[HISTORY: Adopted by the Board of Supervisors of Manor Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2015 by Ord. No. 3-2015]
This article shall be known as the "Manor Township Disruptive
Conduct Ordinance."
The purpose of this article and the policy of Manor Township
shall be to give the Manor Township Police Department another tool
to handle complaints between neighbors when there is disruptive conduct
involved. As a means to these ends, this article provides for a system
to regulate disruptive behavior in residential rental units, and penalties.
As used in this article, the following terms shall have the
meanings indicated:
A person designated by the Township to enforce ordinances,
including the appeals of disruptive conduct reports.
Any act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise as defined Chapter 299, Noise, or the Pennsylvania Crimes Code, Section 5503, Disorderly Conduct Section (a)(2).[1] Use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as "disorderly conduct" in the Pennsylvania Crimes Code or any act prohibited in Chapter 117, Alcoholic Beverages. Chapter 178, Curfew, and Chapter 299, Noise, of the Township Code or which otherwise injures or endangers the health, safety or welfare of the residents of the Township residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of disruptive conduct, as defined herein; provided, however, that no disruptive conduct shall be deemed to have occurred unless a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences in writing.
A written report of disruptive conduct to be completed by
a police officer who actually investigates an alleged incident of
disruptive conduct.
A person retained by an owner to be responsible for one or
more residential rental units within the Township.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected and maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in copartnership, each such person shall
be considered an owner and shall have all of the duties of an owner
under this article.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
A premises in which food, shelter, and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration, and which meets
the regulations of any applicable government licensing agency.
Any parcel of real estate within the Township, including
the land and all buildings and appurtenant structures, on which one
or more residential rental units are located.
A rooming unit or a dwelling unit for rent or a residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, and each rooming unit shall be considered
a separate residential unit. If a structure contains a rooming unit
or if any portion of the structure is let for rent, it shall be considered
a residential rental unit, whether or not the owner or a relative
of the owner also resides in the structure. A residential rental unit
shall not include a hotel unit or a personal-care home. A residential
rental unit includes dwelling units under lease-purchase agreements
or long-term (greater than six months) agreements of sale. A portion
of a dwelling unit including any room or group of rooms forming a
single habitable unit used or intended to be used for living and sleeping,
but not for cooking purposes. Granting of permission to use shared
or common cooking facilities may be associated with the leasing of
a rooming unit.
The Township of Manor, Lancaster County, Pennsylvania.
[1]
Editor's Note: See 18 Pa.C.S. § 5503(a)(2).
A.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in compliance with
all applicable codes and provisions of all applicable state laws and
regulations.
(2)
Be aware of and act to eliminate disruptive conduct in all residential
rental units.
(3)
Employ policies to manage the residential rental units under his/her
control in compliance with the provisions of this article, Township
codes and applicable state laws.
(4)
Provide each tenant with a disclosure statement containing the requirements
of this article, including the provisions relating to disruptive conduct.
Provision of a copy of this article to each tenant will satisfy this
requirement.
Each occupant of a residential rental unit shall have the following
duties:
A.
Comply with all obligations of this article and all applicable codes
and Township ordinances as well as all state laws and regulations.
B.
Conduct himself/herself and require other persons, including but
not limited to guests on the premises and within their residential
rental unit with their consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
C.
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct or other violations of this article, codes, Township ordinances,
or applicable state laws.
D.
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
E.
Not permit the possession of, serving to or consumption of alcohol
by underage persons.
A.
Police officers shall investigate alleged incidents of disruptive
conduct. The police officer conducting the investigation shall complete
a disruptive conduct report upon a finding that the reported incident
constitutes disruptive conduct. The information filed in the disruptive
conduct report shall include, if possible, the identity of the alleged
perpetrator(s) of the disruptive conduct and identity of all tenants
listed on the lease for the residential rental unit, whether each
such tenant is present at the time of the disruptive conduct or is
not present at that time. The information shall also set forth the
factual basis of the disruptive conduct described in the disruptive
conduct report. A copy of the disruptive conduct report shall be given
or mailed to the occupant, the owner, and, if applicable, the manager
within 10 working days of the occurrence of the alleged disruptive
conduct event.
