Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Middletown 4-7-1986 as Section 2 of Ord. No. 911, approved 4-7-1986. Section 250-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES

Garbage, rubbish and refuse — See Ch. 164.

Nuisances — See Ch. 188.

Property maintenance — See Ch. 210.

§ 250-1
Title. 

§ 250-2
Definitions. 

§ 250-3
Prohibited acts. 

§ 250-4
Responsibilities of owners and occupants. 

§ 250-5
Violations declared a nuisance. 

§ 250-6
Vectorproofing. 

§ 250-7
Private vector control programs. 

§ 250-8
Inspections, notices and abatement of vector problems. 

§ 250-9
Violations and penalties 

§ 250-1 Title.

This chapter shall be known as the "Vector Control Ordinance."

§ 250-2 Definitions.

For the purpose of this chapter, the following definitions shall apply:

ACCESSORY STRUCTURE
A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.
BREEDING AREA
Any condition which provides the necessary environment for the birth or hatching of vectors.
COLLECTION OF WATER
Considered in this chapter, held to be those collections of water contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels or other receptacles or containers of any kind which may hold water.
DILAPIDATED
Fallen into partial ruin or decay.
DISPOSAL
Includes the storage, collection, disposal or handling of refuse.
EXTERMINATION
The control and elimination of vectors by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging, larviciding, trapping or by any other recognized and legal vector control elimination methods approved by the local or state authority having such administrative authority.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
HARBORAGE
Any place where vectors can live, nest or seek shelter.
OCCUPANT
Any person over one (1) year of age living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit, except that in dwelling units a guest will not be considered an "occupant."
OWNER
Any person who, alone or jointly or severally with others:
A. 

Shall have legal title to any premises. dwelling or dwelling unit, with or without accompanying actual possession thereof; or

B. 

Shall have charge, care or control of any premises, dwelling or dwelling unit as owner or agent of the owner or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.

REFUSE
All solid wastes, except body wastes, and shall include garbage, ashes and rubbish.
RUBBISH
Includes glass, metal, paper, plant growth, wood or nonputrescible solid wastes.
VECTOR
A rodent, arthropod or insect capable of transmitting a disease or infection. "Vectors" shall include but not be limited to rats, mosquitoes, cockroaches, flies, ticks, etc.
VECTORPROOFING
A form of construction to prevent the ingress or egress of vectors to or from a given space or building or from gaining access to food, water or harborage. This term shall include but not be limited to ratproofing, flyproofing, mosquitoproofing, etc.

§ 250-3 Prohibited acts.

A. 

It shall be unlawful for any person, firm or corporation to deposit any refuse, offal, pomace, dead animals, decaying matter or organic substance of any kind in or upon any private lot, building. structure, accessory structure or premises or in or upon any street, avenue, alley, parkway, ravine, ditch or gutter or into any of the waters of the commonwealth so that the same shall or may afford food, harborage or breeding areas for rats, flies or other vectors.

B. 

It shall be unlawful for any person, firm or corporation to deposit or permit to accumulate in or upon any premises, improved or vacant, or on any open lot or alley any lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster or rubbish of any kind, unless the same may be kept in approved covered receptacles or placed on open racks that are elevated not less than eighteen (18) inches above the ground and evenly piled or stacked or disposed of as may be approved by the Department of Environmental Resources or its successor.

C. 

It shall be unlawful to maintain a junkyard or a place for the dumping or wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind or for the storing or leaving of dilapidated, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places may afford harborage or breeding areas for rats or other vectors.

D. 

It shall be unlawful to store refuse in containers other than those which shall be made of durable, watertight, rust-resistant material having a tight-fitting lid which must be kept on the container when in use. These containers must be kept clean by thorough rinsing and draining as often as necessary so as not to provide food or breeding areas for flies.

E. 

It shall be unlawful to dump, burn, bury, destroy or otherwise dispose of refuse except at an approved refuse disposal site.

F. 

It shall be unlawful to collect, haul, transport or convey garbage in open, unenclosed, nonleakproof vehicles.

G. 

It shall be unlawful to construct, maintain or use a sewerage system, privy, urinal, cesspool or other receptacle for human excrement so that vectors may have access to the excrementitious matter contained therein.

H. 

It shall be unlawful to permit weeds or similar vegetation more than six (6) inches high to remain standing in any vacant lot, yard or other place, except as may be approved by the borough.

I. 

It shall be unlawful to have, keep, maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as effectually to prevent such breeding.

§ 250-4 Responsibilities of owners and occupants.

A. 

Every owner of a dwelling containing two (2) or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

B. 

Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.

C. 

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects and/or rodents on the premises, and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonable insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination shall be the responsibility of the owner.

§ 250-5 Violations declared a nuisance.

Any violation of this chapter is declared to be a nuisance.

§ 250-6 Vectorproofing.

A. 

Any dwelling, building structure, accessory structure, premises or any other place may be required to be vectorproofed when found to be providing harborage or breeding areas for rats, flies, mosquitoes or any other vectors.

B. 

It shall be unlawful for the owner, occupant, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the vectorproofing from any building, structure or accessory structure for any purpose.

§ 250-7 Private vector control programs.

A program plan and specifications for private vector control programs may be required to be submitted to the borough as deemed necessary by the Vector Control Program Director. Said program plan shall be submitted by the owner or agent of the property on or in which said vector control program is or will be conducted. The program plan shall state the type of vectors to be controlled, the name of the company contracted to carry out the program and any and all work to be conducted in an effort to control said vectors. If, after review of the program plan by the Vector Control Program Director, it is found to be inadequate or incomplete, additional information may be required as well as additional control methods.

§ 250-8 Inspections, notices and abatement of vector problems.

A. 

From and after passage of this chapter, the borough and/or a representative of the vector control program is empowered to make inspections of the interior and exterior of all dwellings, buildings, structures and accessory structures, premises, collections of water or any other places to determine full compliance with this chapter and to determine evidence of vector infestation and the need for vectorproofing or additions or repairs to existing vectorproofing.

B. 

Whenever it shall be determined that any dwelling, building, structure, accessory structure, premises, collection of water or any other place is in violation of this chapter, a notice shall be issued setting forth the alleged violations and advising the owner, occupant, operator or agent that such violations must be corrected. The time for the correction of said violations must be given, as well as the necessary methods to be employed in the correction.

C. 

Whenever said violations shall fail to be corrected within the time set forth, and an extension of this time is not deemed to be necessary, the borough may proceed to abate said violations in the manner provided by law.

§ 250-9 Violations and penalties

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-1988 by Ord. No. 972, approved 7-11-1988]

Any person, firm or corporation who shall violate any provision(s) of this chapter shall, upon conviction before any District Justice, be sentenced to pay a fine not exceeding one thousand dollars ($1,000.), plus the cost of prosecution. Each day's violation shall constitute a separate offense. In default of the payment of such fine and costs, said person shall undergo imprisonment in the county jail for a period not to exceed thirty (30) days.