[Adopted 7-14-1975 by Ord. No. 7-14-75B]
[Amended 12-14-1981 by Ord. No. 12-14-81H; 10-14-1996 by Ord. No.
10-14-96C]
33.1.1.
No person, partnership, firm or corporation shall deposit, leave
or cause to be left or accumulated on any street, land, highway, alley,
vacant lot, stream, creek or any other public or private property
within the Municipality of Bethel Park, any garbage, rubbish, waste
materials, old building materials, litter and debris of any kind,
junked, scrapped, dilapidated or outworn construction equipment or
machinery including parts of same and fuel or lubrication equipment
and other apparatus associated with their use, flammable articles
or stored junk vehicles which shall be those without a current inspection
sticker and are either rusted, wrecked, discarded, dismantled, partly
dismantled, inoperative or in an abandoned condition, including parts
of the same, all of which are hereby declared to be a nuisance and
detrimental to the environment of the Municipality of Bethel Park.
33.1.2.
No person, partnership, firm or corporation shall allow to accumulate
and/or remain on his own property the material and objects listed
above, whether or not such material and objects were accumulated or
deposited with the consent or knowledge of such a person, partnership,
firm or corporation.
33.1.3.
Notwithstanding the requirements set forth in 33.1.1 above, damaged
or wrecked vehicles with or without current inspection stickers may
be stored on the premises of property being used as an auto repair
facility, provided all of the following criteria set forth below are
met:
1.
The vehicles are stored behind the front face of the building where
legal parking areas exist in the side or rear yards and that no more
than 10 vehicles are stored at one time.
2.
The period of storage, notwithstanding any work order, for any one
vehicle does not exceed one month from the date of first storage,
provided further a break in storage of less than one week shall not
begin a new storage period.
3.
The owner or occupier of the property can show by work order or other
proper documentation that each vehicle is scheduled for repair within
the time period set forth in two above.
4.
The owner or occupier of the property has a current Certificate of
Use, Occupancy and Compliance, pursuant to the requirements of Bethel
Park Zoning Ordinance, as amended.
5.
The vehicles do not harbor rodents, mosquitoes or other vermin and
do not present a hazard to public health or safety.
33.1.4.
Storage of Junk Vehicles Exception: Junk vehicles as defined in 33.1.1
above may be stored in manufacturing and light industrial districts
(MLI) provided all of the following criteria set forth below are met:
1.
No vehicles shall be stored within 50 feet of residential zoned property.
2.
No vehicles shall be stored in required parking spaces as set forth
in Bethel Park Zoning Ordinance.
3.
No vehicles shall be stacked on top of each other.
4.
That the storage of said vehicles do not constitute a junkyard as per Chapter 44 of Bethel Park Municipal Code.
5.
The vehicles do not harbor rodents, mosquitoes or other vermin and
do not present a hazard to public health or safety.
6.
The MLI property abuts a street that does not serve as an ingress
and egress to a residential zoned area.
33.2.1.
No person, partnership, firm or corporation shall permit the following
growths and vegetation which are hereby declared to be a detriment
to the environment of Bethel Park Municipality:
1.
Grass in excess of eight inches.
[Amended 11-8-1982 by Ord. No. 11-8-82F]
2.
Poison ivy, poison oak and other toxic vegetation.
3.
Weeds and other obnoxious vegetation.
4.
Dead, dying or diseased trees or parts thereof whose existence poses
a hazard to persons or property in their vicinity.
5.
Trees, shrubs or other vegetation whose limbs or parts thereof project
into a public right-of-way, thereby interfering with the normal use
of said right-of-way.
33.3.1.
No person, partnership, firm or corporation shall permit the accumulation
of stagnant water nor allow siltation to be deposited on any public
or private property.
33.4.1.
No person, partnership, firm or corporation shall permit property
under his ownership or control to become a harborage or infestation
of insects, rodents or vermin.
33.5.1.
No person, partnership, firm or corporation shall do any act or engage
in any activity which shall restrict or impede the flow of any stream,
creek or other watercourse which has its source beyond the limits
of property under the ownership or control of such person, partnership,
firm or corporation. The building of walls or the dumping of fill
in such a manner as to restrict or impede the flow of any stream,
creek or other watercourse described herein are prohibited. The building
of bridges or other appurtenances that span streams, creeks or other
watercourses described herein shall be in accordance with a permit
regulating the design and location of same which has been issued by
the Code Enforcement Officer, and further, no trees, shrubs or other
vegetation or parts of same shall be planted or allowed to exist in
such a manner as to restrict or impede the flow of such streams, creeks
or other watercourses described herein.
33.6.1.
The Municipal Manager or his delegate is hereby authorized and directed
to give notice by personal service or by United States mail to the
owner or occupant, as the case may be, of any premises where violations
of 33.1 through 33.5 exist, directing and requiring such owner or
occupant to remove or eliminate such violation within five days after
issuance of such notice. If any person, partnership, firm or corporation
shall neglect, fail, or refuse to comply with such notice within the
period stated therein, such person, partnership, firm or corporation
shall be subject to the penalties provided elsewhere in this ordinance
and, in addition, the municipal authorities may remove such deposits,
accumulations, harborages or infestations in violation of this ordinance;
and the costs thereof, together with any additional payment authorized
by law, may be collected by the municipality from such person, partnership,
firm or corporation in the manner provided by law.
