Township of Lower Providence, PA Chapter 104 Nuisances

[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence 4-28-1983 by Ord. No. 296. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 64.

Garbage, rubbish and refuse — See Ch. 93.

Littering — See Ch. 102.

Noise — See Ch. 103.

Parks — See Ch. 106.

§ 104-1 Definitions.

For purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings indicated:

NUISANCE

That which is set up, maintained or continued so as to be injurious to health, or which is an obstruction to the use of property by interfering with the health, safety, comfort or repose of the public.

PERSON

Any individual, partnership, association or corporation, as well as all officers, agents, servants, employees or others acting for any of the same, and shall be taken as applying in the singular or plural, as the case may require.

§ 104-2 Nuisances prohibited.

Any person who creates, continues or maintains any public nuisance within the township shall be deemed guilty of a violation of this chapter and shall be liable for the expense and abatement and remedy thereof, as well as such fines and penalties as may be imposed.

§ 104-3 Prohibited acts.

Without in any manner intending to limit or restrict the generality of the above definition of, and prohibition against, a nuisance, the following are hereby declared to constitute a nuisance:

A. Dumping. It shall be unlawful to throw, deposit or dump any paper, trash, rubbish, ashes, junk, waste or discarded materials of any kind on any street, highway or any public place or on any private property within the limit of the Township of Lower Providence.

B. Lot maintenance. It shall be unlawful for any owner or occupant upon any property within the Township of Lower Providence to permit or suffer the accumulation thereon of any water that stagnates, paper, trash, rubbish, ashes, junk, waste or discarded materials of any kind.

C. Manufacturing. It shall be unlawful to carry on or maintain any offensive manufacture or business anywhere within the Township of Lower Providence that creates a condition which endangers the health, safety, comfort or repose of the public (or citizens of Lower Providence Township).

D. Noise. It shall be unlawful for any person to make, continue or cause to be made or continued upon any premises owned, occupied or controlled by the person, or upon any public street, alley or thoroughfare in Lower Providence Township, any loud, unnecessary or unusual noise or any noise which endangers the health, safety, comfort or repose of the public.

E. Odors. It shall be unlawful for any person to make, continue, allow or cause to be made, continued or allowed upon any premises owned, occupied or controlled by the person, or upon any public street, alley or thoroughfare in Lower Providence Township, any offensive or obnoxious odors, including fumes, smoke and animal odors, which endanger the health, safety, comfort or repose of the public.

§ 104-4 Notice and warning.

A. The violation of any of the foregoing sections shall be deemed to be and constitute a nuisance.

B. Whenever it is found that any person maintains such nuisance or nuisances, as prohibited in § 104-3A, B and C of this chapter, within the township, the Board of Supervisors of the township by its employees or agents shall serve notice upon the person maintaining such nuisance. The notice shall sufficiently describe the condition complained of and shall require the nuisance to be made safe, corrected or to be removed within 10 days of the mailing of the notice.

C. Whenever it is found that any person maintains such nuisance or nuisances as prohibited in § 104-3D and E of this chapter within the township, the police of the township shall first issue a warning, oral or written, to the person maintaining such nuisance. The warning shall consist of a description of the condition complained of and shall require the nuisance to be corrected or abated immediately. The warning carries no penalty in itself. In the event that the nuisance has not been corrected or abated, resulting in the necessity of the police returning to the scene of the nuisance within a twenty-four-hour period from the issuance of the warning, then, at that time, the police shall issue a citation to the offending person. The citation is evidence of a violation of this chapter and subjects the offending person to the provisions of § 104-6 of this chapter.

§ 104-5 Abatement by township.

In the event that such person should fail, neglect or refuse to make such conditions safe or to correct or remove such conditions to the satisfaction of the Board of Supervisors, its employees or agents, then the Board of Supervisors may abate or cause to be abated said nuisance, and the expense of such abatement shall be paid by the responsible person.

§ 104-6 Violations and penalties.

Any person failing to comply with any of the provisions of this chapter shall be liable for each such offense, upon conviction before any District Justice within the magisterial district within which the Township of Lower Providence is a part, and shall be fined not more than $300, together with the costs of prosecution, or to imprisonment for a period not exceeding 30 days, or both, and each day's failure to comply with any such provisions shall constitute a separate violation.