Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
vendor operations without permits, high grass and weeds, graffiti
and accumulation of snow and ice are costly problems that contribute
to the deterioration of property values and general disorder in a
community. These problems degrade the physical appearance of the City,
which reduces business and tax revenue, inhibiting economic development.
The quality of life and community pride of the citizens of Scranton
are negatively impacted by the occurrences and existence of these
activities. Recognizing these are community problems, the purpose
of this article is to promote the health, safety and general welfare
of the City by helping to create a clean environment for the citizens
of Scranton.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
AUTHORIZED LITTER RECEPTACLE
A litter collection receptacle which is placed on the public
right-of-way or on public property by the City for use by the public
to deposit small quantities of hand-held trash, but not household
or commercial waste.
COMMERCIAL VEHICLE
A motor vehicle that has a gross vehicle weight of greater
than 6,000 pounds and is primarily used for business purposes, including,
but not limited to, making service calls, transporting equipment used
in a business or in accomplishing physical work as part of a business
(such as hauling material).
DEBRIS
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked,
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
DUMPING
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products, and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized by law.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
HAZARDOUS WASTE
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that, because of its quantity, concentration,
physical, chemical, or infectious characteristics, may:
A.
Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating illness.
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household,
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
INDOOR FURNITURE
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
JUNKED VEHICLE
A.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
B.
The following conditions, if present, are examples of a state
or condition of disrepair:
(1)
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
(2)
Broken glass or windows on or in the vehicle.
(3)
Leaking of any fluids from the vehicle or deflated or flat tire(s).
(4)
Unsecured and/or unlocked doors, hood, or trunk.
(5)
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
(6)
Harboring of rodents, insects, or other pests.
C.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
LITTER
Includes, but is not limited to, all waste material, garbage,
trash, i.e., waste paper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
LOCAL RESPONSIBLE AGENT
Any person residing or working within the County of Lackawanna
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
MOBILE VENDOR
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the City that
does not typically remain stationary for more than approximately 10
minutes each hour.
MOTOR VEHICLE
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
MOTOR VEHICLE NUISANCE
A motor vehicle with one or more of the following defects:
A.
Broken windshields, mirrors, or other glass, with sharp edges.
B.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
C.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
D.
Protruding sharp objects from the chassis.
E.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
H.
Any excessive fluids leaking from the vehicle which may be harmful
to the public or the environment.
I.
Disassembled body or chassis parts stored in, on or about the
vehicle.
J.
Vehicles that do not display a current, valid license and registration.
K.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
L.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material, including solid, liquid, semisolid, or contained
gaseous material, resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials or organic waste.
NOTICE OF VIOLATION
A written document issued to a person in violation of a City
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
NUISANCE
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the City or causes a blighting effect in City neighborhoods.
See also "public nuisance."
PERSON
Every natural person, firm, corporation, partnership, association,
or institution.
PLANTER STRIP
The nonconcrete space in the sidewalk area filled with dirt
and/or grass.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person,
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
PUBLIC NUISANCE
Any conditions or premises which are unsafe, unsanitary or
disruptive.
PUBLIC OFFICER
Any police officer, authorized inspector from the Department
of Licensing, Inspections and Permits, or public official designated
by the City to enforce the City ordinances.
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
RECYCLABLE MATERIAL
Material which would otherwise become municipal waste, which
can be collected, separated, or processed, and returned to the economic
mainstream in the form of raw materials or products. These materials
may include, but not be limited to, aluminum cans, ferrous and bi-metal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliances, televisions, tires, and large auto
parts.
RESIDUAL WASTE
Any discarded material or other waste, including solid, semisolid,
or contained gaseous materials, resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
RUBBISH
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
SHADE TREE
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way.
SIDEWALK AREA
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
TRACTOR OF A TRACTOR-TRAILER
A truck with a minimum of three axles that is primarily intended
to pull a trailer, as defined below, and not primarily to carry goods
itself.
TRAILER OF A TRACTOR-TRAILER
A commercial vehicle with a length of 20 feet or more that
is not self-propelled, that is intended to haul materials, vehicles,
goods, gases or liquids, and that is intended to be pulled by a tractor,
and that is not a "recreational vehicle."