33.7.1.
Any person, partnership, firm or corporation who violates 33.1 through
33.5 of this ordinance shall, upon conviction thereof, be sentenced
to pay a fine of not more than $25 and costs of prosecution, and in
default of payment of such fines and costs, to undergo imprisonment
in the County jail for not more than 10 days, provided that each day's
violation shall constitute a separate offense and notice to the offender
shall not be necessary in order to constitute an offense, and provided
further that any person, firm or corporation who shall ignore or fail
to comply with notice given pursuant to 33.6 of this ordinance shall
be subject to an additional fine of $300, and each day's continuance
of the violation therein shall constitute a separate offense.
[Added 11-8-1982 by Ord. No. 11-8-82F]
33.8.1.
For the purpose of this ordinance, the term "private property" shall
include that portion of any public right-of-way to the property line
which is not improved with a cartway for public travel and which area
may contain or be improved in part by sidewalks, grass strips, street
trees or drainage ditches.
[Added 11-2-1992 by Ord. No. 11-2-92A]
33.9.1.
No person shall smoke within Bethel Park's Municipal Building.
33.10.1.
Any ordinance or part of an ordinance conflicting with the provisions
of this ordinance be and the same is hereby repealed to the extent
of such conflict.
33.11.1.
The provisions of this ordinance are severable, and if any section,
sentence, clause or phrase shall be held to be illegal, invalid or
unconstitutional, the remaining portions of this ordinance shall not
be affected or impaired thereby.
[Added 12-12-1983 by Ord. No. 12-12-83B]
[Added 9-13-1999 by Ord. No. 9-13-99C]
33.12.1.
All procedures and rules for the drilling, alteration, operation
and plugging of oil and gas wells shall be maintained in accordance
with Act of 1984, P.L. 1140, No. 223, and the rules and regulations
of the Pennsylvania Code, Title 25, Environmental Protection; Chapter
78, Oil and Gas Wells, whose agents are charged with the administration
and enforcement of said Act. In addition to the restriction stated
above, the following conditions set forth below must be met:
1.
For all wells within 15 feet of a cartway, protective barriers must
be installed adjacent to the well to prevent damage from stray vehicles.
All barricades must be approved by the Code Official and installed
so as not to interfere with access to the wellhead for maintenance
and emergency purposes.
2.
Landscaping is permitted to aesthetically enhance the appearance
of the wellhead; however, it must not interfere with access to the
wellhead for maintenance and emergency purposes.
[Added 8-8-2022 by Ord. No. 8-8-22]
33.13.1.
AIR QUALITY ACTION DAY
NEW SOURCE PERFORMANCE STANDARD
OPEN BURNING
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A day for which a forecast has been issued by the Pennsylvania
Department of Environmental Protection, the Allegheny County Health
Department, or the Southwest Pennsylvania Air Quality Partnership
indicating that ambient concentrations of ozone, particulate matter,
carbon monoxide, sulfur dioxide, or nitrogen dioxide might reach unhealthful
levels or exceed the National Ambient Air Quality Standards.
Any emission limitation promulgated by the United States
Environmental Protection Agency pursuant to Section 111 of the Clean
Air Act.
Any fire or combustion from which air contaminants pass directly
into the open air without passing through a flue. The term includes
any fire or combustion which occurs in a chiminea, fire pit, outdoor
fireplace, or grill.
33.13.2.
Open burning.
1.
No person shall conduct, or allow to be conducted, the open burning
of any material, except where the municipality has issued an open
burning permit to such person in accordance with this chapter or where
the open burning is conducted solely for the purpose of preparation
of food for human consumption, recreation, light, or ornament, and
in a manner which contributes a negligible amount of air contaminants,
and which is in accordance with Subsections 1a through c, below.
a.
No material other than clean wood, propane, or natural gas may be
burned except as provided for in this subsection.
b.
Any volume of clean wood being burned shall be no larger than three
feet wide by three feet long by two feet high and shall be at least
15 feet from the nearest neighbor's dwelling or inhabited area,
any property line, roadway, sidewalk, or public access way.
c.
Open burning using chimineas, firepits, or outdoor fireplaces may
only be conducted using materials meeting Subsection 1a, above.
2.
Any open burning shall be tended by a responsible adult, 18 years
of age or older, at all times.
3.
Wood burning activities shall not be conducted on Allegheny County
Health Department air quality action days, with the exception of conducting
such burning for the commercial preparation of food.
4.
The municipality may prohibit, or reduce, any open burning activity
which it determines to be a nuisance. This determination will be based
on, but not limited to, the following criteria:
5.
