[Ord. No. 7-2019, 8/8/2019]
This Part shall be known and cited as the "Canton Township Quality
of Life Ordinance of 2019."
[Ord. No. 7-2019, 8/8/2019]
The purpose of this Part is to address the lack of maintenance
of properties, littering, improper storage of trash and rubbish, storage
of inoperable/nonregistered vehicles, operations without permits and
accumulation of snow and ice which are costly problems that contribute
to the deterioration of property values and general disorder in a
community. These problems degrade the physical appearance of the Township,
which reduces business and tax revenue inhibiting economic development.
The quality of life and community pride of the citizens of Canton
Township are negatively impacted by the occurrences and existence
of these activities. Recognizing these are community problems, the
purpose of this Part is to promote the health, safety and general
welfare of the Township by helping to create a clean environment for
the citizens of Canton Township.
[Ord. No. 7-2019, 8/8/2019]
The following words, terms and phrases when used in this Part,
shall be defined as follows, unless context clearly indicates otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Township for use by the
public to deposit small quantities of hand-held trash, but not household
or commercial waste.
Code Enforcement Officer, Enforcement Officer, Public Safety
Officer as designated by the Township to enforce the ordinances, rules,
regulations, laws of the Township.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked
or piled in such a manner so as to create a nuisance or become a harboring
place or food supply for insects and rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris, tree parts and pieces,
mulch, on public or private property, except as authorized by law.
Any and all personnel that respond to emergencies or hazardous
conditions in the Township of Canton. This includes but is not limited
to police, fire, EMS, emergency management personnel, Code Enforcement
Officer, Red Cross, Salvation Army, or other responding agencies.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any waste material or a combination of solid, liquid, semisolid
or contained gaseous material that because of its quantity, concentration,
physical, chemical or infectious characteristics may:
Waste which would be chemically or physically classified as
a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW material meet one of the
following four classifications:
Toxic.
Flammable.
Reactive.
Corrosive.
Materials, including but not limited to various debris, liquids,
chemicals, man-made or otherwise that are harmful to natural resources,
including but not limited to lakes, streams, tributaries, waterways,
aquatic and amphibious life, farm animals, game animals/wildlife,
protected animals/wildlife.
HHW consists of numerous products that are common to the average
household, such as pesticides and herbicides, cleaners, automotive
products, paints and acids.
Any and all pieces of furniture which are made for only inside
including, but not limited to, upholstered chairs and sofas, etc.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of despair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle;
Broken glass or windows on or in the vehicle;
Leaking of any fluids from the vehicle or deflated/flat tire(s);
Unsecured and/or locked doors, hood or trunk;
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks or other similar apparatus;
Harboring of rodents, insects or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of despair. See also "motor vehicle
nuisance."
Includes, but is not limited to, all waste material, garbage,
trash (i.e., waste paper, tobacco products, wrappers, food or beverage
containers, newspapers, etc.), municipal waste, human waste, domestic
animal waste, furniture or motor vehicle parts, automotive products,
shopping carts, construction or demolition material, recyclable material,
dirt, mud and yard waste that has been abandoned or improperly discarded,
deposited or disposed.
Any person residing or working within Canton Township designated
to accept service on behalf of a legal owner or operator of a rental
dwelling unit.
A vendor of seller or food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Township
that does not typically remain stationary for more than approximately
10 minutes each hour.
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways and including trailers
or semitrailers pulled thereby.
