[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township as Title 5, Ch. 7, of the 1977 Code. Amendments noted where applicable.]
Solid waste — See Ch. 279.
Use and maintenance of streets and sidewalks — See Ch. 290.
Editor's Note: This chapter was adopted 4-14-1941 by Ord. No. 100 and amended 4-14-1959 by Ord. No. 387; 11-14-1961 by Ord. No. 455; 6-7-1966 by Ord. No. 580; 9-13-1966 by Ord. No. 591; 9-6-1988 by Ord. No. 1165; 3-2-1992 by Ord. No. 1275; and 7-10-2000 by Ord. No. 1416.
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual, partnership, association or corporation, as well as all officers, agents, servants, employees or others acting for any of the same, and shall be taken as applying in the singular or plural, as the case may require.
- PUBLIC OR COMMON NUISANCE
- That which is set up, maintained or continued so as to be an obstruction to the use of property by interfering with the repose, health, safety or life of the public.
Any person who creates, continues or maintains any public or common nuisance within the Township of Upper Moreland shall be deemed guilty of a violation of this chapter and shall be liable for the expense and abatement and remedy thereof, as well as such fines and penalties as may be imposed.
It is hereby declared to be a public nuisance, in that the same is injurious to public health, for any owner or occupier of land, improved or unimproved, in the Township to suffer or permit thereon the accumulation of water that stagnates, waste matter or rubbish or, except on farmland actively used as such, the growth of weeds or grass to a height in excess of 12 inches, which public nuisance is hereby prohibited.
Builders or land developers must remove all tree trunks, stumps, limbs and brush from land under development and level all ground so same will not retain pools of water. Where roads, streets, highways or sidewalks are installed, developers must keep the roads, streets, highways and sidewalks free from mud and other debris at all times and keep grass cut in sidewalk areas.
Occupied properties must be kept free of cans, garbage, bottles or other trash and rubbish.
Refuse receptacles shall not be placed at the curb for collection more than 12 hours before disposal time and must be removed from the curb at least 12 hours after the same have been emptied.
Nothing in this chapter shall be construed to prohibit municipal dumps, containers or refuse receptacles maintained by the Township.
Cases and carts. No person, firm or corporation shall place or cause to be placed along any public highway, right-of-way, sidewalk area, occupied or unoccupied private property, any emptied or filled milk cases, bread cases, shopping carts or any other cases, cartons, containers or refuse receptacles whatsoever.
Noise nuisances. It is hereby declared to be a public nuisance for any person to make or cause to be made through any instrumentality any excessive or unusually loud noise or to create a noise nuisance causing discomfort or annoyance to a reasonable person of ordinary sensibilities within any residential area of the Township of Upper Moreland or any area within 500 feet of a residential area of the Township of Upper Moreland after the hour of 10:00 p.m. or before 7:00 a.m., prevailing time. Without intending to limit the generality of the foregoing, the following are declared to be noise nuisances within any residential area of the Township of Upper Moreland or any area within 500 feet of a residential area of the Township of Upper Moreland:
The operation of construction equipment outside or the performance of exterior construction or repair work (except in the case of an emergency) on any building or other structure after the hour of 10:00 p.m. or before 7:00 a.m., prevailing time.
The operation, whether on a public or private street or on private property, of any motor vehicle without a muffler or the repair, rebuilding or testing of any motor vehicle or internal combustion engine after the hour of 10:00 p.m. or before 7:00 a.m., prevailing time.
Playing any instrument, stereo, radio, cassette player or similar device or operating or using any sound amplification equipment either outside any building or within any building if the sound produced is audible outside such building, after the hour of 10:00 p.m. or before 7:00 a.m., prevailing time.
It is hereby declared to be a public nuisance for any person to cause or permit any water being pumped or drained from a swimming pool being drained or emptied of all or substantially all of its water for maintenance or other reason to cause or allow such water be pumped or drain, directly or indirectly, onto the premises or property of another person without the consent of such person.
[Amended 11-13-2018 by Ord. No. 1689]
Notice to remove may be served upon the owner verbally if he or she resides in the Township. If the owner does not reside in the Township, then such notice may be served verbally upon the tenant, owner, or occupant of the premises. If there is no tenant or occupant, then such notice may be posted on the premises.
Every owner or occupier of land whereon any nuisance exists is hereby required to cease any activity creating such nuisance and to abate such nuisance immediately upon notice to do so communicated by any representative of the Township, including the Police Department or Department of Code Enforcement. In the event that abatement of the nuisance requires the removal of any object or thing or physical changes to the land or any structure, the owner or occupier shall remove or cause to be removed such nuisance or perform any work necessary to remove any cause of nuisance within 10 days after notice to abate such nuisance, except in the case of any nuisance that constitutes an imminent and serious danger to the public health or safety, in which case such abatement of the nuisance shall be performed immediately upon notice to do so communicated by any representative of the Township, including the Police Department or Department of Code Enforcement. In the event of any failure or refusal to abate any nuisance or perform any work necessary to abate such nuisance, after the expiration of 10 days of notice to abate such nuisance or except in the case of any nuisance that constitutes an imminent and serious danger to the public health or safety, the Township may cause the abatement of such nuisance at the cost of the owner or occupier and collect the cost thereof, together with an administrative fee to the Township of 20% of such cost and reasonable attorneys' fees of the Township, from such owner or occupier, and the Township may file a municipal claim for the same or collect it by action assumpsit.
[Amended 11-13-2018 by Ord. No. 1689]
Any person who fails to cease or abate any nuisance as set forth in § 223-5 after notice to cease has been communicated by a representative of the Township as set forth in § 223-4, in addition to bearing the cost of abatement as provided in § 223-5, such person shall be issued a Township notice of violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No. 1698]
Upon summary conviction before a Magisterial District Judge, the offender shall be sentenced to pay a fine of no less than $100 nor more than $1,000 plus costs of prosecution and the Township's actual attorneys' fees. Each day that a violation of this chapter continues shall be deemed to be a separate offense.