[Adopted 10-8-2019 by Ord. No. 2-2019]
This article shall be known as the "North Franklin Township
Quality of Life Improvement Ordinance."
The Township continues to enact rules and regulations concerning
the maintenance of properties in the Township. The purpose of this
article is to promote the health, safety and general welfare of the
Township by helping to create a clean environment that will improve
the quality of life for Township residents.
The following words, terms, and phrases, when used in this article,
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 handheld trash, but not household
or commercial waste.
The Solicitation of Funds for Charitable Purposes Act enacted
by the Commonwealth of Pennsylvania, 10 P.S. § 162.1 et
seq., as such act may be amended from time to time.
Has the meaning set forth in the Charitable Solicitation
Act.
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 not 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 on public or private property,
except as authorized by law.
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 materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
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
use including, but not limited to, upholstered chairs and sofas, etc.
See Chapter 389 of the Township Code.[1] See also "motor vehicle nuisance."
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
Any person residing or working within the County of Washington
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A vendor or seller of 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.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass with sharp edges.
Broken headlamps, taillamps, bumpers, or grills with sharp edges.
Any body parts, truck, fire wall, 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 open 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 vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department or Code Enforcement
Officer determines to be a danger to the general public 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.
A written document issued to a person in violation of a Township
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Township, or causes a blighting effect in Township
neighborhoods. See also Chapter 268 of the Township Code.[2] See also "public nuisance."
Any individual, organization, corporation, association, partnership,
trust, foundation or other entity, however styled, including but not
limited to charitable organizations, business organizations, commercial
coventurers, professional fund-raising counsel, professional solicitors,
and volunteer fund-raisers and solicitors.
The nonconcrete 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; and 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.
Has the meaning set forth in the Charitable Solicitation
Act.
Has the meaning set forth in the Charitable Solicitation
Act.
Any conditions or premises which are unsafe or unsanitary.
Any police officer, authorized inspector, or public official
designated by the Township to enforce the Township ordinances.
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 materials 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 appliances, 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-of-way between the property line and the
curbline or the established edge of the roadway.
Acts of individual solicitors on behalf of a particular person.
The person on whose behalf solicitors are acting.
A person who solicits. (This shall not include the Township's
Attorney, also referred to as "Solicitor.")
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
A permit issued by the Bureau of Charitable Organizations
of the Department of State, pursuant to the terms of the Charitable
Solicitation Act.
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 a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the Township of North Franklin extended to a person
to settle a violation by paying the fine in lieu of a citation being
issued against the violator.
See Chapter _____ of the Township Code.[3]
An open space on the same lot with a structure.
A.
Storage or keeping of a nuisance vehicle. It shall be unlawful to
keep or store a vehicle recognized under this chapter as a motor vehicle
nuisance. A motor vehicle nuisance must be stored inside a fully enclosed
building designed for the storage of a vehicle(s).
B.
Brush, grass and weeds. It shall be unlawful for any person, firm,
corporation or entity owning, occupying or having any legal interest
in any real estate in the Township located in districts which is located
within 50 feet of any dwelling house or occupied structure to permit
grass, weeds or similar vegetation, not generally considered edible
nor planted for some useful or ornamental purpose, to grow to a height
in excess of six inches and to remain on the premises in such condition.
All such vegetation is hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants
of the Township.
C.
Storing of junk, debris, hazardous materials, appliances, and unsanitary
conditions. It shall be unlawful for any person, business or entity
to store domestic or household waste, garbage, hazardous waste, municipal
waste, rubbish, or solid waste on any improved or unimproved public
or private property in the Township. Any and all appliances are required
to have doors, hatches, or compartment lids and any and all lock mechanisms
removed or disabled prior to being placed outside of any structure.
D.
Permits not displayed. It shall be unlawful to perform any construction
work to a new or existing structure without issuance of required permitting
and the conspicuous posting of permitting.
E.
Parking. It shall be unlawful to park or cause or permit to be parked on any public street or roadway (including within the entire public right-of-way) any motor vehicle or other object (other than law enforcement, emergency services or snow-removal vehicles parked in connection with the conduct of the duties and responsibilities of the drivers thereof) in a manner to obstruct the regular and safe flow of traffic and/or within the twelve-hour period immediately following a snowfall event, unless the street or road in question has sooner been cleared of snow as set forth in Chapter 425, Article IX, Parking During Snowfall.
F.
Zoning infraction/use not permitted. Any use in a zoning district that is not permitted as identified in Chapter 460, Zoning. This includes but is not limited to land use, the keeping of nonpermitted animals, or permitted item or structure obviously encroaching in the required yard setbacks at the discretion of any Township Official or appointed officer.
G.
Throwing
snow in public walkways, roadways, failure to remove snow from public
walkways, etc
[Added 5-10-2022 by Ord. No. 3-2022]
(1)
It
shall be unlawful for any person to throw, shovel, cast or otherwise
move, place, pile, deposit or dump snow or ice removed from sidewalks,
driveways or other areas into the streets or public highways, or for
any person, when the cartway of the street or highway shall be cleared
or partially cleared, to throw or place any snow or any other accumulation
in the cleared cartway or passageway area.
