[HISTORY: Adopted by the Board of Supervisors of the Township
of Clinton 4-12-2021 by Ord. No. 2021-02. Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
A roofed, covered, or open structure, enclosed by one or
more walls for the shelter, housing, storage or enclosure of persons,
goods, materials, documents, vehicles, implements, equipment or animals.
An open and unoccupied space, on a lot, that is enclosed
on at least three sides by the walls of a building or contained within
a fenced structure.
The official, or any duly authorized representative of Clinton
Township, who is charged by the Supervisors with the administration,
authority, oversight and enforcement of this article. This person
can be a Supervisor, employee of the Township, or an outside agency
or individual under contract with the Township.
Long periods of time that a condition occurs with minimal
or no breaks in the noted condition.
Any activity directly related to the production or processing
of crops, dairy products, poultry, or livestock for initial commercial
sale or as a principal means of personal subsistence.
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm
Safety and Occupational Health Act."[1] Custom work shall be considered a normal farming practice.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food as well as
in the handling and management of deceased animals.
The presence of an extraordinary number of (as deemed by
observation and reasonableness) insects, rodents, vermin and/or other
pests.
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repairs.
Plot, tracts, premises or parcels of land with or without
buildings, courts or improvements thereto.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets, highways
and off-road trails. This includes trailers or semi-trailers pulled
thereby as well as motorcycles and ATVs.
Any condition, activity, structure or improvement which shall
constitute a danger, either real or perceived, to the health, safety
or welfare of the citizens of the Township, or have a detrimental
impact on the value of surrounding properties.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance of inheritance or otherwise,
is vested with the title to a lot and/or improvements thereto or who
retains the exclusive control of such a lot and/or improvements thereto
in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.
A natural person, firm, partnership, association, corporation
or other legal entity.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any building, or part thereof, or man-made structure which
remains unoccupied for a period of more than six months with either
doors, windows or other openings broken, removed, boarded or sealed
up or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
A vehicle damaged beyond its repair value or when a vehicle
is written off as a total loss by the insurer, whether by damage or
theft. This also includes vehicles not capable of being operated or
driven on their own.
Any open space on the same lot with or without a building
and, for the most part, being unobstructed from the ground up.
[1]
Editor's Note: See 3 P.S. § 1901 et seq.
A.
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle or motor vehicles upon the property of such person,
owner or lessee within the Township that is (are) unable to move under
its own power and has defects that pose a health, safety, or environmental
risk to person, property, groundwater, or waters of the commonwealth.
Such defects shall include but not be limited to missing body parts,
protruding sharp metal edges, unsecured doors, hoods, and trunk lid,
and open tires.
B.
Exceptions may be granted for the sale of motor vehicles in the above-described
condition, and in such cases where personal injury may occur during
display and inspection of said vehicles, the Township shall not be
held liable nor responsible nor in noncompliance with enforcement
of this article. However, the sale of said motor vehicles in the above-described
condition must take place over a finite period to effect a business
transaction and not for an indefinite length of time to circumvent
this section of this article.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 88-2, above, may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building. Vehicles may be placed under temporary cover until such time that they can be placed in an enclosed structure.
B.
With the special approval of the Board of Supervisors, motor vehicle
nuisances may also be stored outside in an area enclosed by a chain-link
or opaque fence, at a minimum height of six feet, screened by shrubbery
surrounding 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. Such person, owner or
lessee must first apply for a permit for either temporary or permanent
outdoor storage and must pay a fee to the Township pursuant to a resolution
of the Board of Supervisors. In addition, all gas and oil or other
flammable liquid shall be removed from the motor vehicle, and it shall
be kept free of animal and/or vermin infestation while being stored.
C.
Nothing herein shall be construed to permit the unauthorized storage
of motor vehicle nuisances contrary to the provisions of this article,
if any.
A.
No owner of any building or structure shall fail to take steps and
perform such maintenance thereto as may be required from time to time
to ensure the property is safe, sound, sanitary and secure and does
not present a health and/or safety hazard or a detrimental financial
impact to surrounding properties and to the general populace.
