[HISTORY: Adopted by the Board of Supervisors
of the Township of Palmer 9-19-1966 as Ord. No. 80. Amendments noted
where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 50.
Building Code — See Ch. 55.
Dogs — See Ch. 67.
Peddlers and transient merchants — See Ch. 118.
Property maintenance — See Ch. 128.
Refuse disposal — See Ch. 138.
Subdivision and land development — See Ch. 165.
Vehicles and traffic — See Ch. 180.
Weeds, grass and visual obstructions — See Ch. 186.
Zoning — See Ch. 190.
This ordinance shall be known and may be cited
as the "Palmer Township Nuisance Ordinance."
The following words and phrases, when used in
this ordinance, shall have the meaning ascribed to them in this section,
except in those instances where the context clearly indicates a different
meaning:
Any act or furtherance of the taking or killing of any game
or wildlife, or any part or product thereof, and includes, but is
not limited to, chasing, tracking, calling, pursuing, lying in wait,
trapping, shooting at, including shooting at a game or wildlife facsimile,
or wounding with any weapon or implement, or using any personal property,
including dogs, or the property of others, of any nature, in furtherance
of any of these purposes, or aiding, abetting or conspiring with another
person in that purpose.
[Added 11-19-2007 by Ord. No. 2007-373]
Every natural "person," association, partnership or corporation.
Whenever used in any clause prescribing or imposing a fine, or penalty
of imprisonment in default thereof, the term, as applied to associations,
shall mean any member thereof; as applied to partnerships, shall mean
any partner thereof; and as applied to corporations, shall mean the
president, vice-president, treasurer or secretary thereof.
Palmer Township, Northampton County, Pennsylvania.
[Amended 5-3-1971 by Ord. No. 111; 5-1-1972 by Ord. No. 122]
It shall be unlawful for any person, either
directly or indirectly, whether through action, inaction, negligence
or through agents or otherwise, to do, authorize, aid or abet the
violation of any of the following described regulations or restrictions,
intended to promote general safety, health, comfort and convenience
of the township, and any person doing so shall be deemed guilty of
a nuisance.
A.
Injure or destroy any property, either owned by the
township or by other persons in or along any public highway or place
of the township.
C.
Knowingly make false reports to the township police.
D.
Cast, dump, deposit or throw any paper, boxes, cement,
waste, earth, bricks, stone, coal, wood, ashes, lime, shavings, rubbish,
sewage or any substance of any kind, except for the purpose of immediate
loading or removing on a public highway or sidewalk within the township.[2]
E.
Drive any wagon, cart, automobile or other vehicle,
to ride any bicycle or motorcycle, or to coast or sled-ride, upon
any sidewalk within the township, provided that this subsection shall
not be construed to prohibit the use of entrances from the public
highway to private property.[3]
F.
Throw, drop or place, or cause to be thrown, dropped
or placed, upon any of the public highways, sidewalks or public places
within the township, or upon any porch, step or yard of any house
or store along any of the public highways within the township any
posters, circulars, bills, handbills or other advertising matter of
any kind or description whatever.
G.
Throw, drop or place, or cause to be thrown, dropped
or placed, upon any of the highways, sidewalks or other public places
within the township, any paper, paper boxes or literature of like
kind or nature, or waste matter of any kind whatsoever.[4]
H.
Nail, tack, hang or otherwise append any sign, notice
or advertisement of any kind whatsoever on any tree, post or pole
of any description within the township, except on private property
and then only by permission of the owner.
I.
Drive or cause to be driven any car or wagon or motor
vehicle containing garbage, earth, rubbish or any materials of like
character through any public highway in the township, unless such
cart, wagon or motor vehicle has a good and sufficient tailboard and
body sufficiently tight and closed at the sides and bottom to prevent
the contents from dropping off the vehicle and a cover to eliminate
odors or prevent contents from blowing off the vehicle.[5]
J.
Ride horseback upon sidewalks or sidewalk areas, schoolgrounds
or recreation areas, or gallop, canter or trot a horse upon streets
in built-up areas, but may walk a horse only upon streets in the built-up
areas.
L.
Blow horns of motor vehicles where such hornblowing
is unnecessary and only serves to annoy residents.
M.
Use the public streets as a proving ground, amusement
thoroughfare or other objectionable practices by operators of motor
vehicles.
O.
