Township of Tobyhanna, PA
Monroe County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 3-6-1989 by Ord. No. 354. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 64.
Outdoor burning — See Ch. 68.
Junk dealers and junkyards — See Ch. 89.
Property maintenance — See Ch. 106.
Solid waste — See Ch. 119.
Snow and ice removal — See Ch. 128, Art. II.
This chapter shall be known as the "Tobyhanna Township Nuisance Ordinance."
The Board of Supervisors of the Township of Tobyhanna, by authority granted to it as specified in the Pennsylvania Second Class Township Code, being the Act of May 20, 1957, P.L. 74, as amended by the Act of March 21, 1968, P.L. 66, No. 22, § 1, 53 P.S. § 66529, hereby enacts this chapter.
The Board of Supervisors of the Township of Tobyhanna finds and deems that it is in the best interests of and for the general health, safety and welfare of the citizens and residents of this township to prohibit the unreasonable, unwarrantable or unlawful use of private and public property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to others in the legitimate enjoyment of their rights of person or property.
As used in this chapter, the following terms, phrases and words shall have the meanings given herein. Any personal pronoun shall be construed so as to mean either the masculine, feminine or neuter gender, as the context may require; and the word "shall" is always mandatory.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Tobyhanna, Monroe County, Pennsylvania.
LAW ENFORCEMENT OFFICER
Any person employed by the Commonwealth of Pennsylvania or serving the Township of Tobyhanna whose sworn duty as a law enforcement officer is to preserve peace, make arrests or enforce the laws of the Commonwealth of Pennsylvania or the ordinances of the township.[1]
NUISANCE
Any unreasonable, unwarrantable or unlawful use of public or private property, or injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his or her reasonable rights of person or property.
OWNER
A person owning, leasing, occupying or having charge of any premises within the township.
PERMIT
To suffer, allow, consent or let; to give leave or license; or to acquiesce by failure to prevent or to expressly accept or agree to the doing of any act.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Tobyhanna, Monroe County, Pennsylvania.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to dump, store or accumulate or cause or permit the dumping, storing or accumulation upon any public or private property within the Township of Tobyhanna, or to create or maintain any nuisance as hereafter declared. Subsections A and/or B shall not apply to any duly licensed facility operating under a permit from the Department of Environmental Protection. Subsection A shall not apply to any permitted Commercial (C) or Commercial/Industrial (CI) establishment for the repair, maintenance or restoration of motor vehicles.
A. 
Inoperable, unregistered and/or uninspected motor vehicles which are not confined within a permitted structure.
B. 
Junk material, including but not limited to unused, discarded or abandoned machinery, vehicle parts, equipment or appliances, which are not confined within a permitted structure.
C. 
The burning of garbage, trash, tires, tar products, nonwood materials or any material which produces noxious or offensive smoke, fumes or odor.
D. 
The pushing, shoveling or otherwise depositing of snow or any other material upon the road and/or traveled portion of any public highway, road, street or township right-of-way which is maintained by this township or by the Commonwealth of Pennsylvania, and allowing the same to remain thereon.
A. 
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 95-5A and/or B of this chapter, it shall be necessary to serve written notice upon the owner in one of the following ways:
(1) 
By mailing a copy of the notice to the owner by any form of mail requiring a receipt signed by the owner;
(2) 
By personal delivery of the notice to the owner;
(3) 
By handing a copy of the notice at the residence of the owner to an adult member of the family who resides within, but if no adult member of the family is found, then to an adult person in charge of such residence; or
(4) 
By fixing a copy of the notice to the door at the entrance of the premises in violation.
B. 
Form to be provided. Notice required under this section must be given on a form prescribed and provided by the township.
C. 
Content of notice. The notice shall set forth the name and address of the owner, if known; the nature and extent of the violation or offense; the period or periods of time over which the nuisance has occurred; the identity of the person giving notice; the date and time of the sending or posting of notice; and a statement to the effect that a citation shall be issued or a private complaint filed if the nuisance is not abated within 14 calendar days from the date of receipt or posting of notice.
D. 
Duration of notice. Any notice given pursuant to this section shall be valid for a period of six months; within six months, no additional notice need be given prior to the issuance of a citation or the filing of private complaint.
E. 
No prior notice necessary. No prior notice of violation(s) is necessary for the issuance of citation(s) for any violation of § 95-5C and/or D of this chapter.
The provisions of this chapter shall be enforced by a law enforcement officer instituting summary proceedings by citation as provided by law or, when the affiant is not a law enforcement officer, the affiant shall institute a criminal proceeding by filing a complaint with the District Justice as provided by law.
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).