;
G.
The deterioration of any structure or property to such a state where
it becomes unsafe and/or is unusable for its intended purpose, and/or
constitutes a fire hazard endangering surrounding structures, property
or persons and/or provides shelter for rats or other wild animals
or vermin, and/or creates a hazard to the health, welfare and/or safety
of children or adults who reside, play or work thereabouts;
H.
Any composting activity which, by virtue of size, location, lack
of proper controls, content or other reason, unreasonably interferes
with the reasonable use, comfort and enjoyment of a neighbor's property
or endangers the health, safety and/or welfare of the occupants of
a neighboring property, or endangers the health, safety and/or welfare
of Township residents and/or the users of the Township's public streets,
property or facilities;
I.
The leaving or placement by any person of a vehicle at any place
within the Township for such time and under such circumstances as
to cause such vehicle reasonably to appear to have been abandoned;
J.
The leaving or placement of any nonoperating, wrecked, dismantled
and/or junked vehicle on any street, highway or public right-of-way
within Millcreek Township;
K.
The disposition or permitting or allowing of any refuse or litter
to be strewn about the premises of any property;
L.
The deposit or placement of litter, refuse or other materials upon
public property and/or the property of another; and
M.
Any other use or activity prohibited under this article.
A.
Impoundment of vehicles. The Chief of Police or any member of the
Township Police Department or other law enforcement agency having
appropriate jurisdiction is authorized to remove or have removed any
vehicle left at any place within the Township which reasonably appears
to be in violation of this article or lost, stolen or unclaimed. Such
vehicle shall be impounded until lawfully claimed or disposed of in
accordance with the Vehicle Code, 75 Pa.C.S.A. § 3352, as
the same in the future may be amended.
B.
The Board of Supervisors, through adoption of this article, does
not in any way waive any of its civil and/or equitable rights to abate
any nuisance which may exist within the Township of Millcreek.
C.
All other regulations of this article shall be enforced as civil
matters in accordance with the procedures set forth in the Ordinance
Enforcement Ordinance.
D.
Nothing in this section shall be construed to prohibit or limit the
Township of Millcreek from taking action to abate nuisances prior
to or independent of proceedings for enforcement in cases of violation
of this article.
A.
It shall be unlawful and a violation of this article for any person
to commit, establish, allow and/or permit the occurrence of a public
nuisance, this including violation those acts and omissions prohibited
by this article.
B.
Each violation and each day a violation continues shall constitute
a separate offense.
C.
Where a violation involves acts or omissions on a property owned
by one person and occupied by another, the Township shall have authority
to cited either or both the owner and occupant and to determine whether
one or both parties is or are responsible for the violation.
D.
Upon a determination of violation of this article by the Magisterial
District Judge having jurisdiction, a fine for each violation shall
be imposed upon the person or persons found to have violated this
article, as follows:
(2)
For violations of § 40-7G, a fine of not less than $600 and not more than $1,000 for each violation, plus costs and attorney's fees incurred by the Township.
(3)
For all other violations, a fine of not less than $400 and not more
than $600 for each violation, plus costs and attorney's fees incurred
by the Township.
