[HISTORY: Adopted by the Board of Commissioners
of the Township of Abington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-11-1954 by Ord. No. 742]
It shall be unlawful for any person, firm or
corporation, either directly or indirectly or by its agents, to do,
authorize, aid or abet any of the following-described acts, the prohibition
of which is intended to promote the general safety, health, comfort
and convenience of the township:
A.
To injure or destroy any property, owned either by
the township or by other persons, in or along any public highway or
place in the township.
B.
To start or cause or permit to be started any bonfire
or fire for the purpose of burning any paper, debris, rubbish, straw,
shavings or leaves or any other substances within the limits of any
public street in the township.
C.
To cast any paper boxes or store wastes, earth, brick,
stone, coal, wood, ashes, lime, shavings, rubbish or any substance
of any kind, except for the purpose of immediate loading or removing,
on any public highway or sidewalk within the township.
D.
To drive any wagon, cart, automobile or other vehicles,
or to ride any bicycle or motorcycle, or to coast or sled-ride upon
any sidewalk within the township, provided that this subsection shall
not be construed to prohibit the use of entrances from the public
highway to private property.
E.
To throw, drop or place, or cause to be thrown, dropped
or placed, upon any of the public highways, sidewalks or public places
within the township, or upon any porch, step or yard of any house
or store along any of the public highways within the township, any
posters, circulars, bills, handbills or other advertising matter of
any kind or description whatever.
F.
To throw, drop or place, or cause to be thrown, dropped
or placed, upon any of the highways, sidewalks or other public places
within the township, any paper, paper boxes or literature of like
kind or nature, or waste matter of any kind whatsoever.
G.
To nail, tack, hang or otherwise append any sign,
notice or advertisement of any kind whatsoever on any tree, post or
pole of any description within the township, except on private property
and then only by permission of the owner.
H.
To drive or cause to be driven any cart or wagon or
motor vehicle containing garbage, earth, rubbish or any materials
of like character through any public highway in the township unless
such cart, wagon or motor vehicle has a good and sufficient tailboard
and body sufficiently tight and closed at the sides and bottom to
prevent the contents from dropping off the vehicle and a cover to
eliminate odors or prevent contents from blowing off the vehicle.
I.
To ride horseback upon sidewalks or sidewalk areas,
school ground or recreation areas, or to gallop, canter or trot a
horse upon streets in built-up areas, but walking a horse only upon
streets in the built-up areas shall be permitted.
J.
To harbor a dog or dogs which continually bark.
K.
To blow horns of motor vehicles where such hornblowing
is unnecessary and only serves to annoy residents.
L.
To use the public streets as a proving ground, amusement
thoroughfare or other objectionable practices by operators of motor
vehicles.
M.
To permit the growing and accumulation of grass, weeds,
plants and shrubbery in any sidewalk area.
N.
Fireworks.
[Added 6-8-1995 by Ord. No. 1750]
(1)
To sell or dispense or use at any public function
or gathering, including but not limited to parades, sporting events
or races, circuses or fairs, flea markets, fireworks displays or other
special events, the following items:
(2)
The Abington Township Police Department is authorized
under this subsection to confiscate the aforementioned items at the
aforementioned events.
[Amended 9-14-1978 by Ord. No. 1472]
Any person, firm or corporation or its agents
violating this article shall, upon conviction thereof, be subject
to a fine of not less than $5 and not more than $100 for each offense
and, in default of payment of the fine, shall be committed to the
township lockup for a period not exceeding 48 hours.
[Adopted 7-9-1959 by Ord. No. 955]
Any person who creates, continues or maintains
any public or common nuisance within the Township of Abington shall
be deemed guilty of a violation of this article and shall be liable
for the expense and abatement and remedy thereof as well as such fines
and penalties as may be imposed.
As used in this article, the following terms
shall have the meanings indicated:
The refuse from animal and vegetable matter after it has
been prepared as food for humans (except oyster and clam shells),
and all refuse, animal and vegetable matter after it has been used
as food for humans, including all kitchen waste of animal or vegetable
nature such as vegetables, meat, fish, fruit, bone or fat, kitchen
wastes resulting from the preparation of foods or any other organic
substance subject to fermentation and decay.
Any individual, partnership, association or corporation as
well as all officers, agents, servants, employees or others acting
for any of the same, and shall be taken as applying in the singular
or plural, as the case may require.
