[HISTORY: Adopted by the Board of Supervisors of the Township of Palmer 9-17-1973 as Ord. No. 144. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Palmer Township Right-of-Way and Weed Ordinance."
For the purpose of this ordinance, the terms used herein are defined as follows:
- Any individual, corporation, partnership, trust or other entity, including the officers of corporations and partners of partnerships.
- Any point within the opened or unopened full dedicated width of a street or road opened to the public as shown on a map, plan or other instrument.
- STREET CURBLINES
- The line formed by the edge of the curb or opened cartway of a street or road opened to the public.
No person owning or occupying any lot or tract of ground near or adjoining any street or road opened to the public shall erect or maintain any fence, wall, planting or structure more than two feet in height, except a utility pole, mailbox or sign otherwise permitted by the Zoning Ordinance, within 10 feet of the street curblines or within or upon the street right-of-way.
In addition to the requirements of § 186-3, no person owning or occupying any lot or tract of ground on or near a corner shall erect or maintain any fence, wall, planting or structure more than two feet in height within 35 feet of the intersection of the street curblines, except a utility pole.
Regardless of height or the existence of a variance, any fence, wall, planting or structure within or upon the street right-of-way shall be subject to removal by the township at any time to allow for visibility or improvements. Persons owning or occupying property shall be responsible for the care and maintenance of all portions of an unpaved street right-of-way coincidental with their lot.
No person owning or occupying any lot or tract of ground shall permit any noxious vegetation to grow or any grass or weeds or nonornamental vegetation not grown for use as food for domestic animals or humans to grow to a height in excess of six inches. Noxious vegetation shall include but is not limited to the following: ragweed, goldenrod, poison ivy, poison oak, poison sumac and other similar vegetation.
Any township building, zoning or police or code officer or inspector may give notice by personal service or certified mail to any person owning or occupying any land that a violation of this ordinance exists upon said land. Such notice shall require that such person remove or trim so as to correct said violation within five days after receipt of such notice. If the violation is not removed within five days, it is hereby declared to be a nuisance and, in addition to the penalties of § 186-9, the same may be removed or trimmed by or for the township and the costs of such removal collected from the person or persons in violation or filed as a municipal claim against the property in question as provided by law.
[Amended 9-29-1981 by Ord. No. 191]
Any person who violates any of the provisions of this ordinance or who takes part in any way in such violation shall be liable, upon conviction before any Alderman, District Magistrate or Justice of the Peace in a summary proceeding, to pay a fine or penalty to the township, and for the use of the township, as follows: for a first offense, the cost of the weed cutting and removal by the township as set forth in § 186-8 or the sum of $100, whichever is greater; for the second offense, the sum of $300; for the third and each subsequent offense, the sum of $500, and,in default thereof, may be sentenced to imprisonment in the Northampton County Prison for a period not exceeding 30 days as provided by law.
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
[Added 10-25-1988 by Ord. No. 227]
Once the five-day period set forth in § 186-8 hereof has expired, each and every additional five-day period a violation continues shall constitute a separate offense.
The provisions of this ordinance are severable, and if any part of this ordinance is found to be invalid, such invalidity shall not affect the remaining provisions of this ordinance. It is hereby declared to be the intent of the Board of Supervisors to have enacted this ordinance without such invalid part.
This ordinance shall become effective five days after enactment. Ordinance No. 78 of May 16, 1966, as amended, and Ordinance No. 94 of May 20, 1968, are hereby repealed, as well as all ordinances inconsistent herewith.
Editor's Note: Ord. No. 94 was formerly Art. I of this chapter, entitled "Weeds, Grass and Other Vegetation," amended 11-6-1972 by Ord. No. 130, and Ord. No. 78 was formerly Art. II of this chapter, entitled "Visual Obstructions."