A motor vehicle nuisance with one or more of the following:
Broken windshields, mirrors or other glass with sharp edges;
Broken headlamps, tail lamps, bumpers or grills with sharp edges;
Any body parts, truck, firewall or floorboards with sharp edges
or large holes resulting from rust;
Protruding sharp objects from the chassis;
Missing doors, windows, hood, trunks or other body parts that
could permit animal harborage;
One or more tires or tubes which could permit animal harborage;
Any vehicle suspended by blocks, jacks or other such materials
in a location which may pose a danger to the public, property owners,
visitors or residents of the property on which said vehicle is found;
Any excessive fluids leaking from the vehicle which may be harmful
to the public or environment;
Disassembled body or chassis parts stored in, on or about the
vehicle;
Vehicles that do not display a current valid inspection and/or
registration;
Such other defects which the Code Enforcement Officer determines
to be a danger to the general public, first responders or property;
Motor vehicles parked, drifted or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
Any garbage, refuse, industrial, lunchroom or office waste,
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation or residential, municipal,
commercial or institutional establishments or from community activities
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source separated recyclable
materials or organic waste.
Any condition, structure or improvement which constitutes
a danger or potential danger to the health, safety or welfare of citizens
and first responders of Canton Township, or causes a blighting effect
in Township neighborhoods. See also "public nuisance."
Every natural person, firm, corporation, partnership, association
or institution.
The non-concrete space in the sidewalk area filled with dirt
and/or grass.
Any land and the improvements thereon owned by any person
and includes front, side and rear yards; vacant lots, buildings and
other structural improvements; walkways and alleyways; parking areas,
designed or used either wholly or in part for private residential,
industrial or commercial purposes, whether inhabited, temporary, continuously
uninhabited or vacant, including any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging to or appurtenant to
such dwelling, house, building or other structure.
Any conditions or premises which are unsafe or unsanitary.
The Code Enforcement Officer designated by the Township to
enforce the Township's ordinances, laws, rules, regulations.
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk or utility easement, including
curb and gutter areas.
Material which would otherwise become municipal waste, which
can be collected, separated or processed and returned to the economic
main-stream in the form of raw material or products. These materials
may include, but not be limited to, aluminum cans, ferrous and bimetal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliance, televisions, tires and large auto parts.
Any discarded material or other waste, including solid, semisolid
or contained gaseous materials resulting from construction, industrial,
mining and agricultural operations excluding municipal water and sewer
operations.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Unless otherwise specified, includes all trees, shrubs and
woody vegetation in the public right-of-way.
The public right-or-way between the property line and the
curb line or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal as such waste and it
shall be presumed that the containment of any municipal waste in excess
of three months constitutes disposal.
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by the Code Enforcement Officer to a person
who violates a provision of this Part. The violation ticket is an
offer by Canton Township extended to a person to settle a violation
by paying the fine in lieu of a citation being issued against the
violator.
Shall be defined as all grasses, annual plants and vegetation
which meet and of the following criteria:
Exceed six inches in height;
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion
and miscellaneous other vegetation commonly referred to as weeds or
brush;
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects or vermin;
Encroaches onto neighboring properties by way of leaders or
roots without property owner's consent;
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot with a structure.
[Ord. No. 7-2019, 8/8/2019]
1.
Operating or Vending Without the Proper Permit/License. It shall
be unlawful for any person, business, partnership, or entity to operate,
including, but not limited to, any business, vending cart, store or
establishment without the proper permits.
2.
Storing of Hazardous Material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive or other
hazardous materials, including, but not limited to, paints, volatile
oils and cleaning fluids or combustible rubbish, including, but not
limited to, wastepaper, boxes or rags unless the storage of said materials
is stored in compliance with the applicable building codes, ordinances,
state and federal laws.
3.
Storing or Serving of Potentially Hazardous Food. No individual or
entity operating a business shall store or serve potentially hazardous
food, including, but not limited to, out of date food, food being
stored above or below the appropriate temperature, food being stored
directly on a flooring surface, infestation problems at the location
or serving food that had previously been open are considered a violation
of this Part.
4.
Violating the Terms of Any Vending License. It shall be unlawful
to violate any term, part, portion or in total, any vending license.
Any person, business, partnership or entity violating their vending
license shall be in violation of this Part.
5.
Township Permit to Be Displayed. All Township permits, building or
otherwise, shall be displayed in a fashion that makes them visible
from the roadway. In cases of demolition, the permit shall be displayed
in the back window of a construction vehicle parked on site and visible
from the roadway. Should a permittee not be able to comply with this
requirement, the shall have to notify the License and Permit Office
of the issue and seek immediate authorization/approval.
