Borough of Manor, PA
Westmoreland County
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Table of Contents
Table of Contents
[Ord. 512, 6/17/2009, § 1]
1. 
The Council hereby makes the following findings:
A. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances and household furnishings creates a hazard and danger to the health and welfare of people of the Borough.
B. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings provides a breeding area for rodents and other unhealthful animals.
C. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings creates an attractive nuisance for children who are not aware of the danger involved in them.
D. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings violates all concepts of ecological and environmental principles and creates a hazard and danger to the health and welfare of people of the Borough.
E. 
The creation, existence, continuation, maintenance or authorization of any nuisance at any place within the Borough causes or results in annoyance or discomfort to persons; interferes with the health and/or safety of persons who come into contact with such nuisance or of persons who might reasonably be expected to come into contact with such nuisance; and/or causes disturbance to or interference with the peaceful use of the property of others within the Borough.
[Ord. 512, 6/17/2009, § 2]
As used in this part, the following words and terms shall have the meanings ascribed to them in this section:
ABANDONED
Any item resting or left unattended for 48 hours or more and which is inoperable or without current registration plates or certificate of inspection or in such a condition as to be unusable for the purpose for which it was originally intended.
ABANDONED MOTOR VEHICLE
A motor vehicle that is inoperable and left unattended on public property for more than 48 hours; or has remained illegally on public property for more than 48 hours; or is left unattended on or along a public street or highway without a valid registration plate or a valid and current inspection; or that has remained on private property without the consent or permission of the owner or person in possession or control of the property for more than 48 hours.
APPLIANCE
A stove, refrigerator, television, video screen, computer, furnace, water heater, water softener, washer, dryer or mangle, any household article used to perform any of the normal and customary functions in a residence and any article of production or service used in a commercial or industrial enterprise or activity.
BOAT
Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
DISCARDED
Any item resting for 96 hours or more with no known or apparent owner.
HOUSEHOLD FURNISHING
All items normally found and used in a home.
JUNKED MOTOR VEHICLE
A motor vehicle that is without a valid registration plate or valid and current inspection and is unable to operate and move under its own power or has not been moved for a period of 30 days or more.
(1) 
Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes or regulations of the Commonwealth of Pennsylvania or the ordinances or regulations of the Borough.
(2) 
Any use of property or activity within the Borough or any condition upon property within the Borough that causes or results in injury, damage harm, loss, annoyance or discomfort to the public or such part of the public as comes in contact with such use, condition or activity or to persons beyond the boundaries of that property; or any use, condition of or activity upon property which interferes with the health and/or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and/or any disturbance to or interference with the peaceful use of the property of others within the Borough, which in all cases shall take into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood. Specifically, the word "nuisance" shall include, but shall not be limited to, the following:
(a) 
Keeping or harboring any dog or other animal or fowl which, by frequent howling or barking or other noise or odor, shall annoy or disturb persons of ordinary sensibilities in the neighborhood.
(b) 
Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:
1) 
Open wells or cisterns.
2) 
Open excavations.
3) 
Buildings, foundations or other structures which are not in compliance with all applicable building and construction codes, ordinances, laws or statutes.
4) 
Dangerous placement of materials or equipment.
5) 
Bodies of water or swimming pools not property safeguarded.
6) 
Stagnant water in pools in which mosquitoes, flies or similar insects may grow and multiply.
(c) 
Carrying on any building or road construction, excavation or trenching or the operation of heavy equipment or trucks in connection therewith at any time between the hours of 11:00 p.m. and 7:00 a.m. of the following day without a special permit issued by the Code Official. That special permit shall be issued only if it is shown that the construction work must proceed as a matter of emergency or that it can be carried on in such a manner or in such a place that the public or residents will not be annoyed or disturbed by that construction work.
(d) 
Carrying on construction work in such a manner that dirt, pollution, debris or other airborne particles are carried by air or wind onto adjacent properties or that mud, dirt, soil or debris is tracked, carried, deposited or drained into or onto the sidewalks or the streets within the Borough or into or onto the property of others.
(e) 
Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street without removing the material as soon as possible or as directed by the Police or Code Enforcement Official.
(f) 
Using any property or operating any business or other activity so as to permit or cause smoke, soot, cinders, fly ash, dust, mud, dirt, acid, noxious or offensive fumes, pollutants, gases or odors to be carried off the premises or to cause any water to become polluted by sewage, wastes or other substance or to cause a glare from lights or noise of such character as to cause annoyance to residents or interference with the normal and peaceful use of adjacent properties.
(g) 
Creation or maintenance of attractive nuisances, including, but not limited to, the creation or existence of a dangerous condition, activity or instrumentality, which, by its character is dangerous and attractive to children and in a place frequented by children.
(h) 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings.
(i) 
Pushing, shoveling or otherwise depositing snow, ice or any combination containing the same upon any sidewalk, cartway or traveled portion of any dedicated or public street, alley, road or highway.
TRAILER
A wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.
