[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna 5-10-1982; amended in its entirety 6-12-2012 by Ord. No. 183. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
- ABANDONED OR JUNKED MOTOR VEHICLES
- Any vehicle in nonserviceable condition or without having a current inspection sticker and/or current registration plate, including classic or antique licensed vehicles.
- The Borough of Mount Gretna, which is located within the confines of Lebanon County, Pennsylvania.
- BOROUGH COUNCIL
- The Mount Gretna Borough Council, Lebanon County, Pennsylvania.
- The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of a person or property.
- A person owning, leasing, occupying or having charge of any premises within the Borough.
- Any natural person, firm, partnership, association, corporation, company, club, copartnership, society, or any organization of any kind.
- Any object, device, display, or structure, or part thereof, visible from a public way, which is used to advertise, identify, display, direct or attract attention to a person, organization, institution, business, product service, or event or location.
- Any grass, weed or vegetation whatsoever which is not edible or planted for some useful or legal purpose.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
Nuisances, including but not limited to the following, are hereby declared to be illegal:
Storing or accumulating the following:
Garbage, ashes, refuse or rubbish.
Garbage. Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce. It shall be unlawful to place or permit to remain anywhere in the Borough any garbage or other material subject to decay other than leaves or grass, excepting in a tightly covered container; excepting that a mulch heap is permitted, which is properly maintained for gardening purposes and does not materially disturb or annoy persons of ordinary sensibilities in the neighborhood. It shall be unlawful to any individual, firm or corporation to store more than 14 days' worth of garbage as defined herein which may pose a potential health and safety problems to the community.
Refuse/rubbish. Combustible trash, including paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, leaves, wood furniture, bedding; noncombustible trash, including metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; street rubbish, including street sweeping; dirt, catch-basin dirt, contents of letter receptacles; provided that refuse shall not include earth and wastes from building operations, nor shall it include leaves, cornstalks, stubble or other vegetable material generated in the course of harvesting agricultural crops. It shall be unlawful to cause or permit to accumulate any dust, ashes or trash of such a material that it can be blown away by the wind anywhere in the Borough excepting in a covered container.
Ashes. Residue from fire used for cooking and for heating buildings.
Junk material, including but not limited to unused or abandoned machinery, equipment or appliances, and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials, including scrap building materials, that can be seen from any public highway, road, street, avenue, lane or alley which is maintained by the Borough, or by the Commonwealth of Pennsylvania.
Storing or accumulating abandoned or junked motor vehicles that can be seen from any public highway, road, street, avenue, lane or alley which is maintained by the Borough or by the Commonwealth of Pennsylvania. All such vehicles must be moved in 15 days.
Storage and accumulation shall include any nonserviceable vehicles with or without a current inspection sticker or current registration plate, including inoperable classic or antique licensed vehicles.
Large vehicle components including, but not limited to, engines, transmissions, actual housing, frames or bodies.
This section shall not apply with regard to any vehicle or vehicle component completely contained within an enclosed building. For purposes of this section, the term "enclosed building" shall mean a roofed and walled structure building, with operable doors for ingress and egress, for permanent use.
Storing or accumulating more than one antique or collector motor vehicles for restoration which are neither sheltered by an enclosed building; or storing or accumulating in a nonorderly fashion one or less antique or collector motor vehicles for registration.
Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley, or from any property into or upon any adjoining property.
Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling situate upon property along public highway, road, street, avenue, lane, or alley in the Borough into or upon the cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
Burning of vegetation, tires, tar products or garbage.
Maintaining or causing to be maintained any dangerous structure, including but not limited to abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
Permitting the growth of any grass, weeds, noxious weeds, or any vegetation whatsoever, not edible or planted for some useful or legal purpose, to conceal any rubbish, garbage, trash or any other violation of this chapter.
Permitting or allowing any well or cistern to be, or remain, uncovered.
Pushing, shoveling or otherwise depositing snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Borough or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.