Willfully make or cause to be made any loud, boisterous
or unseemly noise so as to disturb or annoy the peaceful residents
of the township at, near or upon any street, lane, alley, park, common,
or in any public building, public place or business place, or in any
means of public conveyance within the township, or who shall be drunk
or disorderly at, in or upon such places.[8]
P.
Act in such a manner as might tend to cause riot,
panic, violence or general disturbance.
Q.
Discharge any gun, pistol or other firearm, fireworks
or other explosive without authority.
S.
Lounge, loiter or loaf upon the street corners, curbs
or sidewalks, in front of or at the doors of any private residence,
store, shop or business place, in or about churches, hallways, alleyways,
entrances, exits or passageways of public buildings or theaters.
T.
Indecently expose his or her person, bathe naked in
the public view, or ease himself or herself in the public view.
U.
Use indecent, vile or profane language upon the public
streets or in public places.
W.
Construct, suffer or maintain any cellar, excavation,
fence, wall, mound, pile, sinkhole, ditch, building, structure or
part thereof in any unsafe, unsanitary or overcrowded manner, or to
fail to provide the same with adequate means of ingress, egress, or
to fail to sufficiently protect, remove, abate, ventilate, sewer,
drain, clean, light or support the same either by its own construction
or connection, and any person owning a property in question shall
be equally liable with any person occupying such property for a violation
of this subsection.
X.
Neglect or refuse to promptly regard and obey the
orders of any police officer in respect to the discharge of his duties
and in the enforcement of the township ordinances.
Y.
Congregate or assemble at, near or about a place where
a fire is in progress, or where the fire or police apparatus has been
summoned by an alarm or necessity and thereby hinder, delay or obstruct
any such apparatus, its men and equipment, or render dangerous by
such assembling the management or handling of such apparatus.
Z.
Post or distribute posters or literature on properties
or school facilities owned, rented or leased by the Easton Area School
District without authorization from proper school authorities.
AA.
Use or occupy properties or school facilities owned,
rented or leased by the Easton Area School District without authorization
from proper school authorities.
BB.
Maintain any building, lot or premises in such condition
that such building, lot or premises provides shelter or protection
for rodents, insects or other pest life or in such condition that
such building, lot or premises would be conducive to rodents, insects
or pest life.
CC.
Allow the accumulation of abandoned motor vehicles,
garbage, refuse or any material or thing which provides shelter, protection
or food for rodents, insects or other pest life or which would be
conducive to providing shelter, protection or food for rodents, insects
or other pest life.
DD.
Suffer, maintain or keep any building, lot or premises
which is infested with rodents, insects or other pest life.
EE.
Plow, cultivate, fill or maintain any field, ditch,
lot or stream in such a manner that endangers public roads or causes
undue erosion or loss of soil or subsoil through erosion, windstorm
or otherwise.
FF.
Fill or pollute any stream with soil, chemicals or
other matter or to fill or pollute the air with smoke, dust, fumes
or an offensive odor of any kind.
GG.
Operate any unlicensed minibike, motorcycle, snowmobile,
air-cushion vehicle or motor vehicle upon any private property, unopened
road or right-of-way without the permission of the owner or one of
the owners or persons entitled to use such property, unopened road
or right-of-way, or to operate any such vehicle upon any public sidewalk
or park.
HH.
Operate or park any unlicensed minibike, motorcycle,
snowmobile, air cushion vehicle or motor vehicle upon any public road
or public place, or to operate or park any licensed or unlicensed
minibike, motorcycle, snowmobile, air cushion vehicle or motor vehicle
without the permission of the real property owner upon any portion
of public real property or private real property of another which
is posted as prohibiting such operation, or which is grassed, covered
with growing things of value or not otherwise designed to reasonably
accommodate the type of vehicle in question.
[Added 4-9-1974 by Ord. No. 151]
II.
Commit any nuisance, common law or otherwise, or to
violate any township ordinance in any way which amounts to a nuisance.
[Added 4-9-1974 by Ord. No. 151]
JJ.
In the absence of a privilege, to point any deadly
weapon at another, or threaten another with the same.
[Added 4-9-1974 by Ord. No. 151]
KK.
In the absence of an emergency or a permit from Township
police, to land, operate or fire any aircraft, helicopter, gas or
air balloon, spacecraft, rocketship or parachute, or to throw or drop
any object from any of the foregoing upon any public property or private
property not expressly designed and approved for said purpose by federal
or state authorities.