B.
Owners of any and all unoccupied buildings and/or structures which,
through neglect, have deteriorated to the point of being classified
as unoccupied hazards and, therefore, constitute a severe health and/or
safety hazard, or financial burden to adjacent property owners, shall,
upon direction of the Township, enforcement officer, or authorized
agent of the Township, remove or cause the removal of the building
and/or structure.
C.
An occupied or unoccupied structure damaged by fire, weather, flooding
or other natural event, disaster or act of God shall be secured by
the property owner or occupier within 48 hours of said event or when
said property is released from police or fire custody.
No property owner, lessor or tenant shall permit or cause:
A.
Fences and/or minor structures to be constructed and maintained so
as to present a safety or health hazard or financial burden to other
persons and/or property;
B.
The development or accumulation of refuse, vehicle salvage, garbage,
hazards, kitchen waste compost, rodent harborage and/or infestation
upon yards, courts, or lots;
C.
Garbage and refuse materials to accumulate and to be blown about
the surrounding neighboring properties;
D.
Wells, cesspools, pits, deep mines and/or cisterns to remain open
without adequate fencing or barricades to prevent access thereto by
the general public;
E.
The accumulation of uncut grass and weeds, rising above the height
of two feet, heavy undergrowth and/or vegetation which would impair
the health and/or safety of the neighborhood;
F.
The growth of trees, plants or shrubbery or any portion thereof on
the subject property that constitute a safety hazard to pedestrian
and/or vehicular traffic.
Exception: Nothing contained herein, however, shall require
the cutting of grass, weeds or other vegetation growing in areas which
customarily and historically have contained brush and dense foliage,
or which remain undeveloped and are not proximate or contiguous to
developed areas; nor shall any such grass, weeds or other vegetation
be required to be cut or maintained where such cutting or maintaining
would impose a hardship on the property owner because of the presence
of extreme slope grades, crevasses, or the existence of areas which
are unable to be reasonably cleared.
A.
Courts, lots, yards, grounds, buildings, structures and motor vehicles
shall be maintained free of insect, vermin and rodent harborage and
infestation.
B.
Adequate facilities and methods shall be used for the collection,
storage, handling and disposal of kitchen waste compost, garbage and
refuse, excluding those normally resulting from agricultural practices.
C.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner and/or occupant to alleviate
the existing problem(s). This action may in include screening, extermination
and/or garbage and refuse control and/or collection. Methods employed
for extermination shall comply with generally accepted practices within
that industry.
A.
The creation, within the Township, of any unnecessary or excessive
noise or any noise of such character, intensity or duration as to
be detrimental to the health or life of any individual or in the disturbance
of the public peace and welfare or the aiding and abetting in the
creation of any such noise or permitting any such noise to continue
is hereby prohibited.
B.
Noise standards have been established by the Township to regulate
noises being emitted from compressor stations, industrial and commercial
facilities, and manufacturing facilities. These standards, to be measured
at the nearest property line to the source and by a properly calibrated
commercial-type instrument by a person experienced in conducting such
measurements, are as follows:
|
Zoned District
|
7:00 a.m. to 7:00 p.m.
|
7:00 p.m. to 7:00 a.m.
|
Maximum 7:00 a.m. to 7:00 p.m.*
|
|---|---|---|---|
|
Rural Residential
|
55 dBA
|
50 dBA
|
65 dBA
|
|
Agricultural Conservation
|
55 dBA
|
50 dBA
|
65 dBA
|
|
Conservation
|
55 dBA
|
50 dBA
|
65 dBA
|
|
Limited Business
|
60 dBA
|
55 dBA
|
70 dBA
|
|
Industrial
|
60 dBA
|
55 dBA
|
70 dBA
|
|
Corridor Preservation
|
60 dBA
|
55 dBA
|
70 dBA
|
|
Notes:
| |
|
*
|
Noise level limits may be increased to this level for periods
not to exceed 15 minutes in any one-hour period during the daytime
(7:00 a.m. to 7:00 p.m.). The allowable noise level limit for "periodic,
impulsive, or shrill noises" is reduced by 5 dBA from the above levels.