TREE WELL
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
VEGETATION
Any planting that is cultivated and managed for edible or
ornamental purposes, such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
VIOLATION TICKET
A form issued by a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the City of Scranton extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
WEEDS
A.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
(1)
Exceed eight inches in height.
(2)
Exhale unpleasant noxious odors or pollen, such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as "weeds" or "brush."
(3)
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
(4)
Encroach onto neighboring properties by way of leaders or roots
without the property owners' consent.
(5)
May cause a public nuisance.
B.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes, such as vegetable gardens, trees,
shrubs, flowers, etc.
YARD
An open space on the same lot with a structure.
[Amended 9-30-2019 by Ord. No. 72-2019; 12-14-2021 by Ord. No. 105-2021; 1-31-2023 by Ord. No. 48-2023]
1. Operating a Food Cart Illegally. It shall be unlawful to operate
any food cart without the proper permits and/or inspections. It shall
also be unlawful to operate any food cart while any portion of the
cart is inoperable.
2. Operating or Vending Without the Proper Permit/License. It shall
be unlawful for any person, business, partnership, or entity to operate
including, but not limited to, any business, vending cart, store,
or establishment without the proper permits.
3. Storing of Hazardous Material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive, or
other hazardous materials including, but not limited to, paints, volatile
oils and cleaning fluids, or combustible rubbish including, but not
limited to, wastepaper, boxes, or rags unless the storage of said
materials is stored in compliance with the applicable building codes.
4. Storing or Serving of Potentially Hazardous Food. No individual or
entity operating a business shall store or serve potentially hazardous
food, including, but not limited to, out-of-date food, food being
stored above or below the appropriate temperature, food being stored
directly on a flooring surface, infestation problems at the location,
or serving food that had previously been open are considered a violation
of this article.
5. Violating the Terms of Any Vending License. It shall be unlawful
to violate any term, part, portion or in total, any vending license.
Any person, business, partnership, or entity violating their vending
license shall be in violation of this article.
6. Temporary Dumpster Permit Required. Each temporary dumpster, whether
placed on private property or in a public right-of-way, shall display
a valid permit issued by the City of Scranton.
7. City Permits to be Displayed and Followed. All City permits shall
be displayed in a fashion that makes them visible from the roadway.
In cases of demolition, the permit shall be displayed in the back
window of a construction vehicle parked on site, and visible from
the roadway. Should a permittee be unable to comply with this requirement,
they shall have to notify the Office of Licensing, Inspections and
Permits, and seek immediate authorization/approval. Once the City
provides notice to a property owner that a permit is necessary, any
additional work to the property shall allow the City to fine the property
owner and/or the person(s) performing the work for violation of this
section.
8. Accumulation of Rubbish or Garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
9. Animal Maintenance and Waste/Feces Cleanup. People owning, harboring,
or keeping an animal within the City of Scranton shall not permit
any waste matter/feces from the animal to collect and remain on the
property so as to cause or create an unhealthy, unsanitary, dangerous,
or offensive living condition. All waste from animals must be cleaned
up on a daily basis.
10. Disposal of Rubbish or Garbage/Dumping. Improper disposal of rubbish
or garbage, or dumping or disposing of rubbish or garbage on vacant,
unoccupied, or other property.
11. High Weeds, Grass or Plant Growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of eight
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants, and vegetation. Cultivated flowers,
gardens, trees, and shrubs shall not be included as a violation of
this article.
12. Littering or Scattering Rubbish. No person shall throw, dump, place,
sweep, or dispose of any waste, trash, garbage, or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, public
parking area, or in any public property.
13. Motor Vehicles. It shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle on any premises. No vehicle shall at any time be in a state
of major disassembly, disrepair, or in the process of being stripped
or dismantled. Painting of vehicles is prohibited unless conducted
inside an approved spray booth.
14. Outside Placement of Indoor Appliances/Furniture. It is prohibited
to store or place any/all appliances or furniture including, but not
limited to, ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs, or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property. If maintenance is being performed,
or if the items are actively being sold in a yard sale, the items
shall not be left unattended.