That which is set up, maintained or continued so as to be
injurious to the health or an obstruction to the use of property by
interfering with the repose, health, safety or life of the public.
Includes all streams and springs and all bodies of surface
or ground water, whether natural or artificial, within the boundaries
of the Township of Abington.
A.
No house refuse, offal, pomace, garbage, dead animals,
decaying vegetable matter or organic waste substances of any kind
shall be thrown or deposited or allowed to drain into any ravine,
ditch or gutter, upon any road, street or highway, into any waters
of the Township of Abington or on any public place within the limits
of the township, or upon private property, vacant or occupied, and
be permitted to remain exposed upon the surface of the ground; and
no putrid or decaying animal and vegetable matter shall be kept in
any house, cellar or adjoining buildings in an unsanitary manner on
any premises.
B.
Refuse receptacles shall not be placed at the curb
for collection more than 12 hours before disposal time and must be
removed from the curb at least 12 hours after the same have been emptied.
A.
All marshes or swamps and all pools or ponds, either
natural or artificial, shall be maintained by the owners free from
the breeding of mosquitoes. If treatment is required to prevent the
breeding of mosquitoes, it shall be accomplished by filling, draining,
stocking with larvae-eating fish, treating with larvicide or mineral
oil or by some other method approved by the Township of Abington Department
of Public Health.
B.
The owner of any ground, vacant or occupied, must
remove and destroy all nests of tent caterpillars as soon as they
become evident in the early spring and shall take all steps necessary
to remove the breeding source to prevent a reoccurrence of the same.
A.
No owner or occupant of any premises shall maintain
any well, spring, cistern or other source of water supply used for
drinking or household purposes to which the public has or may have
access and which is polluted or which is so situated or constructed
that it may become polluted in any manner that may render such water
supply injurious to health.
B.
Manure shall not be allowed to accumulate in any place
where it can prejudicially affect any source of drinking water or
where, as a source of fly breeding, it may become a menace to public
health.
A.
No person shall drain, empty, pump or allow to drain
into any gutter, watercourse, alley or street the contents of any
sink, cesspool or privy vault or any kitchen, laundry or other waste
water or any liquid deleterious to health used by any manufacturer
or other person in any trade or otherwise, from any dwelling premises,
place of business, manufactory, hotel, restaurant or other place or
building in the Township of Abington. Such drainage, when not connected
with the public sewer, must be collected into properly constructed
cesspools or reservoirs provided with proper traps and properly covered,
and the contents of said cesspools shall be cleaned and removed at
sufficiently frequent intervals to prevent the contents from overflowing.
B.
No person shall drain, empty, pump or allow to drain
onto any other person's property any water or discharge from any swimming
pool. Such drains, when directed onto a public highway, right-of-way
or storm sewer, shall be constructed under the sidewalk area or conducted
over the sidewalk area by temporary means so as not to interfere with
the use of the sidewalk area by the public or cause a nuisance. The
disposition of swimming pool water or swimming pool discharge into
the Abington Township sanitary sewer system is prohibited.
[Amended 5-14-1970 by Ord. No. 1281]
C.
No person shall drain, empty, pump or allow to drain
onto any other person's property any water from any pool, whether
portable or permanent, nor shall any person permit such drainage to
run onto any sidewalk area or public right-of-way, and, further, such
drainage shall be properly underdrained where the same is to empty
into any public highway, right-of-way or storm sewer.
[Added 10-11-1962 by Ord. No. 1081]
A.
No paper, trash, rubbish, ashes, junk, waste or discarded
materials of any kind shall be thrown, deposited or dumped into any
ravine, ditch or gutter, upon any road, street or highway or on any
public place within the limits of the Township of Abington.
B.
Builders or land developers must remove all tree trunks,
stumps, limbs and brush from land under development and level all
ground so same will not retain pools of water. Where sidewalks are
installed, developers must keep sidewalks free from mud and other
debris at all times and keep grass cut in sidewalk areas.
C.
Occupied properties must be kept free of cans, garbage,
bottles or other trash and rubbish. All accessory buildings and garages
shall be maintained in such a condition as not to become unsightly
or constitute a nuisance by reason of health or safety.
[Amended 10-11-1962 by Ord. No. 1081]
D.