The limits above are not weighted averages, although it is acknowledged
that levels may increase to the maximum limit for periods not to exceed
15 minutes in any one-hour period during the daytime hours.
|
C.
Enumeration of unnecessary or excessive noises, "Prohibited noise,"
within the meaning of this article, is hereby defined to include,
but not be limited to, the following:
(1)
For any person at any time to use a horn or other warning device
other than as a reasonable warning or within the context of a celebration,
or to make any unnecessary or unreasonable loud or harsh sound by
means of a horn or other warning device.
(2)
The playing of any television, radio, phonograph or any musical instrument
or other sound-producing device in such a manner or with such volume
as to annoy or disturb the quiet, comfort or repose of persons in
any courts, lots, yards, grounds, buildings, structures or in the
vicinity thereof.
(3)
Yelling or shouting so as to annoy or disturb the quiet, comfort
or repose of any persons in any courts, lots, yards, grounds, buildings,
structures or in the vicinity thereof.
(4)
Permitting any animal, bird or fowl in one's possession or under
one's control to make any frequent noise of such character or
intensity and for an extended period as to disturb the comfort or
repose of any person.
(5)
The blowing of any whistle, except as given notice of the time to
begin or stop work or as a warning of fire or danger, of such character
or intensity as to disturb the comfort or repose of any person.
(6)
The erection (including excavation), demolition, alteration or repair
of any building and the excavation of streets or highways other than
between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, except
in the case of urgent necessity in the interests of public health
and safety and then only with a permit from the Township with the
appropriate fee paid in accordance with the prevailing Township fee
schedule, which permit may be granted for a period not to exceed 30
days while the emergency continues. If the Township should determine
that the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation
of streets and highways between the hours of 10:00 p.m. and 7:00 a.m.,
and if it shall further determine that loss or inconvenience would
result to any party in interest, it may grant permission for such
work to be done between the hours of 10:00 p.m. and 7:00 a.m. upon
application being made at the time the permit for the work is awarded
or during the progress of the work.
(7)
The creation of any excessive noise adjacent to any business, religious
or public facility (school or municipal building), while the same
are in session, which unreasonably interferes with the working thereof
and the making of any other noise so as to annoy the users and/or
occupants of such places or buildings.
D.
Exemptions. Noise emitted from the following sources shall be exempt
from the noise standards specified herein but must meet the conditions
of operation or legitimacy as follows:
(1)
All safety signals and warning devices (e.g., intrusion alarms, backup
alarms on trucks); authorized vehicles when responding to emergencies
(e.g., police, fire, ambulance sirens or any other device used to
alert persons to an emergency or used during the conduct of emergency
work).
(2)
The provision, repair and maintenance of municipal services or public
utilities.
(3)
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
(4)
Heavy construction equipment when being used between the hours of
7:00 a.m. and 10:00 p.m. and on a specific short-term project (such
as, but not limited to, constructing a building, constructing, repairing
or cleaning a road, drilling a well, gas exploration and other similar
short-term, specific construction, demolition or repair projects)
for the duration of such short-term, specific project, provided such
heavy construction equipment is operated within the manufacturer's
specifications and with all standard noise-reducing equipment in an
unmodified and proper operating condition.
(5)
All farm-related operations and activities.
(6)
Any existing legitimate or licensed business, commercial or industrial
operation, provided any appliances, equipment, machinery or devices
used in such operation are operated within the manufacturer's
and federal, state and local regulatory specifications with all standard
noise-reducing equipment in use, unmodified and in proper operating
condition, during the hours of 7:00 a.m. to 10:00 p.m. In circumstances
where these business operations normally occur throughout a twenty-four-hour
period, these same rules and regulations apply.
(7)
Public celebrations:
(8)
Activities permitted by special waiver, as provided herein, according
to the terms and conditions of said waiver.
E.
Special waiver.
