[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
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 maintenance of any dangerous structure, including
buildings or parts of buildings in a state of dilapidation or disrepair.
E.
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:
|
Street
|
Location
|
|---|---|
|
Cloverleaf Road
[Added 4-16-2012 by Ord. No. 277-2012] |
1,600 feet west of Milton Grove Road to 2,400 feet east of Milton
Grove Road
|
|
Cloverleaf Road
[Added 4-16-2012 by Ord. No. 277-2012] |
PA Route 283 to 1,320 feet east of Greentree Road
|
|
Route 230
[Added 4-16-2012 by Ord. No. 277-2012] |
Jonlyn Drive to Sheaffer Road
|
|
Route 230
[Repealed 4-16-2012 by Ord. No. 277-2012] | |
|
Snyder Road (SR 4017)
[Added 4-19-2021 by Ord. No. 328-2021] |
Harrisburg Pike (SR 0230) northward to the northern boundary
of 299 Snyder Road (between Segment 070 Offset 0175 and Segment 080
Offset 0225)
|
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.
