[HISTORY: Adopted by the Board of Supervisors of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Damaged or destroyed buildings — See Ch. 128.
Grass, weeds and other vegetation — See Ch. 220.
[Adopted 5-20-1998 by Ord. No. 98-4]
A. 
All buildings or structures or other things which have any or all of the following characteristics shall be deemed in violations hereof and shall constitute a nuisance:
(1) 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plum line passing through the center of gravity falls outside of the middle third of its base.
(2) 
Those which, exclusive of the foundation, show 33% or more, of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(4) 
Those which have been damaged by fire, wind or other cause so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants, or the people of the Township of Independence.
(5) 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to reasonable decent living, that they are unfit for human habitation or use, health, morals, safety, or general welfare of those living therein, or those in the vicinity thereof, or those who may come into contact with the said structure or thing.
(6) 
Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, general welfare of human beings who live or may live therein.
(7) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairway elevators, fire escapes, or other means of communication.
(8) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) 
Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Township.
(10) 
Those buildings or structures or things existing in violation of any other ordinance or provision thereof of the Township of Independence.
B. 
The following standards shall be enforced in substance by the Code Enforcement Officer and/or the Supervisors in ordering the repair, vacation, or demolition:
[Amended 5-16-2012; 5-21-2014]
(1) 
If the building or structure or thing which is a nuisance can reasonably be repaired so that it will no longer exist in violation of the terms of this section, it shall be ordered repaired.
(2) 
If the building or structure or thing is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants or persons nearby or persons who may come in contact with it, it shall be ordered to be vacated, and/or demolished, and/or removed.
(3) 
In all cases where a building or structure or thing is 50% damaged or decayed, or deteriorated from it original value or condition, it shall be demolished, and/or removed; alternatively, and/or additionally, in all cases where a building and/or structure or thing cannot be or is not repaired so that it will no longer exist in violation of the terms of this section, it shall be demolished and so removed.
C. 
All building or structures or things within the above terms or any section of this article are hereby declared to be a public nuisance and shall be repaired or vacated or demolished as provided herein or as otherwise provided by statute.
D. 
Mosquito-breeding bodies of water. No landowner or person shall permit, construct, allow, maintain, or control any body of water, flowing or otherwise, that becomes a habitat for mosquitoes.
E. 
The Code Enforcement Officer and/or such other Township official as appointed by resolution of the Board of Supervisors shall:
[Amended 5-16-2012; 5-21-2014]
(1) 
Inspect or cause to be inspected upon receiving information from any source that such building or structure or thing is a nuisance: public buildings, schools, halls, churches, theaters, hotels, tenements, commercial manufacturing, loft buildings or any other building or thing for the purpose of determining whether any conditions exists which render such places a nuisance within the terms of § 268-1.
(2) 
Inspect any building, wall, structure, or thing about which complaints are filed by any person to the effect that the building, wall structure or thing is or may be existing in violation of this article.
(3) 
Inspect any building, wall, structure or thing reported (as hereinafter provided for) by the Fire or Police Departments or any other public official of this Township as probably existing in violation of the terms of this article.
(4) 
Notify in writing the owner, occupant, lessee, mortgage agent and all other persons having an interest in said building or structure or thing as shown by the land recorded of the Recorder of Deeds of Washington (or any other available record) of any building or thing found by him to be a structure or thing within the standards set forth in § 268-1 that:
(a) 
The owner must vacate, or repair, or demolish and remove said building or structure or thing in accordance with the terms of the notice and this section.
(b) 
The occupant or lessee must vacate said building or structure or thing or have it repaired in accordance with the notice and remain in possession; provided that any person notified under this subsection to repair, vacate, demolish or remove any buildings, structure or thing shall be given reasonable time, but not more than 90 days, to do or have done, the work or act required by the notice provided for herein.
(5) 
Set forth in the notice provided for hereinabove, a description of the building, structure, or thing deemed in violation of this section, a statement of the particulars which make the building or structure a nuisance and an order requiring the same to be put in such condition as to comply with the terms of this section within such length of time, not more than 90 days.
(6) 
Place a notice on all buildings, structures, premises, or things in violation of this article which notice shall read as follows:
"This building/structure/thing has been found by the Independence Township Code Enforcement Officer and/or Supervisors to constitute a nuisance. This notice is to remain on this structure/thing or premises until it is repaired, vacated, demolished or removed in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent, and all other persons having an interest therein as shown by the land records of the Recorder of Deeds of Washington County or other available records. It is unlawful to remove this notice until such notice is complied with."
(7) 
Any of the above duties can, alternatively, be accomplished by a Supervisor.
F. 