(2)
It
shall be unlawful for any property owner to fail to move vehicles
from public roadways in a timely manner immediately prior to and/or
immediately after a weather event involving snow, ice and/or hazardous
conditions. If said vehicle is located within the public roadways/right-of-way/walkway/cartway
in a manner that interferes with the Township's ability to clear the
roadways, a violation has occurred.
(3)
It
shall be unlawful for any property owner to fail to remove any snow
or ice from sidewalks, driveways, walkways, etc., located in a public
right-of-way within 12 hours of a snow/ice event that resulted in
any accumulation of snow, ice, etc.
A.
Enforcement. The provisions of this article shall be enforced by
the Township Code Enforcement or any other public officer authorized
to enforce ordinances.
B.
Warnings. Any property where a violation is found shall be posted by the Township, unless said violation does not warrant a warning as per § 307-20 of this article. Warnings shall be posted conspicuously on the violating property. The notice may be hung on a door of a structure, posted on or near the violation, or mounted on a stake and placed on the property.
C.
Citations. A citation will be left or mailed to the violating property
following the method prescribed herein.
D.
Violations. Any violation of the provisions of this article may be
cause for a citation, a violation ticket following a prescribed five-day
compliance following the posting of a notice of violation/warning
at the site of the violation. Some sections may not have a prescribed
warning time and will be so noted.
E.
Separate offense. Each day a violation continues or is permitted
to continue may constitute a separate offense for which a separate
fine may be imposed.
F.
Abatement of violations. Any person or business who receives a quality
of life ticket shall have five days to remediate said violation(s).
Following this five-day remediation period, a second quality of life
ticket shall be issued. Any person or business who receives a second
quality of life ticket shall have five days to remediate said violation(s).
Following this five day remediation period, a third and final quality
of life ticket shall be issued. Should the violation remain unremediated,
a citation is to be filed with the Magisterial District Judge.
G.
Township abatement. The Township reserves the right to perform any
necessary work to abate any violation once 72 hours passes from the
date of issuance of the quality of life citation. Should the violation,
at the discretion of the Code Enforcement Officer and/or his or her
designee, present imminent danger and/or pose a health hazard and/or
risk, the Township reserves the right to perform the abatement immediately.
The Township will perform this work at a rate as set forth in the
Township's schedule of fees plus materials and forward the cost for
the abatement. The Township reserves the right to charge an additional
20% on all material purchases to cover all miscellaneous expenses
such as wear and tear on equipment.
A.
Administrative appeal.
(1)
A person in receipt of a violation ticket may appeal to the Township
Board of Supervisors by filing an appeal, in writing, within 72 hours
of date of the violation citation.
(2)
In order for an appeal to be deemed valid, the following must be
performed by the alleged violator requesting the appeal within 72
hours of the date that the quality of life citation was issued:
(3)
The appeal will be reviewed by the Township Board of Supervisors
or its designee. The Board or its designee may uphold the appeal,
deny the appeal, or may modify the violation citation and/or any associated
costs, fines or penalty amounts as deemed appropriate.
B.
Subsequent appeals. Any subsequent appeal shall be with the local
Magisterial District Judge's office.
A.
Citation fines.
(1)
For the first of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $25 or
an amount established by the Board by resolution from time to time.
(2)
For the second offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amounts of $50 or
an amount established by the Board by resolution from time to time.
(3)
For the third and subsequent offense of a violation of this article
within a twelve-month period, violation tickets shall be issued in
the amounts of $150 or an amount established by the Board by resolution
from time to time.
B.
Additional costs.
(1)
If the person in receipt of a violation citation does not remedy
the violation within 48 hours, pay the corresponding fine or request
a hearing the appeal period, the person will be subject to a $10 penalty
for every 10 days they fail to pay the accrued balance.
(2)
If violations are deemed to be continuous or egregious, the Code
Enforcement Officer has right to issue a nuisance citation under the
Township Code and/or International Property Maintenance Code.
C.
Additional fines and remedies.
(1)
Any person, firm or corporation who shall fail, neglect or refuse
to comply with any of the terms or provisions of this article or of
any regulation or requirement pursuant hereto and authorized hereby
shall, upon conviction, be ordered to pay to pay a fine of not less
than $100, not more than $1,000 on each offense or imprisoned no more
than 90 days, or both.
(2)
Nonexclusive remedies. The penalty and collection provisions of this
section shall be independent, nonmutually exclusive separate remedies,
all of which shall be available to North Franklin Township as may
be deemed appropriate for carrying out the purposes of this article.
The remedies and procedures provided in this article for violation
hereof are not intended to supplant or replace to any degree the remedies
and procedures available to the Township in the case of a violation
of any other North Franklin Township codified ordinance, whether or
not such other code or ordinance is referenced in this article and
whether or not an ongoing violation of such other code or ordinance
is cited as the underlying ground for a finding of a violation of
this article.
(3)
Solicitation violations may also result in the revocation of the
violator's solicitation permit.
Nothing in this article is intended nor shall conflict with
any protections provided properties engaged in active farming operations.
This article is a supplement to existing ordinances regulating
behavior that may be classified as a public nuisance. This article
does not directly repeal any prior enacted ordinances; however, it
repeals sections of enacted ordinances that directly conflict with
sections of this article.
