[HISTORY: Adopted by the Board of Supervisors
of the Township of Elizabeth 7-14-2008 by Ord. No. 2008-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 61.
Junkyards and junk dealers — See Ch. 99.
Zoning — See Ch. 185.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 115, Nuisances, adopted 6-7-1974 by Ord.
No. 1974-2, as amended.
This chapter shall be known and may be cited
as the "Elizabeth Township Nuisance Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The person appointed by the Township Board of Supervisors
to enforce this chapter.
An inconvenience or troublesome offense that annoys the whole
community in general, and not merely some particular person, and produces
no greater injury to one person than to another; an act that is against
the well-being of the community.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or fine, the term "person" shall include the
members of an association, partnership or firm and the officers of
any public or private corporation for profit or not for profit.
Elizabeth Township, Lancaster County, Pennsylvania.
Any Canadian or Russian thistle, chickory, burdock, nettle,
poison ivy, sumac, goldenrod, wild lettuce, wild mustards, wild parsley,
ragweed, milkweed or any noxious weed as defined by the Noxious Weed
Control Law[1] or any other plant or vegetation whatsoever, not edible
or planted for an ornamental or agricultural purpose.
[1]
Editor's Note: See 3 P.S. § 255.1
et seq.
No person shall continue, maintain, cause, permit,
establish or carry on any of the following prohibited acts or activities
on any public or private property in the Township, if the same are
determined to be and constitute nuisances in fact:
A.
The storage, accumulation or depositing of any abandoned
or junked vehicles or parts thereof.
B.
The storage, accumulation or depositing of any abandoned
or used building materials of any kind.
C.
The storage, accumulation or depositing of garbage,
ashes, rubbish or other refuse matters.
D.
The storage, accumulation or depositing of any upholstered
furniture manufactured primarily for indoor use, including mattresses,
outside of a fully enclosed building. This shall include the storage,
accumulation or depositing of any upholstered furniture manufactured
primarily for indoor use, including mattresses, on an unenclosed porch.
E.
The maintenance of any dangerous structure, including
buildings or parts of buildings in a state of dilapidation or disrepair.
F.
The growth of grass or weeds in excess of 12 inches
in height.
G.
The filling up or stopping of any Township swale or
drainage ditch.
H.
Any use of land or a structure which is unreasonable
or unlawful and causes injury, damage or substantial discomfort to
the residents of the Township in the legitimate enjoyment of their
reasonable rights.
The Code Enforcement Officer of the Township shall serve written notice, either personally or by certified or first-class mail, on any person violating the provisions of § 115-3 of this chapter to remove any nuisance or dangerous structure on public or private property. Upon the failure of said person to comply with such notice within 15 days after receipt thereof or to request a hearing within such time before the Board of Supervisors pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq., the Board of Supervisors may remove or arrange for the removal of the nuisance or dangerous structure and collect the cost of such removal, together with a penalty of 25% of the cost of the removal, from the person failing to comply with such notice by summary proceedings or in the manner provided for the collection of municipal claims or by a civil action without the filing of a municipal claim.
It shall be unlawful for any owner, handler,
custodian or keeper to keep or harbor any dog or any other animal
maintained as a pet which continuously and habitually barks, howls,
yelps, cries or otherwise makes noise in such a manner as to materially
disturb or annoy persons in the surrounding neighborhood, and such
dogs or other animals maintained as pets exhibiting the aforementioned
behavior are hereby declared to be a public nuisance.
A.
Whenever a person shall complain to the Code Enforcement
Officer that a dog or any other animal maintained as a pet which continuously
and habitually barks, howls, yelps, cries or otherwise makes disturbing
noise is being kept by a person in the Township, the Code Enforcement
Officer shall notify the owner, handler, custodian or keeper of such
dog or other animal that a complaint has been received and that the
person should take necessary action to alleviate in a humane manner
the barking, howling, yelping or crying.
B.
If the warning given pursuant to Subsection A above to the person alleged to be keeping said noisome dog or other animal is ineffective, then a verified complaint of at least two citizens not from the same family may be presented to the Code Enforcement Officer alleging that the dog or other animal which continuously and habitually barks, howls, yelps, or cries is being kept by the person first complained about. If said complaint is found to be true, the Code Enforcement Officer shall inform the owner, handler, custodian or keeper of said dog or other animal that said petition has been received and shall prosecute that person for a violation of this section.
C.
For the purposes of this section, "habitually" is
hereby defined to mean continuously for 30 minutes in a twenty-four-hour
period, and "continuously" is hereby defined to mean uninterrupted,
unbroken and persistent or so persistently repeated at short intervals
as to constitute virtually an unbroken series.
D.
Exceptions to said public noise nuisance:
(1)
Should the dog or other domestic animal making such
noise be in response to a trespasser or individual threatening to
trespass the property or the animal is being provoked.
(2)
Should said dog (i.e., herding dog) or other domestic
animal be part of an agricultural operation which has received zoning
approval.
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceeding before any District Justice having jurisdiction, be sentenced to pay a fine of not less than $50 nor more than $1,000, plus costs of prosecution. Such fine and costs shall be in addition to the remedies provided in § 115-4 of this chapter and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this chapter shall be paid to the Treasurer of the Township for the general use of the Township. The Board of Supervisors may also institute proceedings in equity to enjoin violations of this chapter.
