[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring 4-23-2014 by Ord.
No. 3-2014. Amendments noted where applicable.]
This chapter shall be known as the "Silver Spring Township Nuisance
and Noxious Weed Ordinance."
This chapter is enacted pursuant to the Second Class Township
Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The purpose of this chapter is to ensure that public health,
safety and welfare shall not be abridged by the excessive growth of
nuisance weeds, other than trees and plants associated with normal
agricultural activities (except those causing a public safety or health
risk), or of the public health, safety risk or nuisances from noxious
weeds in the Township. The residents of the Township recognize that
a lack of property maintenance represents a danger to the health,
safety and welfare of their neighbors and that each person in the
community is entitled to live in an environment in which the level
of such neglect is minimized for the community good.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
Approved by a Silver Spring Township, Pennsylvania, official.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
The open space on the premises under the control of owners
or operators of such premises.
The level at which the ground surface meets the base of the
nuisance weed.
Activities, practices, equipment and procedures that do not
create a hazard to public health and/or safety and are otherwise defined
in the Pennsylvania Right to Farm Law[1] as follows:
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm
Safety and Occupational Health Act."[2] Custom work shall be considered a normal farming practice.
As defined by the Pennsylvania Noxious Weed Control Law,[3] a plant that is determined to be injurious to public health,
crops, livestock, agricultural land or other property.
All grasses, plants and vegetation in excess of 12 inches
from grade, other than trees. This term shall not include cultivated
flowers and gardens or plants associated with normal agricultural
activities, as defined in the Pennsylvania Right to Farm Law. All
noxious weeds are prohibited upon all types of properties.
A Silver Spring Township, Pennsylvania, zoning officer, police
officer or code enforcement officer.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
As defined by the United States Environmental Protection
Agency, areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.
A.
The following acts and the causing thereof are declared to be a nuisance
and are therefore in violation of this chapter.
(1)
All premises and exterior property shall be maintained free from
nuisance weeds. Exemption: activities, practices, equipment and procedures
associated with normal agricultural activities, wetlands, approved
retention basins, heavily wooded areas, public parks and lands owned
by Silver Spring Township.
(2)
The growth of any and all noxious weeds is prohibited throughout
Silver Spring Township.
B.
Upon failure of the owner or agent having charge of a property to
abate the violation and to cut and destroy weeds within 10 days of
notice of service of the notice of violation, they shall be subject
to prosecution in accordance with the penalties set forth in this
chapter and as prescribed by the authority having jurisdiction.
This chapter may be enforced by any Silver Spring Township,
Pennsylvania, official, as defined in this chapter.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction before a Magisterial District
Judge, as a summary offense, be sentenced to pay a fine of not more
than $1,000 and, in default of payment, to imprisonment for a term
not to exceed 30 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
The provisions of this chapter are not intended to interfere
with, abrogate or annul other rules, regulations or ordinances. If
more stringent requirements concerning nuisance weeds, rodent harborage
or infestation abatement are contained in other statutes, rules, regulations
or ordinances, the more stringent regulation shall apply.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors that this chapter would have been adopted had
the unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included therein.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall take effect five days from the date of adoption.