UNLAWFUL ACTIVITIES
It shall be unlawful for any person to create, continue, cause, maintain or permit to exist within the Borough any nuisance.
VEHICLE
An automobile, motorcycle, motorbike, minibike, bicycle, go-cart, truck or other wheeled means of conveyance, motorized or self-propelled.
[Ord. 512, 6/17/2009, § 3]
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough shall, within 10 days after notice from the Borough Council or any duly designated officer, official, employee or agent of the Borough to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, the Borough Council shall have authority, in person or by its contractors, agents, officials and/or employees, to remove or abate the nuisance and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, the Borough Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, together with a penalty in an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit. The cost and expense shall be in addition to any penalty imposed under § 10-104.
[Ord. 512, 6/17/2009, § 4; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this part, 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 $100 nor more than $1,000 plus costs together with reasonable attorney fees 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. Any duly appointed police officer of the Borough of Manor, any duly appointed Code Enforcement Officer of the Borough of Manor or any other official or agency duly appointed by Council is hereby designated and authorized to undertake enforcement of this part.
[Ord. 512, 6/17/2009, § 5]
This part shall not be construed to be the sole means for abatement of nuisances within the Borough, and nothing shall preclude any person from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this part, the Borough may institute proceedings in equity.
[Ord. 512, 6/17/2009, § 6]
If any provision of this part is in conflict with any provision of any ordinance of the Borough or any state or federal law, the provision which establishes the higher standard for the promotion and protection of the health, safety and general welfare of the residents of the Borough shall apply and prevail. In particular, the provisions of the Borough's Property Maintenance Code [Chapter 5, Part 2] are to be construed together (in pari materia) with this part.
[Ord. 538, 10/3/2003, § I]
As used in this part, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
BOROUGH COUNCIL
The Council of the Borough of Manor.
BUILDING MATERIALS
All materials incidental to construction or remodeling of buildings, including, but not limited to, shingles, asbestos, Styrofoam, wire, insulation, treated wood, but not including untreated wood.
DEMOLITION PROJECT
The destruction of a dwelling or building on site.
FIRE CODE OFFICIAL
The council appointed Fire Marshall.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage, sludge, or any other combustible material.
LAND DEVELOPMENT
The improvement of one or more lots, tracts or parcels of ground for any of the following:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas leaseholds, condominiums, building groups or other feature.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
RECREATIONAL FIRE
The burning of clean fire wood where the fuel area is no greater than four feet in diameter and two feet or less in height. Such fires may be for pleasure or religious, ceremonial, cooking or similar purposes.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive including, but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials.
SALVAGE OPERATIONS
Any business, trade or industry engaged in whole or in part salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid materials or rubbish resulting from construction building operations or the prosecution of any business, trade or industry including but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
YARD WASTE
Waste from yard maintenance, specifically untreated wood or tree limbs. Leaves that have separated from the tree limb are specifically excluded from this definition.
[Ord. 538, 10/3/2003, § II]
1. 
All outdoor burning and fires are expressly prohibited except as may be authorized under the terms hereof.
2. 
Any burning permitted by the terms of this part shall only be those items or material owned by the property owner or generated on the property by said property owner or resident. No person shall burn any items or material on behalf of any other individual for either a fee or gratuitously, nor shall any person bring upon the property of another, any materials or items allowed to be burned pursuant to the terms of this part, for the purpose of burning said items on another person's property.
3. 
A permit issued by the Fire Marshall of the Borough of Manor, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council, shall be required for all outdoor burning and fires for all categories of this section except as set forth in this part. Permits shall not exceed one week in duration except when allowed for farms.
4. 
The Council of the Borough of Manor, shall from time to time by resolution, adopt and authorize a permit form and schedule of fees to be imposed for the issuance of permits hereunder.
5. 
No person or persons shall set or maintain any outdoor burning of fires upon the paved portion of any street, alley or public ground in the Borough of Manor.
6. 
No person or persons shall deliberately, knowingly, carelessly or negligently set fire to or cause the burning of any material in such manner to endanger the safety of any person or property.
7. 
The Fire Marshall of the Borough of Manor, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council, shall be authorized to order extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation.
[Ord. 538, 10/3/2003, § III]
1. 
The following regulations shall apply to open fires set for the purpose of burning domestic refuse:
A. 
All outdoor burning or fires in areas of residential dwellings shall be limited to the burning of paper products, newspaper and yard waste, excluding leaves, grass and building materials as defined herein.
B. 
All outdoor burning or fires within 50 feet of residential dwellings shall be controlled in a container or appropriate burning barrel and have an attended water supply or equal extinguishing agent throughout the duration of the burning. Those fires in excess of 50 feet of residential dwellings will still have the extinguishing requirement.
C. 
No person or persons shall set or maintain any outdoor burning or fires closer than 10 feet to any property line.
D. 
No person or persons shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers, toxic materials or any other materials that are otherwise prohibited by law.
E. 
Outdoor fireplaces and grills used solely for food preparation purposes shall be exempt from these regulations.
F. 