Interfering with the flow of a stream, creek or other waterway, by means of dam construction or otherwise, or removing the embankment of a stream so as to alter the natural flow of the stream.
Defacing public and private property.
It shall be unlawful for any person, partnership, corporation or agent acting independently or under the direction of the principal to deface any private or public buildings, structures, signs, banners, or vehicles within the Borough. Examples of defacing shall include but not be limited to the following examples: application of paint, inks and dyes; affixing of any printed materials such as signs or posters; destruction or removal; defacing in any manner.
Spotlighting: prohibiting certain uses of spotlights from roads in the Borough. No person shall shine any spotlight from any place on public roads in the Borough, into any fields, woodlands, forests, waters, or other lands outside the main traveled portions of the roads, at any time between the hours of sunset and 7:00 a.m., prevailing time, on any day.
Definitions. As used in this subsection, the following terms shall have the meaning given herein.
PERSON – Any human being, group of human beings, or other legal entity or group of legal entities.
SHINE – The throwing or casting of the rays of a spotlight.
SPOTLIGHT – Any lamp, light, or other artificial device designed to direct a beam of light, regardless of the size of such beam or the intensity thereof and regardless of the area of actual illumination thereby. Spotlights shall include but not be limited to all vehicle headlamps, flashlights, arc lights, and any other devices which direct an intense beam of light on a small area.
Exceptions. None of the following acts shall be deemed prohibited by this chapter:
Use of a spotlight by any policeman, other law enforcement officer, game protection, fireman, or other emergency officer or government official, in the performance of his or her official duties;
Use of a spotlight by any person engaged in and for the purpose of assisting in any rescue operation, any search for or apprehension of any criminal or fugitive from justice, any search for any lost or abducted person, or the lighting of any way or direction of travel for purposes of lawful travel, whether on or off such public road;
Use of a spotlight by any person engaged in and for the purpose of assisting in illuminating the scene of any crime, disaster, public disturbance, or other public event; but the intentional shining of spotlights at or for the purpose of discovering any deer, or other game or domestic animals not deemed excused by this exception;
Any incidental and peripheral or accidental illumination by any spotlight otherwise in lawful use.
All signs are prohibited within the street-right-way located within the Borough of Mount Gretna except those signs associated with traffic control and historical markers. If there is a need for any markings on the paved portion of any right-of-way within the Borough, by either a public or private organization, the markings shall consist of washable sidewalk chalk.
Whenever a condition constituting a nuisance is permitted or maintained the Mount Gretna Borough Council shall cause written notice to be served upon the owner in one of the following manners:
By making personal delivery of the notice to the owners; or
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence; or
By fixing a copy of the notice to the door at the entrance of the premises in violation; or
By mailing a copy of the notice to the last known address of the owner by certified mail; or
By publishing a copy of the notice in a local newspaper of general circulation within Lebanon County, Pennsylvania, once a week for three successive weeks.
Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Borough, or whether the situation can be corrected by repairs, alterations or by fencing or boarding, or in some way confining and limiting the nuisance. Such notice shall require the owner to commence action in accordance with the terms thereof within 20 days and, thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of § 121-2E, H, I or J is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.
Any person, firm, or corporation who shall violate any provision of this chapter shall, upon conviction thereof, as a summary offense, be sentenced to pay a fine of not less than $100 nor more than $1,000 per violation, and the cost of prosecution, plus restitution. Enforcement thereof shall be by an action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses. The Borough Solicitor may assume charge of the prosecution. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a period not exceeding 30 days. Each day that a violation of this chapter continues shall constitute a separate event
The Borough Council may direct the removal, repair, or alterations, as the case may be, to be done by the Borough and to certify the costs, including, but not limited to, of the abatement, including, but not limited to, administrative costs and attorney's fees, the cost of such removal, repairs or alterations shall be a lien upon such premises from the time of such removal, cutting, repairs and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Borough Secretary.
The Borough, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation, or seek any such other relief as any such court of competent jurisdiction is empowered to afford.