[HISTORY: Adopted by the Board of Supervisors of the Township of East Allen as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 76.
Hazardous materials — See Ch. 121.
Solid waste — See Ch. 197.
Streets and sidewalks — See Ch. 208.
[Adopted 9-4-1969 by Ord. No. 69-4]
This article shall be known and may be cited as the “Health and Nuisance Ordinance of the Township of East Allen.”
This article is adopted for the purposes of promoting public health, life, safety, morals, welfare, peace, decency, dignity, reasonable and comfortable use of property, and the tranquility of the community of the Township of East Allen, County of Northampton, Commonwealth of Pennsylvania, and to further the following related and more specific objectives:
A. 
To prohibit the creation or maintenance of impure, unwholesome, or offensive conditions relating to streets, sidewalks, air, soil, structures, premises, food or drink.
B. 
To prohibit the sale, lease, or distribution of impure, offensive, or unwholesome products.
C. 
To prohibit the existence of unsanitary conditions.
D. 
To prohibit blocking or obstructing streets or sidewalks.
E. 
To prohibit unguarded open excavations, piles of dirt or debris, and collection of stagnant water.
F. 
To prohibit the unauthorized posting of handbills, signs, and posters.
G. 
To prohibit the accumulations of brush, debris, litter, and any such other materials which may create an unwholesome and unhealthy condition in the Township.
H. 
To prohibit and control any growth of grass, weeds, and other vegetation in the said Township by requiring the removal, trimming, or cutting thereof under certain circumstances by the owner or occupant of the premises where the same are growing, or by the Township at the expense of such owner or occupant in default.
Certain words and terms are used in this article for the purposes hereof and are defined as follows:
A. 
Unless the context clearly indicates the contrary, words used in the present tense include the future, and singular numbers include the plural, and the plural the singular, and the masculine includes the feminine and neuter, and the neuter includes the masculine and feminine, and the feminine includes the masculine and neuter.
B. 
As used in this article, the following terms shall have the meanings indicated:
NUISANCE
Such activity, existence of a condition, or state of being which, based upon actual conditions in the Township, shall be offensive to public life, health, safety, morals, welfare, peace, decency, dignity, reasonable and comfortable use of property, and the tranquility of the community.
PERSON
Includes an individual, organization, corporation, partnership, government or governmental subdivision or agency, business trust, estate, trust, association, and any other legal or commercial entity.
STRUCTURE
Includes any building, permanent or temporary, fully erected or not, intended for shelter, housing or enclosure of persons, animals, or property of any kind.
WEEDS
Includes burdock, chicory, crab grass, garlic or wild onion, goldenrod, horse nettle, milkweed, morning-glory, mullen, perennial thistle (including Canadian, Russian, sow, bull, and other thistles), poison ivy, quack grass, ragweed, sumac, wild carrot, buckthorn, white top, dock, wild lettuce, wild mustard, wild parsnip, wild snapdragon, nettle, poison oak, wild parsley or any other plant or vegetation whatsoever, not edible or planted for an ornamental or agricultural purpose.
It shall be unlawful for any person to create a nuisance as herein defined. Any person violating any provision of this article shall be subject to the penalties hereinafter provided.
The following activities shall be deemed to be a nuisance when, based upon actual conditions in the Township, they constitute a nuisance in fact:
A. 
The accumulation of garbage and rubbish and the storage of abandoned or junked automobiles, on private and public property, and the carrying on of any offensive manufacture or business.
B. 
The ownership, maintenance, inhabitation, use, or offering for use, of any structure on public or private grounds which may be dangerous, unwholesome, or offensive to the public.
C. 
The willful making or causing to be made any loud, boisterous or unseemly noise or disturbance so as disturb or annoy the peaceable public, near to, or upon any street, lane, alley, park, square, common, or in any public building, public place or business place, or private building, or private place, within the Township of East Allen.
D. 