Nothing in this article shall be construed to prohibit
municipal dumps maintained by the township.
No person, firm or corporation shall place or
cause to be placed along any public highway, right-of-way, sidewalk
area, occupied or unoccupied private property any empty or filled
milk cases, bread cases or shopping carts.
A.
No person, firm or corporation shall expose for sale
in any public place in the Township of Abington any bakery products
or articles of foodstuffs prepared for human consumption and not requiring
additional cooking procedure, including olives, pickles, cheese, salads,
spiced or cooked meats, relishes, jams and preserves, potato chips,
confections, shelled nuts, etc., unless these articles are so covered
as to be thoroughly protected from dust, dirt, flies and other vermin.
B.
Public places, within the meaning of this article,
shall include restaurants and taverns, grocery, delicatessen, confectionery
and department stores, bakery shops, markets, stands and containers.
C.
Fruits, produce and other foodstuffs displayed for
sale on the outside paving or exterior floor level of any public place
shall be raised at least 18 inches above the said outside paving or
exterior floor level or sidewalk grade, as the case may be.
[Amended 5-8-1980 by Ord. No. 1509; 10-9-2014 by Ord. No.
2055]
A.
Owners of property situate in the Township of Abington, whether such
property is occupied or vacant, must keep the property reasonably
free of weeds, invasive honeysuckle vines, underbrush, cans, bottles
or any other refuse or debris which may create or may tend to create
a harbor for rats or other hazard to the public health and safety
of others. Owners of all such property must keep the grass cut on
their premises, including the grass in the sidewalk areas adjoining
their premises.
B.
Owners of such property must correct all violations of this section
within 10 days of written notice by the Township.
C.
Bamboo.
(1)
Purpose and intent. The purpose of this Subsection C is to control the planting, cultivating or growing of certain running bamboo grasses in the Township of Abington and to require barriers to prevent the invasive spread of existing running bamboo into other areas of the Township.
(2)
BAMBOO
BAMBOO OWNER
(a)
(b)
TOWNSHIP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa, including but not limited to Bambusa, Phyllostachys,
Fallopia and Pseudosasa, as well as common bamboo, golden bamboo,
arrow bamboo, and Japanese bamboo.
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on his/her property, or who permits
bamboo to grow or remain on the property even if the bamboo has spread
from an adjoining property. Any property owner of or resident at property
on which bamboo is found on the property will be considered a bamboo
owner, except any property owner or resident who:
Has provided satisfactory proof to the Township that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the property from an adjoining or neighboring property,
he/she advised the owner of such property of his/her objection to
the encroachment of the bamboo; and
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
The Township of Abington, Montgomery County, Pennsylvania.
(3)
General provisions.
(a)
For purposes of this chapter, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted
and/or grown by and/or with the consent of the property owner, tenant,
or other individual, entity or corporation having control of the property.
(b)
Prohibition. Except as provided in § 108C(3)(d) of
this Code, upon the effective date of this chapter, the planting or
growing of bamboo shall be prohibited within the Township, and no
persons, property owners, tenants, or other individuals, entities,
or corporations having control of property within the Township shall
plant, cultivate, or cause to grow any bamboo on any lot or parcel
of ground within the Township. Any person who thereafter plants or
grows, or causes or allows to be planted or grown, bamboo within the
Township shall be deemed to be in violation of this chapter and shall
be subject to such penalties as are set forth herein.
(c)
This section shall not be deemed to alter any rights at common
law or otherwise that any property owner may have to recover the cost
of removal of bamboo on his or her own property that has run over
from a neighboring property.
(d)
Exceptions:
[1]
The root system of such bamboo plants is entirely contained
within an above-ground-level planter, barrel or other vessel of such
design, material, and location as to entirely prevent the spread of
growth of the bamboo plants' root system beyond the container
in which it is planted; or
[2]
The root system is contained within a barrier, constructed in
accordance with the following specifications, and only after a compliance
inspection is performed and a permit issued by the Township:
[a]
The barrier itself shall be composed of high-density
polypropylene or polyethylene, with a thickness of 40 mm or more;
[b]
Each portion worksheet of the barrier shall be
secured or joined together by the use of stainless steel clamps or
stainless steel closure strips designed to be used with such barriers;
[c]
The barrier shall be installed not less than 30
inches deep;
[d]
The barrier shall be circular or oblong shaped;
[e]
Not less than three inches of the barrier shall
protrude above ground level around the entire perimeter of the bamboo;
[f]
When installed, the barrier shall slant outward
from bottom to top.