B.
The occupant or the owner and, if applicable, the manager shall have
10 working days from the date of the filing of a disruptive conduct
report to appeal the disruptive conduct report. The appeal shall be
made in writing, verified by an affidavit, and shall state the grounds
therefor and be submitted to the Code Enforcement Officer. The appeal
shall be accompanied by the appeal fee, which shall be established
by resolution of the Manor Township Supervisors. The appellant or
his representative shall have the right to appear and be heard, if
such right is requested in the written appeal. The Code Enforcement
Officer shall make a prompt decision of such appeal. The Code Enforcement
Officer shall render a written decision, within 30 days of receipt
of the appeal, copies of which shall be provided to the Police Department
and the appellant.
C.
If the disruptive conduct report is not appealed or upheld after
an appeal, the names of the people cited for the disruptive conduct
will be placed on a list, stating the date of the offense, nature
of the offense and location of the offense. This list shall be maintained
by the Manor Township Police Department and the Code Enforcement Officer.
The information on this list shall be made available to the general
public when requested.
D.
After three disruptive conduct incidents in any twelve-month period by an occupant documented by disruptive conduct reports, the owner and, if applicable, the manager shall have 10 working days from the date of the third disruptive conduct report to begin eviction proceeds against the occupants. Failure to take such action will result in the filing of a lien against the property by the Township and the notification of the Better Business Bureau regarding the owner's noncompliance. These actions shall not be reversed unless the Magisterial District Judge has ruled in the occupant's favor, the Magisterial District Judge has ruled in the owner's favor but has not ordered the eviction of the occupant(s), or the occupants have filed an appeal to a higher court or declared bankruptcy, thereby preventing their eviction. The disruptive occupants, upon eviction, shall not reoccupy any residential rental unit on the same premises involved or another owned by the same owner for a period of at least one year from the date of eviction. This subsection is not intended to limit or inhibit the owner's and, if applicable, the manager's right to initiate eviction actions prior to the issuance of the third disruptive conduct report in a twelve-month period. When an eviction occurs, the tenant's name will also be added to the list in Subsection E of this section.
E.
The disruptive conduct report shall count against all occupants of the residential rental unit. More than one disruptive conduct report filed against the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct report for the purpose of Subsection D of this section. The Code Enforcement Officer shall maintain a list of the names of all occupants evicted as a result of Subsection D of this section. The names shall remain on the list for a period of three years.
An appeal from any decision of the Code Enforcement Officer
shall be taken to a board approved by the Manor Township Supervisors.
This board shall consist of a Manor Township Supervisor, Township
Manager and/or Assistant Manager and the Township Chief of Police.
Such appeal shall be made in writing within 10 working days after
such decision has been made. The appeal shall be verified by an affidavit,
shall state the grounds therefor and shall be filed with the Township
Secretary. The appeal shall be accompanied by the appeal fee, which
shall be established by resolution of the Manor Township Supervisors.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. The
Township Supervisors shall make a prompt decision on such appeal.
The Township Supervisors shall render a written decision, within 60
days of receipt of the appeal, copies of which shall be provided to
the code official and the appellant.
A.
B.
Penalties and remedies.
(1)
Whoever violates any other provision of this article shall, upon
a first offense, be fined no less than $200 and not more than $1,000.
The defendant shall also be liable for all court costs, including
reasonable attorney fees incurred by the Township. Upon default of
payment thereof, the defendant may be sentenced to imprisonment in
the county prison for a period of not more than 30 days.
(2)
Whoever violates any provision of this article shall, upon a second
or subsequent offense, be fined no less than $500 and not more than
$1,000. The defendant shall also be liable for all court costs, including
reasonable attorney fees incurred by the Township. Upon default of
payment thereof, the defendant may be sentenced to imprisonment in
the county prison for a period of not more than 60 days.
(3)
In addition to prosecution of persons violating this article, the
Code Enforcement Officer, or any duly authorized agent of the Township,
may take such civil or equitable remedies, in any court of record
of the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this article.