Any act or conduct such as might tend to cause riot, panic, violence, or general disturbance.
E. 
Any discharge, in a manner not authorized by the laws of the Commonwealth of Pennsylvania, except in authorized celebrations or by police officers in the performance of their duties, of any gun, pistol, firearm, fireworks or other explosive.
[Amended 3-26-2015 by Ord. No. 2015-01]
F. 
The obstruction of any sidewalk, pavement, highway, street, lane, alley, thoroughfare, passageway in any public building, or public place, or business place.
G. 
The sale, or offering for sale, the lease, or offering for lease, gift, or offering for gift, or distributing any unwholesome, impure, or offensive food or drink, or any other material intended for human or animal consumption.
H. 
The participation in an unlawful gathering, or the vexing, hindering, annoying or delaying any person, whereby the public peace or comfort is broken, or the public annoyed.
I. 
The lounging or loitering upon any street, road, highway, street corner, curb, sidewalk, lane, alley, park, square, common, or any public building, public place, or business place, or private residence, store, shop, church, entrance, or exit, or passageway.
J. 
The traveling about the Township soliciting, or begging, from door to door, or upon the streets, sidewalks, curbs, lanes, alleys, parks, squares, commons, or in any public building, public place, or business place, school, or private dwelling, for the purpose of acquiring money, or a living and who shall have no fixed place of residence, lawful occupation, or permit, from the said Township.
K. 
The use of indecent, vile, and profane language audibly upon the public streets, lanes, alleys, parks, squares, commons, public buildings, public places, business places, churches, schools, or any public place within the Township.
L. 
The congregating or assembling at, near, or about a place where a fire is in progress, or where the fire or police apparatus have been summoned by an alarm or necessity, and thereby hindering, delaying, or obstructing any such apparatus, its men and equipment, or rendering dangerous by such assembly the management or handling of such apparatus.
M. 
The neglect or refusal to promptly regard and obey the orders of any police officer or fireman in respect to the discharge of their duties in the enforcement of the laws and ordinances of the Township, and at any place where a fire is in progress.
N. 
The neglect or refusal by the owner or occupier of any premises within the Township upon which any grass or weeds in excess of six inches in height shall have grown, to cut or remove such grass or weeds or cause the same to be cut or removed, provided, however, grass or grain shall be permitted to grow in excess of six inches for purposes of cutting or harvesting the same for hay or other agricultural purposes.
[Amended 4-26-2018 by Ord. No. 2018-04]
[Amended 8-5-1976 by Ord. No. 76-5; 5-8-1986 by Ord. No. 86-2]
A. 
Any person who shall violate a provision of this article or shall fail to comply with any of the requirements thereof, or shall be in violation of a permit issued under the provisions of the article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also constitute a separate offense.
B. 
Upon notice to the person violating said article to abate the nuisance, and upon failure of such person to do so within a period of five days from the date of the notice, the Township shall take such steps as are necessary to abate the nuisance, and charge said person violating the article with all costs thereof, together with a collection fee of 10%, or file a municipal claim against said person, together with a collection fee of 10%, or by an action of assumpsit without the filing of a claim. It being specifically understood that the Township shall be under no obligation to give said person or persons violating this article additional notices for continuing offenses in the same calendar year, provided said violations are of the same general nature.
[Added 7-9-1987 by Ord. No. 87-5; amended 4-26-2018 by Ord. No. 2018-04]
[Adopted 4-26-2018 by Ord. No. 2018-07]
This article shall be known and may be cited as the "East Allen Township Engine-Powered Recreational Vehicle Nuisance Ordinance."
