As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
ABANDONED
Any item resting for 96 hours or more and which is inoperable,
including vehicles without current registration plates or certificate
of inspection, or in such a condition as to be unusable.
APPLIANCE
A stove, refrigerator, television set, furnace, water heater,
water softener, washer, dryer or mangle, any household article used
to perform any of the necessary work in a household, and any article
used in business to increase production or to speed, ease or eliminate
work.
BOAT
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
BRAKE RETARDER
The term shall include the Pennsylvania Department of Transportation
definition set forth in 67 Pa. Code § 179.1, as amended,
and any mechanical device which is designed to supplement a vehicle's
service brakes by producing a retarding torque about one of the rotating
components in a vehicle, converting kinetic energy to heat and thereby
retarding the forward motion of the vehicle, and commonly referred
to as "Jake brakes," "Jacob's brakes," "engine brakes," or "compression
brakes."
[Added 7-13-2016 by Ord.
No. 994]
DISCARDED
Any item resting for 96 hours or more with no known or apparent
owner.
JUNKED
Items sold or to be sold for scrap, being stripped or being
used or sold for parts.
LESSEE
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
NUISANCE
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Borough of Emsworth.
OWNER
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
PERSON
A natural person, firm, partnership, company, association,
corporation, or other legal entity. The singular shall include the
plural, the plural shall include the singular; and the masculine shall
include the feminine and the neuter, whatever appropriate.
TRAILER
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
VEHICLE
An automobile, motorcycle, motorbike, minibike, bicycle,
go-cart, truck or other wheeled means of conveyance, motorized or
self-propelled.
No person shall damage, injure, break or destroy
any streetlight or streetlight fixture or any personal property owned
or leased by the Borough of Emsworth within the municipal limits of
the Borough of Emsworth.
No owner of any parcel of ground located within
the Borough of Emsworth shall permit any excavation or hole with a
minimum diameter of two feet and a depth of two feet to remain opened
without placing suitable barriers around such hole or excavation and
suitable warnings to the public around such hole or excavation.
No person being the owner of any real estate
within the limits of the Borough of Emsworth shall permit the growth
of any weeds or grass thereon to a height in excess of 12 inches.
Within 48 hours after notice of a violation of this section, the Borough
of Emsworth may enter upon the property and cause the weeds or grass
to be cut, charging the property owner for the costs of such cutting
in addition to any fine or costs imposed by this section. Every 48
hours that this section shall be violated after the issuance of the
first citation shall constitute a new and separate offense.
No person shall paint any word, symbol, sign,
trademark, initial or inscription whatsoever on or upon any property,
public or private, located within the Borough of Emsworth without
first having obtained the permission of the owner of such property.
In the event that an alarm within a vehicle
or building shall be triggered falsely more than three times within
any thirty-day period, the owner of the vehicle or building shall
be subject to the penalties as set forth in this chapter.
No person or persons, partnership, corporation
or firm shall toss, throw, drop, deposit or leave any trash, refuse,
garbage, debris or other waste material of any kind upon any property,
public or private, within the Borough of Emsworth.
No person shall discharge leaves, weeds, tree
limbs, grass and the like into the street.
It shall be unlawful for any person to create
or maintain any condition upon their property which could directly
or indirectly cause a nuisance or health hazard to residents of the
Borough of Emsworth. Specifically, the unsheltered storage or maintenance
of unused, stripped, damaged and generally unusable machinery or equipment,
or materials, shall be considered a nuisance and/or health hazard
if any of the following conditions exist:
A. Broken glass or metal parts with sharp or protruding
edges.
B. Openings or areas which are conductive to the harboring
and growth of vermin.
C. Storage in any manner which would allow the equipment,
machinery, material or any parts thereof to easily shift, tilt, or
fall from their original storage position.
D. Contains any liquid or material of a hazardous or
potentially hazardous nature, including, but not limited to, gasoline,
oil, battery acids, refrigeration agents, and poisons.
E. Any other condition which, in the opinion of the inspecting
official, shall be deemed to be a health hazard, potential health
hazard or nuisance.
The following accumulation of articles shall
be unlawful in the Borough of Emsworth:
A. The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which creates a hazard and danger to the health and welfare of people
of the Borough.
B. The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which provides a breeding area for rodents and other unhealthful animals.
C. The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which creates an attractive nuisance for children who are not aware
of the danger involved in them.
D. The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which violates all concepts of ecological and environmental principles.
E. It is further declared unlawful to store, accumulate
or keep openly on any property within the limits of Emsworth Borough
any scrap material of any kind, any old scrapped or used appliances,
fixtures, automobile parts, machinery and machinery parts or other
similar material or any other form of discarded or unused or unusable
materials (including building materials) which by their appearance
are unsightly.
In order to promote the health, welfare and
safety of the general public; and for the general welfare of the community;
and in accordance with the police powers of the community; and except
as set forth in the Borough Zoning Ordinance, it is hereby declared unlawful to store, accumulate or
keep openly on any residential, commercial or industrial property
within the limits of the Borough of Emsworth or upon any private street,
public street or driveway therefor any motor vehicle, whether an automobile
or a truck or any trailer which is not licensed or which has been
discarded or junked or which has any body parts removed or any vehicle
in such a condition which would render the vehicle inoperable for
highway use, or a vehicle which has an expired state inspection sticker,
or for which the title of the vehicle has been returned to the Bureau
of Motor Vehicles, Harrisburg, Pennsylvania, in accordance with the
provisions of the Motor Vehicle Code, or which by its appearance is unsightly and not in a repairable
condition.
No person shall allow a vehicle to stand idle
with the motor running for more than 10 minutes. Odors and fumes from
motor vehicles shall not be permitted to affect the quiet enjoyment
of adjoining residents. No vapors, malodorous gas or matter shall
be permitted which is discernible on any adjoining property.
If the owner of grounds on which machinery,
equipment, and/or materials are stored does not comply with the notice
to abate the conditions, within the time limit prescribed, the Borough
of Emsworth shall have the authority to take measures to correct the
conditions and collect the cost of such corrections plus 10% of all
costs. The Borough of Emsworth, in such event and pursuant to its
statutory or otherwise authorized police powers, shall have the right
and power to enter upon the offending premises to accomplish the foregoing.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof by any District Justice
or other court of competent jurisdiction, be sentenced to pay a fine
of not more than $600 for each offense, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
The remedies provided herein for the enforcement
of this chapter, or any remedy provided by law, shall not be deemed
mutually exclusive; rather they may be employed simultaneously or
consecutively, at the option of the Borough of Emsworth.