Recreational fires for amusement purposes confined to purpose built devices meeting the definition shall be permitted without regard to permitting given:
(1) 
They are not within 10 feet of a structure or property line.
(2) 
There is a water extinguishing or equivalent source of extinguishment readily available and attended at all times.
(3) 
Upon completion of the burn period that all fires be completely extinguished.
(4) 
Subsection 1D, is observed.
G. 
Bonfires for amusement purposes shall be permitted only upon the specific approval of the Fire Marshall, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council.
H. 
All fires shall be totally extinguished by 6:00 p.m., unless otherwise allowed in this part, so as to ensure that there is no smoke or smoldering of said fires.
I. 
Recreational fires and Bonfires shall be exempt from the preceding Subsection 1H, but shall not be burnt or allowed to smolder during the time period of 1:00 a.m. and 8:00 a.m.
[Ord. 538, 10/3/2003, § IV]
1. 
All outdoor burning or fires at areas of land development containing a minimum of five acres, for the purpose of clearing the property and removal of vegetation and other debris, shall be permitted during the hours of 9:00 a.m. to 6:00 p.m. daily, provided a permit is obtained from the Fire Marshall, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council.
2. 
All proposed outdoor burning or fires for land development as defined herein shall only be permitted after having obtained a permit from the Borough of Manor for a fee (as noted in the fee schedule resolution). Said permit shall be obtained from the Fire Marshall, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council no less than 24 hours prior to the commencement of said outdoor burning or fires.
3. 
All outdoor burning or fires at areas of land development shall be controlled and managed in a contained area with an attended water supply or equal extinguishing agent throughout the duration of the burning.
4. 
All outdoor burning or fires permitted hereunder shall be promptly extinguished at 6:00 p.m. and there shall be no smoldering or smoke emitted from said burning after said hour.
5. 
No person or persons at a land development site as defined herein, shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers, hazardous or toxic materials or any other materials that are otherwise prohibited by law exterior to this part.
[Ord. 538, 10/3/2003, § V]
1. 
All outdoor burning or fires at areas of salvage operations as defined by this part shall be prohibited.
2. 
All outdoor burning or fires at demolition projects as defined herein shall be limited to 9:00 a.m. to 6:00 p.m. and as authorized by the Fire Marshall of the Borough of Manor. A permit shall be obtained at the cost defined by the fee resolution, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council.
3. 
All outdoor burning or fires at demolition projects shall be controlled and managed by the use of a properly utilized air current destructor with a fire pit and shall have an attended water supply or equal extinguishing agent throughout the duration of the burning.
4. 
No person or persons at a demolition project shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers, hazardous or toxic or any other materials that are otherwise prohibited by law exterior to this part.
[Ord. 538, 10/3/2003, § VI]
No person shall set or maintain any outdoor burning or fires during the construction or remodeling of any structure within the Borough of Manor. Provided, however, that during the months of November through April of each year a heating barrel no greater than 55 gallons may be used solely for the purpose of heating water for the construction project, when burning is allowed, no building materials, as defined herein, nor garbage, rubber, tires, paint, animal waste, plastics, diapers, hazardous or toxic materials or any other materials that are otherwise prohibited by law shall be allowed to be burned.
[Ord. 538, 10/3/2003, § VII]
1. 
Open fires may be set in the performance of an official duty of any public officer or employment duties of any employee of the Borough if the fire is necessary for:
A. 
The prevention of a fire hazard which cannot be abated by any other means.
B. 
The protection of public health.
2. 
Upon obtaining a permit at no cost from the Fire Marshall, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council, the volunteer fire department of the Borough of Manor may burn a structure, objects or material for the purpose of practice provided that said burning activity is a controlled burning activity and supervised by the volunteer fire department as otherwise permitted by law.
3. 
Farms.
A. 
A farm is defined as a tract of land 10 acres or more in area.
B. 
The owner of a farm may obtain a burning permit at no cost from the Fire Marshall of the Borough of Manor, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council. Said permit may be issued for an extended period or until revoked by said Fire Marshall.
C. 
All other restrictions contained herein with respect to hours of burning and materials, which may be burned, shall be applicable.
[Ord. 538, 10/3/2003, § VIII]
1. 
Any person who shall violate any provision of this part shall be, upon conviction, guilty of a summary offense. Any violation of this part shall be enforced by an action brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A separate offense and violation shall arise for each day or portion of a day in which a violation is found to exist or for each provision of this part which is found to have been violated.
2. 
The initial determination of whether any provision of this part has been violated, as well as service of notice of such violation, shall be made by the Fire Marshall, his designated agent or any other official or employee of the Borough of Manor designated by Borough Council.
[Ord. 538, 10/3/2003, § IX; as amended by A.O.]
1. 
Any person, firm or corporation who shall violate any provision of this part, 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 $250 nor more than $1,000 plus costs together with reasonable attorney fees 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.
2. 
Any person found guilty of violating any provision of this part shall be assessed any and all court costs in the prosecution of the same together with reasonable attorney fees incurred by the Borough in any and all enforcement proceedings.