Violations and penalties. Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this section that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this section shall be paid to the Township Treasurer.
[Amended 9-15-2010 by Ord. No. 10-01]
G. 
The policemen of the Police Department, Code Enforcement Officer or any other Township official shall make a report in writing to the Supervisors of all buildings or structures or things which are, may be, or are suspected to be in violation of the terms of this article.[1]
[Amended 5-16-2012; 5-21-2014]
[1]
Editor's Note: Original Section 2, Disorderly conduct, which immediately followed this section, was repealed 9-15-2010 by Ord. No. 10-01.
A. 
Discharge of fire arms prohibited. Except in necessary defense of person and property and except as provided in Subsection C of this section, it shall be unlawful for any person to use, fire, or discharge any gun or other fire arm within the Township.
B. 
Use of air rifles, bow and arrows, or similar devices. It shall be unlawful for any person to discharge any air rifle, air pistol, spring gun, spring pistol, BB gun, bow and arrow, or similar device, or any implement that is not a firearm but which impels a pellet or projectile of any kind with a force that can reasonably be expected to cause bodily harm, at any place within the Township except as provided in Subsection C of this section, and except on a target range which is properly constructed to trap or stop the projectile.
C. 
Exceptions. This section shall not apply to:
(1) 
Persons licensed to hunt in this commonwealth while actually engaged in hunting at such places as permitted under the laws of the Commonwealth of Pennsylvania;
(2) 
Members of any organization incorporated under laws of this commonwealth engaged in target shooting upon the grounds or property belonging to or under the control of such organization;
(3) 
Any law enforcement officers or public employees when used in a discharge of their official duties; and
(4) 
Persons situate on their own property consisting of two acres or more when not within 100 yards of any adjoining property, roadway, or structure and not within 500 yards of any school bus stop, school facility, public building, or private business.
D. 
Restricted hours. Except as excluded in Subsection C(1), (2) and (3) above, all discharges must take place between 8:00 a.m. and 6:00 p.m., Monday through Saturday.
E. 
Violations and penalties. Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys’ fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this section that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this section shall be paid to the Township Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AVAILABLE TO THE PUBLIC
The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.
DISPLAYS PUBLICLY
Exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen, and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others.
DISSEMINATE
To transfer possession of, with or without consideration.
EXPLICIT SEXUAL MATERIAL
Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
KNOWINGLY
Being aware of the character and content of the material.
MASSAGE
Any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupations therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed.
MASSAGE ESTABLISHMENT
Any building, room, place or establishment where, for any form of consideration or gratuity, manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barber shops.
MATERIAL
Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines.
MINOR
Any person under the age of 18.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE
That to the average person applying contemporary community standards:
(1) 
The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity, or excretion;
(2) 
The matter depicts or describes sexual conduct in a patently offensive manner; and
(3) 
The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation or other legal entity.
PORNOGRAPHIC FOR MINORS
Any material or device or performance is "pornographic for minors" if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and:
(1) 
Its predominant appeal is to prurient interest in sex;
(2) 
It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) 
It lacks serious literary, artistic, political or scientific value for minors.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining.
SEXUAL DEVICE
Any instrument or appliance primarily designed, promoted or marketed for the purposes of artificially causing simulating, or enhancing sexual conduct, except that any such device which is sold, distributed or displayed for bona fide medical purposes shall not be included within this definition.
B. 
Prohibited conduct. It shall be unlawful for any person for pecuniary gain or other consideration to:
(1) 
Knowingly disseminate, distribute or make available to the public any obscene material or objects or sexual devices; and
(2) 
Knowingly engage or participate in any obscene performance made available to the public; or
(3) 
Knowingly engage in commerce with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; or
(4) 
Knowingly provide service to patrons in such a manner as to expose to public view:
(a) 
His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(b) 
Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(c) 
Any portion of the female breast at or below the areola thereof; or
(5) 
Knowingly lease, own, or make available for such purposes a massage establishment, or engage in or offer to engage in for pecuniary gain or consideration the practice of massage as such conduct is defined herein.
(6) 
Knowingly publicly display explicit sexual material or to fail to take prompt action to remove the display of explicit sexual material from property in his possession after learning of its existence.
(7) 
Knowingly promote the commission of any of the above listed acts.
(8) 
Knowingly to furnish pornographic material to minors.
(9) 
Storage of pornographic material.
C. 
Zoning restrictions. To the extent that any of the above-stated prohibitive conduct may be legally permissible, then the same may only be permitted as a conditional use in conjunction with Chapter 410, Zoning, and/or amendments to zoning ordinances of Independence Township.
D. 
Violations and penalties. Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this section that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this section shall be paid to the Township Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).