[Ord. 838, 12/18/1989, § 1]
This Part shall be known as the "Public Nuisance Ordinance of
the Borough of Hatboro."
[Ord. 838, 12/18/1989, § 2]
1.
In interpreting this Part, the singular shall include the plural
and the masculine shall include the feminine. The word "person" includes
natural person, partnership, firm, association, corporation, or Borough
authority.
2.
BOROUGH
BOROUGH COUNCIL
BOROUGH OFFICIAL
PUBLIC NUISANCE
RIGHT-OF-WAY
SIDEWALK
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, in the United States of America.
The duly elected members of the Borough Council of the Borough
of Hatboro.
A duly appointed official of the Borough of Hatboro designated
to enforce this Part.
Any action, obstruction, noise, or odor created, maintained,
or continued so as to be injurious to health or an obstruction to
the use of property or interferes with the repose, health, safety,
life, or welfare of the public.
A public street, road, or highway, lane, alley, sidewalk,
or footpath officially dedicated and accepted by the Borough of Hatboro.
Right-of-way shall include all that area between the legal right-of-way
lines.
A paved area lying between the curb line and the right-of-way
or property line.
[Ord. 838, 12/18/1989, § 3]
It is the intent of this Part to establish standards for the
control and prevention of public nuisances and to promote an atmosphere
of quiet, dignity, respect for rights of others, and to encourage
cleanliness, safety, and order for the citizens of the Borough of
Hatboro.
[Ord. 838, 12/18/1989, § 4; as amended by Ord 907,
9/23/1996, § 10-104]
1.
No person shall permit the accumulation of refuse, trash, garbage,
decaying vegetable matter, or organic waste substances of any kind
including compost piles; or any other substance which emits odor,
or fumes, or which may decay or deteriorate so as to cause a danger
or annoyance to others; either within any building or structure, or
on any property within the Borough of Hatboro.
2.
No person shall place, deposit or throw refuse, trash, garbage, decaying
vegetable matter, or organic waste substances of any kind into any
ravine, ditch or gutter, in any public right-of-way, or into any watercourse,
pond, retention basin, or water control facility in the Borough of
Hatboro.
3.
No person shall permit a dead animal to remain exposed upon the surface
of the ground; and, no putrid or decaying animal shall be kept in
any building or structure in the Borough of Hatboro. Dead animals
shall be disposed of in a sanitary fashion. Small rodents and birds
may be buried deep enough so as to prevent their being dug up by other
foraging animals. Deceased household pets should be delivered to a
veterinarian or the SPCA for proper disposal unless the pet owner
has made other legal arrangements for final disposal.
4.
No person shall be permitted to dispose of refuse, trash, or garbage
within the Borough of Hatboro except in accordance with current regulations
regarding trash and garbage collection and disposal.
5.
No person shall permit the accumulation of still or stagnant water
upon their property so as to encourage the breeding of mosquitoes.
All marshes, swamps, and all pools or ponds, either natural or artificial,
shall be maintained by the owner to prevent the breeding of mosquitoes.
6.
No person shall permit the chemical control of mosquitoes other insects
or rodents, or control of vegetation, except in accordance with current
regulations regarding the use and storage of chemicals within the
Borough of Hatboro. No person may spray chemicals for insect or vegetation
control in such a fashion as to cause the spray to extend beyond their
own property lines without first having received permission of the
adjoining property owner to do so.
7.
No person may burn any matter, thing, or substance within the limits
of the Borough of Hatboro which shall emit into the air any foul or
obnoxious odor. All burning must be done in accordance with current
fire code provisions.
8.
No person shall maintain any well, spring, cistern, or other source
of water supply used for drinking or household purposes.
9.
No person shall permit the drainage of household waste water into
any gutter, watercourse, alley, or street. Water drained from swimming
pools or other outdoor ponds, fountains, or similar water containers
shall not be permitted to drain onto any public right-of-way without
the permission of the Code Enforcement Officer. Such water may be
drained directly in natural waterways or storm drains so long as the
water does not contain any hazardous chemicals and the waterway or
storm drain can adequately handle the increased water flow.
10.
Owners of all property situate in the Borough of Hatboro shall keep
their property reasonably free of weeds, wild honeysuckle, underbrush,
cans, bottles, or any other refuse or debris which will create or
harbor for rats or vermin. Owners of all property situate in the Borough
of Hatboro must keep grass cut and brush or trees trimmed in the sidewalk
or roadside areas adjoining their property so as to permit free and
easy access to all public rights-of-way.
11.
No person shall use any right-of-way in the Borough of Hatboro in
a reckless manner which causes danger to others or themselves, including
the reckless use of roller skates, skate boards, wagons, carts, tricycles
and bicycles, pogo sticks, or any other device or vehicle.
12.
No person shall obstruct any public right-of-way so as to impede
the use of the right-of-way in a safe manner, including the placing
of signs, display of goods offered for sale, or any other action which
is not specifically authorized by permit or by law.
13.
No person shall discard or abandon in any place accessible to children,
or shall leave or store unattended in any such place, any airtight
container including, but not limited to, a refrigerator, freezer,
chest, or wardrobe having a capacity of 1 1/2 cubic feet or more
and having an attached door or lid or similar moving, closing, or
accessory with a latch, closing, or locking device.
14.
Weeds and Vegetation.
A.
No person, firm, or corporation, owning or occupying any property
within the Borough of Hatboro, shall permit any grass or weeds or
any vegetation whatsoever, not edible or planted for some useful or
ornamental purpose, to grow or remain upon such premises, within 40
feet of a property line, so as to exceed a height of six inches or
to throw off any unpleasant or noxious odor or to conceal any filthy
deposit or to create or produce pollen. Any grass, weeds, or other
vegetation growing upon any premises in the Borough in violation of
any of the provisions of this section is hereby declared to be a nuisance
and detrimental to the health, safety, cleanliness, and comfort of
the inhabitants of the Borough.
B.
The owner of any premises, as to vacant premises or premises occupied
by the owner, and the occupant thereof, in case of premises occupied
by other than the owner thereof, shall remove, trim, or cut all grass,
weeds, or other vegetation growing or remaining upon such premises
in violation of the provisions of paragraph .A.
C.
The Borough Council, or any officer or employee of the Borough designated
thereby for the purpose, is hereby authorized to give notice, by personal
service or by United States Mail, to the owner or occupant, as the
case may be, of any premises whereon grass, weeds, or other vegetation
is growing or remaining in violation of the provisions of paragraph
.A, directing and requiring such occupant to remove, trim or cut such
grass, weeds, or vegetation, so as to conform to the requirements
of this Part within five days after the issuance of such notice. In
case any person, firm, or corporation shall neglect, fail, or refuse
to comply with such notice, within the period of time stated therein,
the Borough authorities may remove, trim, or cut such grass, weeds,
or vegetation, and the cost thereof, together with any additional
penalty authorized by the law, may be collected by the Borough from
such person, firm, or corporation, in the manner provided by law.
[Ord. 838, 12/18/1989, § 5; as amended by Ord.
907, 9/23/1996, § 10-105]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
