[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy as indicated in article histories. Amendments noted where applicable.]
Outdoor burning — See Ch. 60.
[Adopted 6-14-1979 by Ord. No. XLVI]
As used in this article, the following terms shall have the meanings indicated:
- Includes 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.
No person shall continue, maintain, establish or carry on any of the following prohibited acts or activities on any public or private property in the Township of Mount Joy, Lancaster County, Pennsylvania (the "Township"), if the same are determined to be and constitute nuisances in fact:
The storage, accumulation or depositing of any abandoned or junked vehicles or parts thereof.
The storage, accumulation or depositing of any abandoned or used building materials of any kind.
The storage, accumulation or depositing of garbage, ashes, rubbish or other refuse matters.
The maintenance of any dangerous structure, including buildings or parts of buildings in a state of dilapidation or disrepair.
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.
[Amended 12-18-1995 by Ord. No. CXLIV]
The Secretary of the Township shall serve written notice, either personally or by certified or first-class mail, on any person violating the provisions of this article 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, Subchapter B of Chapter 5 and Subchapter B of Chapter 7 (2 Pa. C.S.A. § 551 et seq. and § 751 et seq.), the Board of Supervisors of the Township 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 an action of assumpsit without the filing of a claim. The Board of Supervisors may also institute proceedings in equity to enjoin violations of this article.
[Amended 12-18-1995 by Ord. No. CXLIV]
Any person who or which shall violate any of the provisions of this article shall, upon conviction thereof by summary proceeding before any District Justice having jurisdiction, be sentenced to pay a fine of not more than $600, plus costs of prosecution. If a defendant, sentenced to pay a fine or costs after a finding of guilt in a summary case, defaults in such payments, the defendant may be sentenced and committed to the Lancaster County Prison for a period not exceeding 30 days. Such fine and costs shall be in addition to the remedies provided in § 88-3 of this article and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this article shall be paid to the Treasurer of the Township for the general use of the Township.
[Adopted 4-20-1998 by Ord. No. CLII]
This article shall be known and may be cited as the "Mount Joy Township Engine Brake Ordinance."
The Board of Supervisors of the Township of Mount Joy, Lancaster County, Pennsylvania, finds, as a fact, that the operation of an engine brake on a gasoline powered or diesel powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of said engine brake adversely affects the public health, safety and welfare of the residents of Mount Joy Township and, therefore, is a nuisance in fact.
No gasoline powered or diesel powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Township of Mount Joy listed below utilizing, in said operation, an engine brake, without exhaust mufflers, permitting excessive noise to be created by said motor vehicles using the engine brake. The streets subject to this prohibition shall be as follows:
This article shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Mount Joy Township, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation.
For each violation of the provisions of this article, any person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $100 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article, and each section of this article which is violated shall be considered a separate violation. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.