[Ord. 565, 6/2/2004; as added by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Nuisance Ordinance."
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this Part when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association or corporation.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures.
Any premises which have unsanitary sewerage or plumbing facilities.
Any premises designated as unsafe for human habitation or use.
Any premises which are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecured as to endanger life, limb or
property.
Any premises from which the plumbing, heating and/or facilities
required by this Part have been removed, or from which utilities have
been disconnected, destroyed, removed or rendered ineffective, or
the required precautions against trespassers have not been provided.
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have uncontrolled growth of weeds.
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and is dangerous to anyone on or
near the premises.
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
1.
It shall be unlawful for any person to create or maintain any condition
upon their property which could directly or indirectly cause a nuisance,
public nuisance or health hazard to residents of the Township.
2.
Specifically, the unsheltered storage or maintenance of unused, stripped,
damaged and generally unusable machinery or equipment, or materials,
fixtures or appliances shall be considered a nuisance and/or health
hazard if any of the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Openings or areas which are conducive to the harboring and growth
of vermin or pest insects.
C.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt or fall from its
original storage position.
D.
Any other condition which, in the opinion of the Code Official shall
be deemed to be a health hazard, potential health hazard or nuisance.
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
1.
Storage of items as listed in § 10-103, Subsection 2, hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 10-103, Subsection 2, must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Supervisors. The nuisance(s) must be stored within a garage or other enclosed building or outside within a nontransparent fence at least six feet high which is locked at all times when unattended. With the special approval of the Code Official, nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. All such storage areas shall be considered a structure under this Part and the Zoning Ordinance [Chapter 27] and as such must comply in all respects with the Zoning Ordinance [Chapter 27] in regard to structures. The total area of storage of such potential nuisances shall not exceed 100 square feet. In addition, the machinery, equipment or materials shall be kept free of vermin and pest/insect infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed.
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
1.
The Code Official is hereby empowered to inspect grounds on which
machinery, equipment, and/or various materials are stored to determine
if there is compliance with the provisions of this Part. If noncompliance
with the provisions of this Part constitutes a nuisance, or if any
condition, structure, or improvement poses a threat to the health,
safety or welfare of the public, the Code Official shall issue a written
notice to be served by registered or certified mail upon the owner
of said premises, and/or, if the owner's whereabouts or identity
be unknown, by posting the notice conspicuously upon the offending
premises.
2.
Said notice shall specify the conditions considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth therein within 10
days of mailing or posting of said notice, and thereafter, to fully
comply with the requirements of the notice within a reasonable time
period.
[Ord. 565, 6/2/2004]
If the owner of grounds on which the nuisance, public nuisance,
hazard, machinery, equipment and/or materials are stored does not
comply with the notice to abate the conditions, within the time limit
prescribed, then the Township shall have the authority to take measures
to correct the conditions and collect the costs of such corrections
plus 10% of all costs. The Township, in such event and pursuant to
its statutory or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing.
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
In addition to the foregoing provisions, the following specific
acts shall be defined as and held to be nuisances, and punishable
as such.
A.
Loud playing of radios, television sets, amplifiers and sound devices
so as to be heard beyond the premises.
B.
Operation of motor vehicles, construction equipment, motorcycles,
motorbikes, scooters, go-karts or similar vehicles which are not adequately
and properly equipped with mufflers in operating condition, or to
operate the same so as to cause unnecessary noise, or to operate the
same in a reckless or dangerous manner. No gasoline-powered lawn mower
or gasoline- powered chain saw or other similar equipment shall be
operated on any day before 7:00 a.m. nor after 9:00 p.m.
C.
Operating an unlicensed vehicle, including go-karts, or operating
model airplanes equipped with gasoline engines on a public street
or on public or school grounds.
D.
Throwing trash or rubbish upon or littering the streets or public
or private property adjacent thereto.
E.
Posting bills, notices, advertisements or signs on telephone or utility poles or elsewhere along streets, or on public or private property, other than signs permitted under the Zoning Ordinance [Chapter 27].
F.
The keeping or harboring of any dog or other animal or fowl which
by frequent howling or barking or other noise or odor shall annoy
or disturb the neighborhood or a number of persons, or the keeping
of a vicious dog not adequately leashed or secured.
H.
To be in violation of any curfew or legal restriction on public assembly
hereinafter enacted by the Board of Supervisors.
I.
Begging, soliciting alms or vagrancy.
[Ord. 565, 6/2/2004]
No person shall place, throw or deposit garbage, refuse, waste,
rubbish, papers or decaying plant, animal or vegetable matter of any
kind, including tree or plant cuttings, upon or along any street or
highway or upon public property or along the bank of any stream or
watercourse within the Township.
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
It shall be unlawful for any person to maintain or permit any
of the following conditions or structures or premises to be in the
Township:
A.
Open wells and cisterns.
B.
Open excavations where construction or excavating is not currently
proceeding.
C.
Unfinished building, foundations or other structures where construction
is not currently proceeding.
E.
Dangerous placement of materials or equipment; abandoned refrigerators.
F.
Lakes, ponds or swimming pools not properly safeguarded. Stagnant
water or pools in which mosquitoes, flies or insects multiply.
G.
Premises in any recorded plan of lots or highly developed neighborhood
which are not landscaped and maintained free of weeds, unhealthful
growth, noxious matter, junk or debris.
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
The use of any property or an activity within the Township shall be in compliance with all environmental performance standards contained in the Zoning Ordinance [Chapter 27].
[Ord. 565, 6/2/2004; as amended by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge 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 less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the Township Fire Marshall, the authorized designee of the
Township Manager, and to any other officer or agent that the Township
Manager or the Board of Supervisors shall deem appropriate.
[Ord. 565, 6/2/2004]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the inspecting official.