15. Ownership Presumption of Waste, Trash, and/or Recyclables for Illegal
Dumping and Illegal Hauling. It shall be the responsibility of every
owner and/or occupant to dispose of their waste, trash, or recyclables
in a proper manner. Any business or person who is unable to show proof
that they have legally disposed of any waste, trash, or recyclables
will be in violation of this article. Should any person or business
use an unlicensed hauler to dispose of their waste, trash, or recyclables,
said person or business shall be in violation of this article. Upon
request of the Public Officer, any owner or occupant must show proof
of their appropriate trash and/or recyclable hauler. Any parts found
within a municipal waste container, recycling container, garbage bag,
or loose trash/waste displaying the name and/or address of a person
and/or persons, that trash or waste shall be presumed to be the property
of such person and/or persons. It shall be unlawful for any person,
business, partnership, or entity to remove or haul waste, trash, or
recyclables without the proper approval or license. Any waste, trash,
or recyclables found not to be disposed of in accordance with this
article will be a violation of this article.
16. Placement or Littering by Private Advertising Matter. No person shall
throw, place, sweep, or dispose of litter or private advertising matter
upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, or any public property. No person, group, organization,
or entity will hang, place, or advertise on any public property in
any manner. No person, group, organization, or entity will hang, place,
or advertise on any property that they do not have any ownership rights
to without the written approval of said owner.
17. Snow and Ice Removal from Sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the City of Scranton, is required to remove any
snow or ice from their sidewalk within 24 hours of the cessation of
said snow and ice falling. Furthermore, they must create a path, free
from any snow or ice, of three feet on said sidewalk. Should any property
be a place of business within the City of Scranton, all snow and ice
must be removed within four hours of the cessation of said snow and
ice falling. Any property that is deemed a business must have the
entire sidewalk free from any snow and ice. If and/or when the snow
and/or ice cessation happens during the hours of darkness, the time
limit of removal of all snow and ice begins at daybreak.
18. Storage Containers for Waste or Trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, watertight, and made of metal or plastic. Containers
must have tight-fitting covers, and must be kept clean and odor free
at all times. All containers must be stored in the rear of every property
so said containers are not visible from the public right-of-way. Waste/trash
containers may only be placed in front of any property when darkness
occurs the night before the day of the scheduled waste/trash pickup
day. Once the licensed hauler removes the waste/trash from any property,
all containers must be returned to the rear of any property before
daybreak on the day following pickup. (Example: Jim Smith's trash
collection day is Wednesday. Jim Smith may place his trash containers
out front of his property on Tuesday night, once night falls. Jim
Smith must place his trash containers in the rear of his yard before
daybreak, on Thursday morning.)
19. Storing of Recyclables. It shall be the responsibility of the owner
of all residential, commercial, and industrial property to ensure
storage, collection, and disposal of all recyclables from their property
in such a manner not to create a public nuisance. Storage of recyclables
is only allowed in approved containers, which must be kept clean and
sanitary at all times.
20. Swimming Pools. Swimming pools shall be maintained in good repair
at all times. They shall also be kept clean, safe, covered, and sanitary
as well.
21. Prohibited Occupancy. Any building, machine, or equipment which is
condemned shall not be occupied or operated.
22. Shrubs and bushes. Bushes and shrubs on all premises and exterior
property shall be maintained and kept in good order.
23. Dangerous Trees. Any tree that is considered dangerous and unsafe
to the public by the office of Licensing, Inspections and Permits
or the City Forester, due to overgrowth, instability, infestation,
harmful insects or a dead tree.
** Violators under this section shall be required to cease illegal
activity within 48 hours of notice by the City. Notice may take the
from of written or oral notice.
Upon finding a quality-of-life violation, any public official,
as previously defined herein, may issue quality-of-life violation
ticket(s) to the owner and/or occupant of the property at issue or
to the individual(s) known to have violated this article.
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served to an adult member of the household or other person in charge
of the residence, by leaving or affixing the notice or violation ticket
to the property where the violation exists, by handing it at any office
or usual place of business of the violator to his/her agent or to
the person for the time being in charge thereof, or by mailing the
notice to the violator's address of record.
[Amended 12-14-2021 by Ord. No. 105-2021]
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed
up to a maximum of three separate fines for the same offense. Any
person who receives three violations for the same offense shall be
required to pay a fine of $100, which shall be subject to late fees
as outlined herein.