As used in this article, the following terms shall have the meanings indicated:
ENGINE POWERED RECREATIONAL VEHICLE
This term includes all wheel-driven and belt-driven vehicles powered by an engine, including but not limited to motorbikes, trail bikes, dirt bikes, all-terrain vehicles, snowmobiles and similar vehicles. This term shall not be construed to include properly licensed motor vehicles operated upon the public highways, streets, roads and private driveways, and in the pursuit of game, in accordance with law, nor golf carts, nor agricultural equipment used in the course of agricultural activities or husbandry, nor commercial equipment being properly used in the trade or business of the owner by such owner, their employees or agents, nor lawn cutting and other reasonable real property maintenance and landscaping, nor snow removal equipment.
PERSON
This term includes an individual, group of individuals, partnership, firm, association or any other entity.
The following regulations shall apply for the use of engine-powered recreational vehicles on private real property:
A. 
Visible dust, mud, debris or fumes shall not cross over onto an adjoining or adjacent property that will interfere with the reasonable use of and enjoyment of the use of the property, either inside or outside, where vehicles governed by this article are operated.
B. 
A minimum distance of 100 feet shall be maintained from all property lines for the operation of vehicles governed by this article, regardless of the relationship of the property owner to the operator.
C. 
A minimum distance of 300 feet shall be maintained from an occupied dwelling structure for the operation of vehicles governed by this article.
D. 
A minimum distance of 100 feet shall be maintained from the edge of pavement of any roadway or property road frontage and associated roadway right-of-way lines for the operation of vehicles governed by this article.
E. 
An exception to this regulation is the common boundary line between the owner and an adjacent property owner granting permission for another operator to use his or her property or ride up to the common boundary line. Said permission must be stated in writing and must contain the notarized signature of the land owner(s) granting permission.
F. 
It shall not be a violation of this article to operate an engine-powered recreational vehicle within the required setback for purposes of ingress and egress from or onto a driveway, nor ingress and egress from a garage or other structure that houses said engine-powered recreational vehicle situate within the required setback.
G. 
The use of vehicles otherwise governed by this article are exempt from the minimum distance requirements while performing property maintenance. Use of vehicles otherwise governed by this article for the plowing of snow or other winter maintenance are exempt from minimum distance and time restrictions under this article while performing such winter maintenance tasks.
H. 
Snowmobiles are exempt under this article when operated in accordance with regulations of the Commonwealth of Pennsylvania with regard to exemptions for emergency response, special road conditions, and similar situations.
I. 
It shall be unlawful for any person to operate an engine-powered recreational vehicle for recreational purposes other than that time from 9:00 a.m. to dusk, prevailing time in the Township, regardless of whether the operator is upon the private property of the operator or upon the private property of some third person who has granted permission to the operator for its use.
J. 
It shall be unlawful for any person to operate any engine-powered recreational vehicle within the same property line for recreational purposes for more than two consecutive hours and more than four hours within a twenty-four-hour time period. If an engine-powered recreational vehicle operates for two consecutive hours, the vehicle must not operate for one hour before restarting the vehicle.
K. 
It shall be unlawful for any person to operate any recreational vehicle governed by this article at a sound intensity that creates a disturbance or nuisance to any adjacent or adjoining property or property owners.
L. 
All engine-powered recreational vehicles shall be fitted with the original manufacturer's exhaust equipment while in operation unless the vehicle is fitted with a more restrictive and/or quieter exhaust system than the original.
M. 
In conformance with the intent of the Americans with Disabilities Act, any person shall not be in violation of this article when operating an engine-powered recreational vehicle if the person is proven to be certified by a medical doctor to be physically handicapped, disabled or mentally impaired and is able to prove that the use of an engine-powered recreational vehicle is the only means for general accessibility of property. In such instance, the person shall obtain a handicap placard to display prominently on the engine-powered recreational vehicle.
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also constitute a separate offense.
B. 
The operation of any engine-powered recreational vehicle in violation of this article is declared to be a public nuisance enjoinable in a court of equity, and the appropriate officers or agents of East Allen Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
C. 
The Code Enforcement Officer or other agent of the Township, designated by the Board of Supervisors, as well as the Pennsylvania State Police, are authorized to issue citations for violation of this article.