(1)
The Township may grant a special waiver of the strict application
of this noise section during emergency circumstances or during natural
gas exploration and operations to allow reasonable time for the repair
or replacement of equipment whose operation exceeds the noise standards
of this section.
(2)
The Township may also grant a special waiver of the strict application
of this noise section for a special, limited-time-period event that
occurs once or twice a year and benefits the entire community.
(3)
Such special waiver shall be obtained by application to the Township
and a written explanation of the nature of the emergency or other
reason that a waiver is necessary and the expected length of time
needed to come into compliance. The waiver shall require the approval
of a majority of the Supervisors.
(4)
In the event a waiver is denied, the applicant may appeal such denial
to the Court of Common Pleas of Butler County, Pennsylvania.
A.
No property owner shall permit:
(1)
Roof, surface and/or sanitary sewage drainage to create a safety
and/or health hazard to persons and/or property by reason of inadequate
and/or improper disposal, construction or maintenance or manner of
discharge;
(2)
Roof gutters, drains or any other system designed and constructed
to transport stormwater to be discharged into any sanitary sewage
systems and/or any part thereof;
(3)
Any refrigerator, freezer and/or other similar storage chest to be
discarded, abandoned or stored in any place or location which is accessible
to the general public without first completely removing any and all
locking devices and/or doors;
B.
The burning of plastics, rubber products, by-products of manufacturing
and processing operations, toxic construction debris and wastes from
commercial operations, including but not limited to plastic, rubber,
asbestos, composition board, felt paper, canvas, fiberglass, vinyl,
human waste, animal waste, sanitary napkins, diapers, and oil filters
without a permit issued by the Pennsylvania Department of Environmental
Protection.
A.
Noncompliance with the provisions of this article constitutes a nuisance,
and the Township or its designated enforcement officer shall issue
a written notice of the nuisance to be served by registered or certified
mail upon the owner and occupants of said premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the nature of the violation or nuisance
complained of and shall require the owner to commence to remove or
otherwise rectify the nuisance 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.
If the owner/occupant does not comply with the notice to abate
the nuisance within the time limit prescribed, the Township of Clinton
shall have the authority to take measures to correct the conditions
and collect the cost of such corrections plus 10% of all costs. The
Township, in such event and pursuant to its statutory or otherwise
authorized powers, shall have the right and power to enter upon the
offending premises to accomplish the foregoing nuisance mitigation
efforts.
A.
Any person aggrieved by the determination of the Township or its
designated enforcement officer may request and shall then be granted
a hearing before the Board of Supervisors of the Township, provided
he/she files with the Township, within 10 days after the mailing date
of the notice to comply, a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor. The hearing
shall commence not later than 30 days after the date on which the
petition was filed unless postponed for sufficient cause or by agreement
of the parties.
B.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the enforcement officer.
An occupant of any premises shall be responsible for compliance
with the provisions of this article with respect to the maintenance
of that part of the premises which he occupies and/or controls in
a safe, sound and/or sanitary condition pursuant to the terms of the
contract/agreement under which he exercises occupancy and/or control
thereof.
A.
Owners of premises shall comply with the provisions of this article,
as well as operators and occupants, regardless of any agreement between
owners and operators as to which party shall assume such responsibility.
B.
In instances where an occupant is responsible or shares responsibility
with an owner, for the existence of one or more violations of this
article, said occupant shall be deemed responsible and treated as
if an owner within the true intent and meaning of this article.
The Township, its enforcement officer, or its designated agent,
in addition to any other power set forth herein, is/are hereby empowered
as follows with the appropriate warrant obtained by the County District
Attorney:
A.
To cause entry onto premises and/or property for the purpose of taking
remedial measures to secure the safety of the public or otherwise
abate an imminent health and safety hazard. No entry shall be permitted
unless the enforcement officer sends written notice to the owner of
record and has obtained the proper warrant from the County District
Attorney, except in the case of emergency, in which case the enforcement
officer may take appropriate action without notice after notifying
the Pennsylvania State Police and County District Attorney. Every
effort shall be made to contact the owner and enter onto the premises
in the presence of the owner.