[Added 4-9-1974 by Ord. No. 151]
LL.
Hold or organize any dance, concert or other public
gathering which is open to the public and which does or which can
reasonably be expected to attract or involve more than 250 persons
without first informing the Township police and obtaining a special
permit for the same, which permit may be conditioned upon the applicant's
providing and paying for the presence of one Township policeman for
each 250 persons present. This section shall not apply to indoor activities
of nonprofit places of religious worship or drive-in movie theaters.
[Added 4-9-1974 by Ord. No. 151]
MM.
After having been informed in essence at least once
that a noise or sound can be heard within a dwelling house or apartment
of another, to produce or continue to produce between the hours of
11:00 p.m. and 7:00 a.m. any unnecessary noise or to play any musical
instrument or radio, phonograph or television producing a sound during
such hours in such manner that the noise or sound can be heard within
the dwelling house or apartment of another; except with regard to
a Township-sponsored event, wherein the time for the production of
sound, noise or music is extended to 12:00 midnight. The maximum fine
for a violation of this subsection shall not exceed $600 and, in default
thereof, violators shall be committed to the Northampton County Prison
for a period not exceeding 30 days.
[Added 4-9-1974 by Ord. No. 151; amended 3-19-2001 by Ord. No. 2001-302; 7-23-2019 by Ord. No. 2019-454]
NN.
After having been informed in essence at least once
that a noise is offensive, to produce or continue to produce any unnecessary
noise which is offensive to a normal person. The maximum fine for
a violation of this subsection shall not exceed $600 and, in default
thereof, violators shall be committed to the Northampton County Prison
for a period not exceeding 30 days.
[Added 4-9-1974 by Ord. No. 151; amended 7-23-2019 by Ord. No.
2019-454]
OO.
Post or continue to post any sign at or visible from
a public place which violates the Township Zoning or Intersectional
Clearance Ordinances,[11] or which incorrectly states the zoning classification
of any area or tract or lot of ground.
[Added 4-9-1974 by Ord. No. 151]
PP.
After having been informed in essence at least once
to leave by the owner or owner's agents or Township police, either
orally or by posted signs, to remain on or refuse to leave any private
property, store or shopping center.
[Added 4-9-1974 by Ord. No. 151]
QQ.
Remain on or refuse to leave any public park during
any nighttime closing hours set and posted by the Board of Supervisors,
or to violate duly posted park rules. The maximum fine for a violation
of this subsection shall not exceed $600 and, in default thereof,
violators shall be committed to the Northampton County Prison for
a period not exceeding 30 days.
[Added 4-9-1974 by Ord. No. 151; amended 7-23-2019 by Ord. No.
2019-454]
RR.
Hunt on property owned by the Township.
[Added 11-19-2007 by Ord. No. 2007-373]
SS.
Throw, blow, shovel, plow, push, dump or by any other manner deposit
any snow, ice, slush or other form of frozen precipitation upon any
state highway, Township road, median, roadside shoulder and swale,
intersection sight triangle, inlet, public sidewalk, fire hydrant
or privately owned property without the permission from the property
owner. Exempted from these restrictions are state and municipal employees
and other individuals contracted by said state or municipal governmental
authorities expressly for the purpose of snow and ice removal and/or
plowing.
[Added 8-26-2014 by Ord. No. 2014-435]
All ordinances, specifically Ordinance No. 4,
or parts of ordinances inconsistent herewith be and the same are hereby
repealed.
[Amended 10-25-1988 by Ord. No. 227; 11-19-2007 by Ord. No. 2007-373]
Any person or persons charged with the violation
of any of the provisions of this ordinance, or the commission of any
of the acts herein defined to be nuisances, upon conviction thereof
before a District Justice, shall pay a fine not to exceed $600 and,
in default thereof, be committed to the Northampton County Prison
for a period not exceeding 30 days.
The provisions of this ordinance are severable;
and if any part hereof shall be held to be unconstitutional or otherwise
invalid by any court, such decision shall not affect or impair any
of the remaining provisions of the ordinance. It is declared to be
the intent of the Board of Supervisors that this ordinance would have
been adopted even if such invalid provision had not been included
therein.
This ordinance shall become effective five days
after enactment hereof.
[Added 5-1-1972 by Ord. No. 122; amended 10-25-1988 by Ord. No. 227]