6.
Accumulation of Rubbish or Garbage. All exterior property and premises
and the interior of every structure shall be free from any accumulation
of waste, trash, rubbish or garbage.
7.
Animal Maintenance and Waste/Feces Clean-Up. People owning, harboring
or keeping an animal within Canton Township shall not permit any waste
matter/feces from the animal to collect and remain on the property
so as to cause or create an unhealthy, unsanitary, dangerous or offensive
living condition. All waste from animals must be cleaned up on a daily
basis.
8.
Disposal of Rubbish or Garbage/Dumping. Improper disposal of rubbish
or garbage or dumping or disposing of rubbish or garbage on vacant,
unoccupied or other property.
9.
High Weeds, Grass or Plant Growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches or 152.4 millimeters. All noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and vegetation.
Cultivated flowers, gardens, trees and shrubs shall not be included
as a violation of this Part.
10.
Littering of Scattering Rubbish. No person shall throw, dump, place,
sweep or dispose of any waste, trash, garbage or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, and public
parking area or on any public property.
11.
Motor Vehicles. It shall be unlawful to store, park or place any
unregistered, uninspected, inoperative, licensed or nuisance motor
vehicle on any premises. No vehicle shall at any time be in a state
of major disassembly, disrepair or in the process of being stripped
or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
12.
Outside Placement of Indoor Appliances/Furniture. It is prohibited
to store or place any/all appliances or furniture, including but not
limited to ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property. If maintenance is being performed,
or if the items are actively being sold in a yard sale, the items
shall not be left unattended.
13.
Ownership Presumption of Waste, Trash and/or Recyclables for Illegal
Dumping and Illegal Hauling. It shall be the responsibility of every
owner and/or occupant to dispose of their waste, trash or recyclables
in a proper manner. Any business or person who is unable to show proof
that they have legally disposed of any waste, trash or recyclables
will be in violation of this Part. Should any person or business use
an unlicensed hauler to dispose of their waste, trash or recyclables,
said person or business shall be in violation of this Part. Upon request
of the public officer, any owner or occupant must show proof of their
appropriate trash and/or recyclable hauler. Any parts found within
a municipal waste container, recycling container, garbage bag or loose
trash/waste displaying the name and/or address of a person and/or
persons, that trash or waste shall be presumed to be the property
of such person and/or persons. It shall be unlawful for any person,
business, partnership or entity to remove or haul waste, trash or
recyclables without the proper approval or license. Any waste, trash
or recyclables found not to be disposed of in accordance with this
Part will be a violation of this Part.
14.
Placement or Littering by Private Advertising Matter. No person shall
throw, place, sweep or dispose of litter or private advertising matter
upon any public sidewalk, alley, street, bridge, public passageway,
and public parking area or any public property. No person, group,
organization or entity will hang, place or advertise on any public
property in any manner. No person, group, organization or entity will
hang, place or advertise on any property that they do not have any
ownership rights to without the written approval of said owner.
15.
Snow and Ice Removal from Sidewalk. Every owner, tenant, occupant,
lessee, property agent or any other person who is responsible for
any property within Canton Township, is required to remove any snow
or ice from their sidewalk within 24 hours of the cessation of said
snow and ice falling. Furthermore, they must create a path, free from
any snow or ice of three feet on said sidewalk. Should any property
be a place of business within Canton Township, all snow and ice must
be removed within four hours of the cessation of said snow and ice
falling. Any property that is deemed a business must have the entire
sidewalk free from any snow and ice. If and/or when the snow and/or
ice cessation happens during the hours of darkness, the time limit
of removal of all snow and ice begins at daybreak.
16.
Storage Containers for Waste or Trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, watertight and made of metal or plastic. Containers
must have tight-fitting covers and must be kept clean and odor free
at all time. All containers must be stored in a proper, clean, fashion.