B.
Upon probable cause, to cause entry onto premises and/or property located within the Township with the appropriate warrant from the County District Attorney for the purpose of ascertaining the existence of violations in accordance with the provisions of this article. Where no imminent health and safety hazard or emergency exists as anticipated by Subsection A, above, the enforcement officer shall utilize good faith efforts to make prior arrangements with the owner or his agent to secure access to the premises and/or property with the appropriate warrant from the County District Attorney.
Any person who shall violate any provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine up to $500
plus legal costs of prosecution and attorney fees and costs, subject
to revision by the Board of Supervisors from time to time. Each day
that a violation of this article continues shall constitute a separate
offense.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
article.
The remedies provided herein for the enforcement of this article,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
sole option of the Township.
The provisions of this article shall supplement local laws,
ordinances or regulations existing in Clinton Township or those of
the Commonwealth of Pennsylvania. Where a provision of this article
is found to be in conflict with any provision of a local law, ordinance,
code or regulation of those of the Commonwealth of Pennsylvania, the
provision which is more restrictive or which establishes the higher
standard shall prevail.
A.
No person, firm or corporation shall drive or move a motorized vehicle
within the Township unless such vehicle is so constructed or loaded
as to prevent any load, contents, dirt, debris, material, litter or
any part thereof from being blown or falling or deposited upon any
street or road in the Township.
B.
No person, firm or corporation shall drive or move any motorized
vehicle within the Township, the wheels of which carry onto or deposit
on any street or road in the Township excessive amounts of mud, debris,
dirt, sticky substances, loose gravel, litter or foreign matter of
any kind.
C.
All property owners in the Township shall maintain their property
in such a manner that no dirt, mud, stones, trees or tree limbs, ice,
snow or other material shall wash or be deposited onto any street
or road in the Township as the result of rainfall, drainage or conditions
created by the property owner.
D.
If, in the course of excavation, building, construction or development
of any property, any mud, dirt or any other foreign substance is unavoidably
carried onto any street or road in the Township, it shall be the duty
of the contractor having supervision over the job to remove the mud,
dirt or foreign substance at the end or conclusion of each workday
so as to render the street or road clean and safe for the passage
of normal vehicular traffic. In the event said contractor does not
remove the mud, dirt or foreign substance at the end or conclusion
of the workday, then it shall be the duty of the property owner to
remove the debris and within the same within four hours after the
end of the workday.
Exception: Nothing contained herein, however, shall unduly restrict
or prevent the farming or agricultural operation of property designated
in an agriculture area within the Township; however, in the event
that owners or lessees of said designated areas create a condition
detrimental to the health, safety and welfare of citizens of the Township
by depositing mud, dirt, or any other foreign substance onto the streets
and roads in the Township, then nothing shall prevent the Township
from enforcing this article, as well as the laws defined within 53
P.S. § 67326.
E.
No person, people, firm, corporation, or entity shall discharge firearms,
shoot bows and arrows, operate all-terrain vehicles, two-wheel motorized
bikes such as dirt bikes, or other recreational vehicles on property
owned by Clinton Township, including Spring Valley Park.
A.
Noncompliance with the provisions of this article constitutes a violation
hereof, and the Township or its designated enforcement officer shall
issue a written notice of said violation to be served by personal
service or by registered or certified mail upon the owner, lessee
or contractor of said property or premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending property or premises.
B.
Said notice shall specify the nature of the violation and shall require
the person, people, firm, corporation, entity, owner, lessee or contractor
to commence to remove or otherwise rectify the source or basis of
the violation set forth therein within 24 hours of mailing, posting
or delivering said notice and thereafter to fully comply with the
requirements of this article within a reasonable time.
Any person, firm or corporation violating any of the provisions
of this article shall be deemed guilty of a summary offense and upon
conviction thereof shall be fined an amount up to $500. Each day a
violation is committed or is permitted to continue shall constitute
a separate offense and shall be punishable as same.
