[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 6-10-1985 as Art. 721 of the 1985 Code
of Ordinances. Amendments noted where applicable.]
No person shall permit any pool or body of water
that has or may become stagnant to remain on the premises owned or
occupied by him.
[Amended 12-10-1990 by Ord. No. 90-11]
Any pond or body of water which is not classified
as a swimming pool nor is covered by DEP regulations shall be considered
as a pond, the design of which shall consider both child and pedestrian
safety. Ponds with side slopes steeper than three to one shall be
fenced except that ponds with water depths of 24 inches or less, as
determined between the drain elevation and the overflow elevation,
shall not require fencing. The fencing shall be a minimum of four
feet high with no openings greater than six inches and shall have
a locked gate.[1]
No person shall run, cast or deposit, either
by means of a drain or otherwise, on any street, alley, public or
private ground, any kitchen food debris, wash water, soap suds, grass
clippings or any other nauseous or offensive liquid or substance.
No person shall maintain or permit to be maintained
on any property within the Township any condition productive of a
nuisance detrimental to the public health. This may include such items
as dust, dirt, manure, debris, weeds or other noxious material.
It shall be the duty of the Township Manager
or his agent or agents, upon complaint of citizens and property owners
or otherwise, to investigate an alleged nuisance and if a nuisance
exists, to abate any nuisance detrimental to the public health after
giving a five-day notice, in writing, to the owner or occupier of
the premises.
If 10 days after conviction of a violation of
any provision of this chapter any prohibited situations still exist,
then the Township or its representatives shall enter upon the premises
and correct the situation. The cost of this abatement, together with
a 10% penalty shall be collected by the filing of a municipal lien.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day that such violation exists shall constitute a separate offense,
and each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this chapter in equity in the
Court of Common Pleas of Cumberland County.