[3]
Whether planted or growing in a container, as described herein,
all bamboo plants shall be located, trimmed and maintained so that
no part of the plant, including the root system of the plant, shall
be closer than 10 feet to any pavement, sidewalk or public road within
the Township. In addition, all bamboo plants shall be maintained such
that that portion of the plant that is aboveground shall be trimmed
back to a point at least 20 feet from any pavement, sidewalk or public
road within the Township.
(e)
Any bamboo that has been planted or otherwise permitted to grow
on any property within the Township prior to the effective date of
this chapter may remain on such property subject to compliance with
the following:
[1]
The bamboo shall not be closer than 10 feet to any, pavement,
sidewalk, or a public road within the Township. In addition, all bamboo
plants shall be maintained such that that portion of the plant that
is aboveground shall be trimmed back to a point at least 20 feet from
any pavement, sidewalk or public road within the Township.
[2]
Any bamboo owner whose property contains bamboo shall remove
and abate the growth of the bamboo, including the root system of the
plant, within 10 feet of the edge of the pavement or traveled portion
of a public road in the Township. In addition, all bamboo plants shall
be maintained such that that portion of the plant that is aboveground
shall be trimmed back to a point at least 20 feet from any pavement,
sidewalk or public road within the Township.
[3]
Each bamboo owner shall be responsible for ensuring that the
bamboo planted or growing on the property prior to the effective date
of this section is maintained such that it does not encroach or grow
upon any adjoining or neighboring property or properties, including
all public property and public rights-of-way.
[4]
If the Township Code Enforcement Officer determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public right-of-way or any private property not owned by or in the possession of such landowner, the property owner or possessor shall be required to comply with the provisions of § 108-12C(3)(d)[2] above.
(f)
Removal. In the event that the bamboo owner does not remove
or contract for the removal of the bamboo from the Township property
or does not make an arrangement with the Township for removal of such
bamboo within 30 days from the date the Township first provided notice,
the Township, at its discretion, may take the appropriate steps to
effectuate the removal or arrange for removal of such bamboo, including
but not limited to filing an action in equity. The bamboo owner shall
be liable and responsible to the Township for all costs incurred in
removing the bamboo from the Township property, including reasonable
attorneys' fees. Such costs may be assessed against the property
of the bamboo owner and entered as a lien on the property. Nothing
herein shall be construed to create any affirmative obligation on
the part of the Township to abate or remove any bamboo within the
Township.
(g)
Replanting prohibited. Any bamboo either planted or caused to
be planted or existing on a property prior to the effective date of
this chapter may not be replanted or replaced in kind once such running
bamboo is or has become, for any reason, dead, destroyed, uprooted
or otherwise removed, unless such replanting is consistent with the
provisions of this chapter that apply to new plantings.
D.
Violations and penalties. Any person, firm or corporation violating
any of the provisions of this section shall, in addition to the other
charges hereinbefore provided for, upon conviction before any Magisterial
District Justice, be guilty of a summary offense and shall be required
to pay a fine not exceeding $1,000 and costs of prosecution. Each
and every day on which any person, firm or corporation shall be in
violation of this section shall constitute a separate offense.
E.
Severability. The provisions of this section are severable, and if
any section, clause, sentence or part or provision thereof shall be
held illegal, invalid or unconstitutional, the decision of the court
shall not affect or impair the remaining parts and provisions of this
section.
[Amended 11-13-1969 by Ord. No. 1265; 11-8-1984 by Ord. No.
1577]
Any person, firm or corporation found guilty
of violating any of the provisions of this article shall, upon conviction
thereof, be fined not less than $10 nor more than $100 for the first
offense; not less than $25 nor more than $250 for the second offense
within a consecutive twelve-month period; not less than $50 nor more
than $500 for the third offense within a consecutive twelve-month
period; and not less than $200 nor more than $500 for the fourth offense
within a consecutive twelve-month period, plus costs of prosecution
for each offense, and in default of payment of said fine and costs,
the defendant may be sentenced and committed to the township lockup
for a period not exceeding 30 days. Each day's failure to comply with
any provision of this article shall constitute a separate violation.