Waste/trash containers may only be placed in front street area of
any property not more than 48 hours before the scheduled pick-up time.
Once the licensed hauler removes the waste/trash from any property,
all containers must be returned to their appropriate storage area
within 24 hours of pickup by the refuse hauler.
17.
Storing of Recyclables. It shall be the responsibility of the owner
of all residential, commercial and industrial property to ensure storage,
collection and disposal of all recyclables from their property in
such a manner not to create a public nuisance. Storage of recyclables
is only allowed in approved containers, which must be kept clean and
sanitary at all times.
18.
Swimming Pools. Swimming pools shall be maintained in good repair
at all times. They shall also be kept clean, safe, covered and sanitary
as well; this includes any deck attached to or used for the purpose
of the pool.
[Ord. No. 7-2019, 8/8/2019]
A violation of this Part may be enforced by the Canton Township
Code Enforcement Officer by the issuance of a violation ticket to
the owner of a property, the occupant of a property or the person
found to be violating any provision of this Part.
[Ord. No. 7-2019, 8/8/2019]
1.
A violation ticket shall be served upon a violator by any of the
following means or methods:
A.
Personally handing it to the violator or an adult individual at the
residence or place of business of the person to be served;
B.
By posting the violating ticket on the property where the violation
exists;
C.
By mailing the notice by regular U.S. Mail postage prepaid to the
violator's address as listed in the public records of the Township.
[Ord. No. 7-2019, 8/8/2019]
1.
Any person who violates this Part shall pay a fine of $50 for a first
offense, $100 for a second offense and $200 for a third and subsequent
offense.
2.
Failure of the person to make payment within 10 days of the date
of a violation ticket shall result in the filing of a citation with
the Magisterial District Justice. In the event that a citation is
issued for a violation of this Part, any person who is found by the
Magisterial District Judge, be ordered to pay a fine of not less than
$300 and not more than $1,000 on each offense and/or imprisonment
for a term of not more than 90 days, or both.
3.
Each day a violation continues under this Part shall constitute a
separate offense for which a separate fine or citation may be imposed.
If violations are continuous, or at the discretion of the Code Enforcement
Officer, shall have the right to issue citations without first issuing
a violation ticket or warnings.
4.
The Magisterial District Judge may order the violator to make restitution
where appropriate.
5.
A violator shall also be responsible for court costs, reasonable
attorney fees and any costs incurred by the Township with clean-up
or abatement of the violation.
[Ord. No. 7-2019, 8/8/2019]
The Township reserves the right to perform any necessary work
to abate any violation 72 hours from the date of issuance of the violation
ticket. Should the violation at the discretion of the Code Enforcement
Officer present imminent danger or pose a health or safety hazard,
the Township reserves the right to perform the abatement work immediately.
The Township will perform this work at its prevailing labor wage costs
together with the costs of any material necessary for the abatement.
In the event that the Township hires a contractor or third party to
perform the abatement work, the violator shall be responsible for
the contractor's costs together with a 30% processing or administration
fee to the Township. This fee shall be in addition to the cost of
the contractor.
[Ord. No. 7-2019, 8/8/2019]
Any violator issued a violation ticket shall have the right
to appeal that violation ticket to Canton Township Board of Supervisors
or any one of the Supervisors designated by a majority of the Board
to hear the appeal provided that the violator first completes the
appeal form, pays the fines imposed, and does so within 10 days from
the date the violation ticket is issued. In the event that the appeal
is decided in favor of the person appealing, the Township shall refund
the fine paid. If the appeal is decided in favor of the Code Enforcement
Officer, then the violator shall have the right to appeal to the Court
of Common Pleas of Washington County within 30 days from the date
of receipt of the decision.
[Ord. No. 7-2019, 8/8/2019]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not effect
or impair any of the remaining provisions of this Part, as the provisions
are severable and would have been enacted had not such invalid provision
been included herein. All ordinances or part of ordinances, which
are inconsistent herewith, are hereby repealed.