This section shall not allow or permit any open burning which would
not otherwise be allowed or permitted under any applicable ordinance
or fire code.
33.13.3.
Discovery of fire. Immediately upon the discovery of any open
burning that is not being conducted in accordance with this section,
the person responsible for the property on which such burning occurs
shall immediately extinguish, or cause the extinguishment of, such
burning.
33.13.4.
Presumption. Proof that the defendant in any enforcement action
owns or controls the property on which open burning occurs shall be
prima facie evidence that such defendant has conducted, or allowed
to be conducted, such open burning.
33.13.5.
Permits.
1.
The municipality may issue a permit for open burning during a period
specified by the municipality, but only where the open burning is
solely for:
a.
The abatement of a fire or public health hazard when the burning
is conducted under the supervision of a public officer;
b.
The instruction of personnel in firefighting, except that instruction
using only propane does not require a permit;
c.
The fostering of agriculture;
d.
The conducting of a ceremony; or
e.
Clearing and grubbing wastes subject to, at a minimum, the following
requirements:
(1)
Air curtain incineration units shall be used at all times when
burning clearing and grubbing wastes.
(2)
The use of air curtain incineration units shall not be permitted
unless approved by the municipality in writing with respect to equipment
arrangement, design, and existing environmental conditions prior to
commencement of burning.
(3)
Approval for use of an air curtain incineration unit at one
site may be granted for a specified period not to exceed three months,
but may be extended for additional limited periods upon further written
approval by the municipality.
(4)
If operated at commercial, industrial, or institutional facilities,
the air curtain incinerator may also be subject to the new source
performance standard requirements of 40 CFR 60 Subpart CCCC or EEEE.
2.
The permit application shall be submitted on forms prepared by the
municipality at least 15 days prior to the proposed burning date(s)
and shall specify the types of materials to be burned, and only those
types of materials which are approved by the municipality in the permit
shall be burned.
3.
The application for said permit must be accompanied by a nonrefundable
permit application fee (see Municipal Fee Schedule) by corporate check
or money order payable to the "Municipality of Bethel Park," to cover
the costs associated with processing, reviewing, and acting upon the
application. The fee shall be set in accordance with a schedule of
fees, charges, or expenses as determined by Municipal Council.
4.
The municipality may issue a permit subject to any additional terms
and conditions as are appropriate to further the purposes of this
code, and may deny a permit application or rescind any such permit
when it determines that an actual or potential air pollution problem
exists.
5.
An approved permit shall be in the possession of the applicant or
an authorized representative at the site of the permitted open burning
at all times during said open burning and shall be available for inspection
upon request by any Municipal personnel, law enforcement officer,
or fire protection officer.
6.
Any open burning permit issued by the municipality shall immediately
be suspended upon the declaration of an alert or localized incident
pursuant to Subsection 33.13.7 of this section and shall remain suspended
for the duration of the alert or localized incident. If the open burning
permit expires during such period of suspension, an extension of such
permit shall be obtained from the municipality prior to burning any
materials.
7.
Open burning activities requiring a permit shall not be conducted
on air quality action days.
33.13.6.
Coal refuse piles. In the case of a fire at any coal refuse
pile or dump, the person responsible shall:
1.
Report such fire immediately to the municipality upon discovery;
2.
Immediately extinguish such fire, or demonstrate to the municipality's
satisfaction that all necessary steps are being taken to extinguish
such fires as expeditiously as possible; and
3.
Report the status of such fire to the municipality at such intervals
as required by the municipality.
33.13.7.
Enforcement. Notwithstanding any other provision of the Municipal
Code, the prohibitions of this section may be enforced by any code
enforcement officer, fire company official, police officer or other
duly authorized law enforcement officer ("officer") of the Municipality
of Bethel Park. Such enforcement shall be in accordance with the laws
governing the Municipality of Bethel Park.
1.
An officer may, upon investigation, order that any fire be immediately
extinguished, abated, diminished, or corrected (in his or her sole
discretion) if, in the officer's sole judgment, the fire:
a.
Is emitting excessive smoke, excessive odor, or malodorous emissions.
b.
Contains prohibited materials or is using a prohibited or inadequate
containment device or mechanism.
c.
Is in a prohibited location or of a prohibited size.
d.
Is emitting sparks or hot ashes that may pose a threat to nearby
structures, trees, other combustible materials, or to the safety of
persons or property.
e.
Where its size, materials, containment, location, emissions, proximity
to structures, trees, other combustible materials, conduct of participants,
weather conditions (including, but not limited to, wind, drought,
dry or other conditions) or air quality, or other circumstances, are
such that continuation of the fire poses a risk of harm to persons
or property.
33.13.8.
Violations. Enforcement of this chapter shall be by action brought
before the magisterial district justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a criminal fine of not more than $1,000 per violation, plus
costs and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days. Each violation of any provision
of this chapter shall constitute a separate offense. In addition,
any person found guilty of violating this chapter shall be assessed
court costs and reasonable attorneys' fees incurred by the municipality
in the enforcement proceedings.
