[Adopted 12-17-1981 by Ord. No. 366 (Ch.
10, Part 2, of the 1994 Code)]
[Amended 7-12-1988 by Ord. No. 366A]
As used in this article, the following terms
shall have the meanings indicated:
A room or group of rooms located within a building and forming
a single habitable unit with facilities which are used for or intended
to be used for living, sleeping, cooking and eating.
A building designed for and occupied exclusively as a residence
for two or more families, living independently of one another, or
a single family residence or dwelling converted into two or more living
units.
A building or structure which is wholly or partly used or
intended to be used for living or sleeping by human occupants.
Any group of rooms located within a building which is intended
to be or is used for human habitation.
As soon as it is deposited on the sidewalks or streets.
Are synonymous with terms as defined herein and mean garbage,
trash, rubbish, street cleaning, paper, wrappings, cigarettes, cardboard,
cans, bottles, yard clippings, leaves, wood, metal, packing boxes,
nails, glass, bedding, crockery, vehicles not in operating condition,
tree limbs, and any and all other waste material which is thrown or
deposited and which creates any danger to the public health, safety
or welfare.
All forms of earth or soil whether it be sticky, wet, or
dry or any substance of a similar nature.
Any person living in a dwelling, apartment, hotel, or other
rooming unit.
Any person, whether it be individual, partnership, corporation,
or any other entity, who alone, jointly, or severally, with others
holds legal or equitable title to any dwelling, apartment, hotel,
restaurant, any building, any motor vehicles or any ground or land.
Any individual, partnership, corporation or any other entity.
Any private lot or area within the Township limits where
it can be improved in any manner whatsoever, or whether it be vacant.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and all public parks, squares, spaces, grounds, and public
rights-of-way.
Metal containers, trash cans, or enclosed bins protected
from the weather. Such bins may be constructed of brick, stone, concrete,
cement block, metal, or any other similar matter, or materials which
are enclosed and tightly built.
Any building which is used primarily or completely for the
purpose of serving food or beverages to the public.
The Township of Hatfield, Montgomery County, Pennsylvania.
Every device in, upon or by which any person or property
is or may be transported or drawn upon streets or highways within
the Township of Hatfield.
[Amended 7-12-1988 by Ord. No. 366A]
All owners or persons within the Township of Hatfield shall operate any motor vehicle, which shall include the operation of any motor vehicle in the conduct of a business but shall not be limited to the same, in such a manner so that they do not permit mud, debris, or litter to accumulate on the sidewalks or streets of the Township. If any owner or person permits mud, debris, or litter to so accumulate, said owner or person shall immediately remove the mud, debris, or litter from the sidewalks(s) and/or street(s). Any such owner or person violating this section shall be subject to the penalties set forth in § 238-10 of this article.
No owner or person in the building or construction business, or suppliers thereto, engaged in any building project in or about or near Hatfield Township or directly driving or responsible for moving any vehicle upon roads within the Township limits shall drive or permit the movement of such vehicles unless said vehicles are so constructed or loaded as to prevent any load, content, mud, litter, or other debris from being blown or deposited upon any roadway, alley, or other public place or permit the wheels or tires of such vehicles to carry onto or deposit on any roadway, alley, or other place, mud, dirt, sticky substances, litter, or foreign material of any kind. Any owner or person found violating the provisions of this section of this article shall be subject to the penalties set forth in § 238-10 of this article.
A.
All persons who are record owners, agents in charge,
or tenants or occupiers, excepting tenants or occupiers of multifamily
dwellings within the Township limits hereinafter shall not permit
the throwing, depositing, accumulation or existence of debris which
is any danger to the public health, safety and welfare upon said premises.
B.
The Township Engineer or any other Township employee
or Township representative designated by the Commissioners of Hatfield
Township is hereby authorized and empowered to notify the owner, agent
in charge, tenant or occupier of any premises within the Township
limits to remove and properly dispose of any litter and debris located
on such premises which is any danger to the public health, safety
and welfare. Such notice shall be given by certified mail addressed
to the person at his last known address or by personal service on
the individual, or by posting on the property.
C.
Upon failure, neglect, or refusal of any owner, agent in charge, tenant or occupier so notified to properly dispose of the said litter and debris within five working days of the date of the said notice, which applies only to § 238-4 of this article, the issuing party is hereby authorized and empowered to commence prosecution of said violator or violators as prescribed by law.
A.
No owner or person shall store or continue to store
offal, scrap metal, scrap metal parts, and similar substances, rubbish,
scrap paper, old newspapers, sweepings, manure filth, junk, old tires,
or scrapped vehicles or any other similar material or matter, materials
or property in a manner which is any danger to the public health,
safety or welfare of the Township or its residents.
B.
No such property or materials mentioned above shall
in any event be stored in the open, but shall be stored either in
fully enclosed bins protected from the weather, which bins are to
be constructed within and enclosed by a tightly built solid fence
or wall constructed of brick, stone, concrete, cement block, wood
or other similar matter or materials which shall be of a minimum height
of six feet.
C.