[Amended 9-30-2019 by Ord. No. 72-2019; 12-14-2021 by Ord. No. 105-2021; 1-31-2023 by Ord. No. 48-2023]
Violation
|
Description
|
Fine
|
Payment Due
|
---|
QOL-001
|
Operating a food cart illegally
|
$150
|
Immediately*
|
QOL-002
|
Operating or vending without the proper permit/license
|
$200
|
Immediately
|
QOL-003
|
Storing of hazardous material
|
$250
|
Immediately
|
QOL-004
|
Storing or serving potentially hazardous food
|
$200
|
Immediately
|
QOL-005
|
Violating the terms of any vending license
|
$150
|
Immediately
|
QOL-006
|
Temporary dumpster permit required
|
$100
|
48 hours**
|
QOL-007
|
City permit to be displayed
|
$100
|
48 hours
|
QOL-014
|
Commercial/junk vehicles in a residential area
|
$50
|
48 hours
|
QOL-020
|
Swimming pools
|
$100
|
48 hours
|
QOL-021
|
Prohibited occupancy
|
$1,000
|
24 hours
|
QOL-025
|
Vehicle repairs/maintenance in a residential district
|
$150
|
48 hours
|
QOL-026
|
Accessory structures
|
$150
|
48 hours
|
QOL-028
|
Illegal signs/billboards
|
$150
|
48 hours
|
QOL-029
|
Working without a license
|
$500
|
48 hours
|
*
|
Violators under this section shall be required to immediately
cease illegal activity.
|
**
|
Violators under this section shall be required to cease illegal
activity within 48 hours of notice by the City. Notice may take the
form of written or oral notice.
|
A. Any person who violates this article shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the City for the cleanup and abatement of the violation.
Violation
|
Description
|
Fine
|
Payment Due
|
---|
QOL-039
|
Accumulation of rubbish or garbage
|
$100
|
48 hours
|
QOL-040
|
Animal maintenance and waste/feces cleanup
|
$100
|
48 hours
|
QOL-041
|
Disposal of rubbish or garbage/dumping
|
$100
|
Immediately
|
QOL-042
|
High weeds, grass or plant growth
|
$100
|
48 hours
|
QOL-043
|
Littering or scattering rubbish
|
$100
|
48 hours
|
QOL-044
|
Motor vehicles
|
$100
|
Immediately
|
QOL-045
|
Outside placement of indoor appliances/furniture
|
$100
|
48 hours
|
QOL-046
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping and illegal hauling
|
$100
|
Immediately
|
QOL-047
|
Placement of littering by private advertising matter
|
$100
|
48 hours
|
QOL-048
|
Snow and ice removal from sidewalks
|
$100
|
48 hours
|
QOL-049
|
Storage containers for waste or trash
|
$100
|
Immediately
|
QOL-050
|
Storing of recyclables
|
$100
|
48 hours
|
QOL-051
|
Shrubs and bushes
|
$100
|
48 hours
|
QOL-052
|
Dangerous trees
|
$100*
|
48 hours
|
QOL-053
|
Defacement of property
|
$150
|
48 hours
|
|
Construction material
|
**Zoom
|
|
*
|
The City, at the discretion of its Building Code Officers, may
waive the fee for dangerous tree violation(s) in the event that the
owner consents to the City removing said tree(s) and reimburses the
City for any costs associated with the removal.
|
B. Failure to remit payment within the time frame listed above shall
result in a late fee being imposed in the amount of 10% of the ticket
amount per week up to 10 weeks.
C. Failure of the person to make payment within 10 days of the date
of a violation ticket shall result in the filing of a citation, for
failure to pay, with the Magisterial District Judge.
D. If violations are continuous or egregious, Code Officials have the
right to issue citations without first issuing tickets, provided notice
has been given.
[Amended 9-30-2019 by Ord. No. 72-2019; 12-14-2021 by Ord. No. 105-2021]
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction before the Magisterial District Judge,
be ordered to pay a fine of not less than $300, and not more than
$1,000 on each offense, or imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution where appropriate, to pay the City's costs of collection/citation
proceedings, and to pay the City's reasonable attorneys' fees associated
with the prosecution of the same.
This article shall be effective January 1, 2015.