[HISTORY: Adopted by the Board of Supervisors
of the Township of Doylestown 6-22-1982 by Ord. No. 121. Amendments noted where
applicable.]
This chapter shall be known as the "Nuisance
Ordinance."
The purpose of this chapter is to promote the
health, safety and general welfare of the inhabitants of the Township.
Certain words and phrases used in this chapter
shall have the meanings ascribed as follows:
Any motor vehicle which has a defaced, changed or obliterated
serial number; or any motor vehicle which is parked or stored on a
public road or property not owned by the owner of the vehicle or which
is parked or stored on private property or a public road or property
without having a current license or a current inspection sticker.
[Added 6-5-2007 by Ord. No. 338]
CLASS 1 ATVA motorized off-highway vehicle which travels on three or more inflatable tires and has a maximum width of 50 inches and a maximum dry weight of 800 pounds or less.
CLASS 2 ATVA motorized off-highway vehicle which travels on three or more inflatable tires, has a maximum width which exceeds 50 inches or a dry weight which exceeds 800 pounds.
DIRT BIKEA small motorcycle designed and built with special tires and suspension for riding on unpaved roads and over rough terrain.
SNOWMOBILEAny motor-driven vehicle designed for travel primarily on snow or ice of the type that utilizes sled-type runners or skis, an endless belt, tread, or any combination of those or other similar means of contact with the surface upon which it is operated.
Includes all mammals, birds, fowl and reptiles normally or
ordinarily domesticated (including household pets such as dogs and
cats). Such term shall not include fish.
[Added 9-18-2001 by Ord. No. 304]
Any building which has deteriorated to the state where it
is dangerous and unsafe for human occupancy, constitutes a fire hazard,
endangers surrounding buildings, shelters rats or other vermin or
endangers the safety of children playing thereabouts.
Animal, vegetable and organic waste from the handling, preparation,
cooking and consumption of food.
Any mobile vehicle which has been stripped, damaged or is
in such a state of disrepair that it has no value except for junk
or salvage; or any vehicle without a current license or current inspection
sticker not stored within a garage.
Includes every person, corporation, partnership or association
that actually owns an animal, or who has an animal in his, her or
its care, or permits an animal to remain on or about any premises
occupied by him, her or it. The parent or guardian of any minor claiming
ownership of any animal shall also be deemed to be the owner of such
animal.
[Added 9-18-2001 by Ord. No. 304]
Any individual, partnership or corporation or unincorporated
association.
Includes both private and public property.
All types of material having only a junk or salvage value,
including but not limited to scrap metal, glass, industrial waste,
trailers, boats, furniture and parts thereof.
All waste and discarded materials having no value.
B.
The storage of junked vehicles, except within a closed
building, is hereby declared to be a nuisance and is prohibited.
C.
An abandoned vehicle is hereby declared to be a nuisance
and is prohibited.
D.
A dangerous structure is hereby declared to be a nuisance
and is prohibited.
E.
Any other use of property which causes injury, damage,
inconvenience, annoyance or discomfort to another in the legitimate
enjoyment of his rights of person or property is a nuisance and is
prohibited.
F.
It shall be unlawful for any person(s), corporation,
partnership or other entity, to harbor, care for, shelter or maintain
any animal in such a manner as to disturb or unduly annoy the public
through the animal's noise, barking, smell, mischief or other harmful
properties. All animal pens or other areas in which animals are kept
shall be maintained in a sanitary condition free of offensive, obnoxious
or foul odors.
[Added 9-18-2001 by Ord. No. 304]
G.
It shall be unlawful to own, possess, harbor, control
or keep any animal which makes noise repeatedly for a period of 15
minutes during the hours of 7:00 a.m. to 10:00 p.m. or repeatedly
for a period of five minutes during the hours of 10:00 p.m. to 7:00
a.m. regardless of whether the animal is physically situated in or
upon private property. Said noise shall constitute a nuisance; provided
that, at the time the animal is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal is legitimately situated, nor is there any other legitimate
cause which justifiably provoked the animal. The provisions of this
subsection do not apply to any animal boarding facility meeting all
of the following requirements:
[Added 9-18-2001 by Ord. No. 304; amended 1-16-2018 by Ord. No. 386]
(1)
Established
and operating prior to the enactment of this chapter;
(2)
Holding
a boarding kennel license from the Pennsylvania Department of Agriculture
as defined by and in accordance with Section 206 of the Pennsylvania
Dog Law (3 P.S. § 459-206); and
(3)
Operating
on a piece of property containing at least 20 acres and having a setback/buffer
space between outdoor kennel runs/exercise yards of the facility and
the property boundaries of at least 200 feet.
H.
No owner, custodian or keeper of any animal shall
allow or permit any such animal to deposit excrement (defecate) upon
any property not owned or leased by the owner, custodian or keeper
of such animal, without immediately picking up such excrement. This
provision shall not apply to horses being used for transportation
in the public streets within the Township.
[Added 9-18-2001 by Ord. No. 304]
J.
It shall be unlawful for any person(s), corporation,
partnership or any other entity to operate an ATV, dirt bike or snowmobile
for recreational purposes between the hours of 10:00 p.m. and 7:00
a.m., prevailing time, regardless of whether the operator is upon
the private property of the operator or on the private property of
some third person who has granted permission to the operator to be
operating the ATV, dirt bike, or snowmobile on his/her/its property.
[Added 6-5-2007 by Ord. No. 338]
K.
It shall be unlawful for any person(s), corporation,
partnership or any other entity to operate an ATV, dirt bike or snowmobile
within 50 feet of any adjoining property line, unless the operation
of the vehicle is specifically for the maintenance of said property.
[Added 6-5-2007 by Ord. No. 338]
L.
At no point shall the sound intensity produced by
an ATV, dirt bike, or snowmobile exceed 99 decibels, when measured
20 inches from the end of the tailpipe.
[Added 6-5-2007 by Ord. No. 338]
It shall be unlawful for any person or persons,
corporation, partnership or unincorporated association to cause, create
or maintain a nuisance within the limits of the Township of Doylestown,
Bucks County, Pennsylvania.
A.
The Township shall have the right and authority to
remove any nuisance on public or private property after 15 days' written
notice to the owner or occupant to remove such nuisance. Upon default
of the owner or occupant of such premises to abate such nuisances,
the Township may do so and collect the cost of the same from the owner
or occupant, together with a penalty of 10%, by any legal means, including
the filing of a municipal lien or by an action of assumpsit without
the filing of a municipal claim.
B.
In addition thereto, Doylestown Township shall have
the right to institute proceedings in equity in the Court of Common
Pleas to enforce the terms and provisions of this chapter.
[Amended 11-4-1991 by Ord. No.208]
Any person found guilty of violating any of the provisions of this chapter in a summary proceeding before a District Justice shall be punishable as provided in § 1-13 of Chapter 1, General Provisions. Each day that such violation is continued after notice shall constitute a new and separate offense, punishable by like fine, penalty or imprisonment; and further notices to the offender shall not be necessary in order to constitute such continuance as an additional offense or offenses.
The provisions of this chapter are in addition
to zoning, fire prevention, sanitary and building laws[1] and other ordinances or resolutions now enforced and applicable
in Doylestown Township.
