[HISTORY: Adopted by the Board of Supervisors of the Township of Shirley as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-30-2011 by Ord. No. 2011-3]
It shall be unlawful for any person, firm or corporation owning or occupying any property within the Township of Shirley to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants, to grow to a height exceeding eight inches upon such property in the Township of Shirley. Any such plants or weeds exceeding such height are hereby declared to be a nuisance and detrimental to the health, safety and general welfare of the community.
Exempted from the provisions of this article are portions of lands lawfully used for agriculture, flower gardens, plots of shrubbery, vegetable gardens and grain plots. An exemption under the terms of this section cannot be claimed unless the land has been cultivated and cared for in a manner appropriate to such exempt categories.
This article shall not apply to lands enrolled in the United States Department of Agriculture Conservation Reserve Program or similar government programs, if the enforcement of this article would conflict with that program's application to a specific parcel.
Whenever the Shirley Township Board shall deem it necessary for the public health and welfare, it may require the owners and occupants of lots to mow the weeds and grasses thereon within such time as the Board shall by resolution prescribe the expense thereof to be paid by such owner or occupant.
It shall be the duty of the Board of Supervisors, upon receipt of citizen complaint of a violation of § 180-1, to serve a notice, either by personal service or by United States mail, to the owner or occupant of any premises on which plants or weeds are permitted to grow in violation of the provisions of this article and to demand the abatement of the nuisance, and compliance with the provisions of this article, within 10 days from the service of the notice.
If the person, firm or corporation so served does not abate the nuisance within 10 days, the Township authorities may proceed to abate such nuisance, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Township from such person, firm or corporation in the manner provided by law.
Any person, firm or corporation who shall violate any of the provisions of this article, or who shall knowingly or willfully fail to comply therewith, shall, upon conviction thereof before any District Magistrate having jurisdiction, be sentenced to pay a fine of not less than $150 nor more than $250, together with costs of prosecution, and in default of payment of such fine and costs, shall be imprisoned in the county jail for not more than five days. Such fine and costs may be in addition to the costs and expenses where abatement of the nuisance is done by the Township authorities.
Each day during which the violation continues shall be deemed a separate offence.