[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
Purpose. The purpose of this Part is to protect the public safety,
health and welfare and to prevent and abate, in accordance with the
procedures and provisions of Act 200 of 2014, repeat, unwarranted
service response calls by the Township to the same property or location
for nuisance calls, as defined herein, which prevent police or public
safety services being available to other residents of the Township.
It is the intent of the Township by the adoption of this Part to impose
and collect service call penalties from the owner or occupant, or
both, of property to which Township officials must repeatedly respond
for any repeat nuisance event or activity that generates extraordinary
costs to the Township. The repeat nuisance service call penalty is
intended to cover that cost over and above the cost of providing normal
law or Code enforcement services and police protection Township-wide
as well as serve as a deterrent to future nuisance calls. It is the
Township's policy that this Part be applied in such a way as
to ensure that victims of abuse and crime and individuals in an emergency
are able to contact police or emergency services without penalty.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
1.
This Part shall apply to all owners and occupants of private property
which is the subject or location of the repeat nuisance service call
by the Township. This Part shall apply to any responses deemed by
the Ordinance Enforcement Officer or a Harrison Township police officer
to be repeat nuisance service calls as set forth herein relative to
response calls by a Harrison police officer, ordinance enforcement
officer(s), animal control officers and related public safety officials.
2.
This Part shall apply only where police or emergency services respond
to a residence or tenancy that does not involve assistance to a victim
of abuse or crime or individuals in an emergency.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
As used in this Part, the following terms shall have the meanings
indicated:
Any activity, conduct, or condition occurring upon private
property within the Township which unreasonably annoys, injures or
endangers the safety, health, morals, comfort or repose of any member
of the public; or will tend to, alarm, anger or disturb others or
provoke breach of the peace, to which the Township is required to
respond, including, but not limited to the following:
Any activity, conduct, or condition deemed as a public nuisance
under any provision of the Township Code of Ordinances;
Any conduct, activity or condition constituting a violation
of Township ordinances or Pennsylvania state laws including but not
limited to: animal violations; disorderly conduct or disturbance of
the peace; drug abuse; noise; gambling; health safety or sanitation
violations; littering or deposition of waste violations; obstruction
of official business; alcohol violations; sex offenses including public
indecency and prostitution; offenses against persons including assault
and domestic violence; offenses against property such as criminal
damaging; theft; weapons, including firearm or handgun violations,
explosives and/or fireworks; and any offense that is a felony under
the Pennsylvania Crimes Code.
Includes the actual or threatened revocation, suspension
or nonrenewal of a rental license, the actual or threatened assessment
of fines or the actual or threatened eviction, or causing the actual
or threatened eviction, from leased premises.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
1.
Subject to § 704, Subsection 2, below, the Township may impose a repeat nuisance service call fine upon the owner or occupant of private property if the Township has rendered a nuisance call response to the property on three or more occasions within a period of 60 days in response to or for the abatement of nuisance conduct, activity, or condition of the same or similar kind.
2.
No resident, tenant or landlord shall be penalized for a call for
police or emergency assistance by or on behalf of a victim of abuse
as defined in 23 Pa.C.S. § 6102 (relating to definitions),
a victim of a crime pursuant to 18 Pa.C.S. (relating to crimes and
offenses) or an individual in an emergency pursuant to 35 Pa.C.S.
§ 8103 (relating to definitions), if the call was made based
upon the reasonable belief of the person making the contact that intervention
or emergency assistance was necessary to prevent the perpetration
or escalation of the abuse, crime or emergency or if the intervention
for emergency assistance was actually needed in response to the abuse,
crime or emergency.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
No repeat nuisance service call fine may be imposed against
an owner or occupant of property without first providing the owner
or occupant with written notice from the Township Police Chief, Ordinance
Enforcement Officer or Township Secretary or other designated Township
official of the prior nuisance service calls prior to the latest nuisance
service call rendered by the Township upon which the penalty is imposed.
The written notice shall:
A.
State the nuisance conduct, activity or condition that is or has
occurred or is maintained or permitted on the property, and the dates
of the nuisance conduct, activity or condition.
B.
State that the owner or occupant may be subject to a repeat nuisance
call service fine if a third nuisance service call is rendered to
the property for a service call which is deemed to be a nuisance call,
in addition to the Township's right to seek other legal remedies
or actions for abatement of the nuisance or compliance with the law.
C.
Invite the owner or occupant to make an appointment with the Chief
of Police or Ordinance Enforcement Officer as applicable, to discuss
reducing nuisance calls and the consequences of continued excessive
nuisance calls.
D.
Be served personally by United States Mail upon the owner or occupant
at the last known address.
E.
Advise of the opportunity for a Local Agency Law appeal by any person
aggrieved.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
Upon the receipt of a repeat nuisance service call notice, the
owner or occupant may exercise his/her right to a hearing on the notice
of repeat nuisance service calls by filing a request for a Local Agency
Law hearing, in writing, with the Township Secretary, no later than
10 days after receipt of the notice. Such hearing request shall be
accompanied by an appeal fee in the amount of $30 or such other amount
as is set by resolution of the Board of Commissioners. The person
requesting a hearing shall pay in advance of the hearing any costs
of a court reporter and advertising related to the hearing.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
Nothing in this Part shall be construed to limit the Township's
other available legal remedies for any violation of the law which
may constitute a nuisance service call hereunder, including criminal,
civil, injunctive or others.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
1.
Medical Emergencies or Emergency Assistance. Repeat nuisance service
call penalties shall not be imposed for any legitimate, good faith
request for emergency assistance.
2.
Domestic Assault Incidents. Repeat nuisance service call penalties
shall not be imposed against the victim for a response to circumstances
involving domestic assault incidents or order for protection violations.
3.
Victim of Abuse, a Crime, or Nuisance Conduct. A repeat nuisance
service call penalty shall not be imposed against the victim of abuse,
a crime or nuisance conduct for which a response nuisance service
call was made.
4.
Rental Properties. At the discretion of the Township Enforcement
Officials, repeat nuisance service call penalties may be waived against
an owner or occupant of rental property who has:
A.
Commenced eviction proceedings against the tenant or tenants responsible
for the nuisance conduct, conditions or characteristics; or
B.
Entered into and complied with a memorandum of understanding with
the Township that addresses the underlying causes for the nuisance
conduct and provides a course of action to alleviate the nuisance
conduct.
5.
Commercial Business Property. At the discretion of the Township Enforcement
Officials, repeat nuisance service call penalties may be waived against
an owner or occupant of property upon which a commercial business
is being operated who has entered into and complied with a memorandum
of understanding with the Township that addresses the underlying causes
for the nuisance conduct and provides a course of action to alleviate
the nuisance conduct.
[Ord. 1954, 9/26/2011; as amended by Ord. 1977, 3/23/2015]
The third call to property for nuisance conduct within a sixty-day
period shall be subject to a fine of $250. Each call after the third
call to property for nuisance conduct within a sixty-day period shall
constitute a separate offense and be subject to additional fine of
$250 for each additional separate offense. No charge or citation may
be filed until the specifics and accompanying evidence are reviewed
by, as applicable, the Chief of Police and/or Ordinance Enforcement
Officer.