No such property or materials shall be stored or placed in any manner which interferes with the free use of any street or alley in the Township of Hatfield or contrary to the provisions of this article. No owner or person shall place or discard any litter, junk, trash, or debris as herein defined on any private or public property in Hatfield Township except as permitted under this article. Any owner or person violating the provisions of this section of this article shall be subject to the penalties set forth in § 238-10 of this article.
[Amended 9-12-1989 by Ord. No. 366B; 5-12-1994 by Ord. No.
366C]
A.
Unlawful acts. No owner or person shall cause, allow,
permit or maintain outdoor burning, except as otherwise provided herein,
of:
(1)
Garbage, litter, junk and debris.
(2)
Household, business or industrial trash or similar
waste products of any kind or nature.
(3)
Leaves, brush, grass and similar organic matter.
(4)
Any and all construction and/or demolition debris,
including that resulting from land clearing for development on a street,
creek bed or right-of-way in the Township of Hatfield, or on a public
or private property, whether in connection with any building operation
in an open dump or otherwise, except as otherwise permitted by this
article.
(5)
Recyclable
materials.
[Added 9-29-2010 by Ord. No. 610]
C.
Variance.
(1)
The Fire Marshal shall have the authority to grant
a variance from the provisions of this article for reasons including,
but not limited to, the following:
(a)
To prevent or abate a fire hazard.
(b)
For the purposes of instructing personnel in
fire-fighting techniques and exhibitions.
(c)
For prevention and control of disease and pests.
(d)
For fires set solely for recreational and ceremonial
purposes, provided that permits for such a fire shall be limited to
four four-hour permits per twelve-month period.
[Amended 10-27-2010 by Ord. No. 612]
(e)
Campfires used for cooking food for human consumption,
provided that a permit for such a fire shall be limited to one four-hour
permit per twelve-month period.[2]
[Amended 10-27-2010 by Ord. No. 612]
[2]
Editor's Note: Former Subsection C(1)(f), concerning recreational
bonfires, which immediately followed this subsection, was repealed
10-27-2010 by Ord. No. 612.
(2)
Requests for variances shall be made in writing to
the Hatfield Township Fire Marshal on forms provided by the Township.
D.
Agricultural. Burning shall be permitted in connection
with the production of agricultural commodities in their unmanufactured
state on the premises of a farm operation in accordance with the provisions
of Subsection B(7) of this section.
E.
Commercially
manufactured fire pits, chimineas, open-flame cooking appliances and
similar devices, as well as outdoor fireplaces, may be used only pursuant
to the following conditions:
[Added 10-27-2010 by Ord. No. 612]
(2)
Such
use shall not, in the opinion of the Fire Marshal, a police officer
or their duly authorized representatives, pose a health or safety
risk to persons or property.
(3)
Such
use shall be used in strict accordance with manufacturers' instructions
and recommendations.
(4)
Such
use may be used year round.
F.
Prohibitions.
[Added 10-27-2010 by Ord. No. 612]
(1)
No
burning shall be permitted during periods of high winds, drought or
weather inversion (i.e., hazardous air quality conditions) or any
other condition deemed hazardous by a Fire Marshal, a police officer
or their duly authorized representatives. In such instances, any of
the above personnel shall have the authority to order the fire extinguished.
(2)
The
use of gasoline, kerosene or other flammable or combustible liquids
to start a fire is prohibited.
It shall be unlawful for any owner, person or
occupant of a dwelling house, apartment, hotel, motel, restaurant,
or any other building where trash, rubbish, or any other similar substance
is accumulated to permit to accumulate any trash or rubbish or similar
substance or to fail to provide a sufficient number of receptacles
to contain all of the said trash, rubbish, or similar substance which
may accumulate on the premises during the interval between the collection
therefrom. The receptacles shall be kept tight at all times in a sanitary
condition and in good repair, and each receptacle shall have tight-fitting
cover or lid which shall be kept on the receptacle at all times. No
receptacle shall be placed or stored in any manner which interferes
with the free use of any street or alley in Hatfield Township.
No owner or person shall place in any of the streets, creeks, watercourse or storm sewer inlets of Hatfield Township any excrement, filth, garbage, ashes, refuse, waste paper, rubbish, animal carcasses, empty boxes, containers, chemicals, petroleum products or foreign liquid substances or any abandoned matter of any kind or nature. Nothing in this article shall prohibit any person from the setting out of trash or garbage for collection by an authorized trash or garbage collector. Any owner, person or individual violating the provisions of this section of this article shall be subject to penalties set forth in § 238-10 of this article.
[Amended 9-28-1994 by Ord. No. 420]
If the owner does not comply with the notice
to abate the conditions, within the time limit prescribed, the Township
shall have the authority to take measures to correct the conditions
and collect the cost of such corrections plus 10% of all costs. The
Township, in such event and pursuant to its statutory or otherwise
authorized police powers, shall have the right and power to enter
upon the offending premises to accomplish the foregoing.
[Amended 9-28-1994 by Ord. No. 420]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $1,000, and costs, and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that violation of this article continues shall constitute
a separate offense.
