[HISTORY: Adopted by the Board of Supervisors (now Board
of Commissioners) of the Township of Pocono 4-24-1998 by Ord. No. 80. Amendments noted where
applicable.]
This chapter shall be known and cited as the "Used Tire Ordinance."
Recognizing the danger posed to the health, safety and welfare
of Pocono Township and its citizens from the threat of fire involving
accumulations of used tires, it is the purpose of this chapter to
regulate the accumulation of such tires.
This chapter is adopted under the authority provided to Pocono
Township by the Commonwealth of Pennsylvania pursuant to the First
Class Township Code, as amended, 53 P.S. § 55101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Commissioners of Pocono Township, Monroe County, Pennsylvania.
The Chief of the Pocono Township Volunteer Fire Company.
The persons or person, jointly or severally, who has control
over the property on which used tires are accumulated, whether as
an owner, lessee or licensee.
Any persons or person, jointly or severally, who, either
by conveyance, inheritance or otherwise, is vested with the title
to real property and/or improvements thereto or who retains the exclusive
control of such property and/or improvements thereto in his capacity
as a legal representative, such as an administrator, trustee, executor,
etc.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any legal entity whatsoever which
is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
The Township of Pocono, Monroe County, Pennsylvania.
A continuous solid or pneumatic rubber cushion intended to
encircle a wheel that has endured use (i.e., any tire other than a
new tire).
Any Zoning Officer or Alternate Zoning Officer duly appointed
by the Board of Commissioners of Pocono Township.
A.Â
No person shall allow, permit or have an accumulation of used tires
on any property within the Township which tends to create a fire hazard.
B.Â
Whenever the Zoning Officer or Fire Chief determines that it reasonably
appears there is an immediate danger to the life, health or safety
of any person or property due to an accumulation of used tires on
or in a property, the Zoning Officer shall declare such premises to
be a public nuisance.
A.Â
The Zoning Officer and/or Fire Chief is hereby empowered to inspect
private property on which used tires have been accumulated to determine
if the same creates or constitutes a danger to the life, health or
safety of any person or property. If such accumulation creates or
constitutes a nuisance or poses a danger to the health, safety or
welfare of the public, the Zoning Officer shall issue a written notice
upon the owner and occupant of said premises, or, if the owner's
and/or occupant's whereabouts or identity are unknown, by posting
a notice captiously upon the offending premises.
B.Â
Said notice shall require the owner and/or occupant to remove or
otherwise rectify the condition as set forth in the notice within
14 days of mailing or posting of said notice.
If the owner and/or occupant of property on which used tires
are accumulated in violation of this chapter does not comply with
the notice to abate the nuisance and remove the used tires within
the time limit prescribed, the Township shall have the authority to
take measures to correct the conditions and collect the cost of such
corrections plus 10% of all costs. The Township, in such event and
pursuant to its authority or otherwise authorized police powers, shall
have the right and power to enter upon the offending premises to accomplish
the foregoing.
A.Â
Any person aggrieved by the decision of the Zoning Officer may request
and shall be granted a hearing before the Board, provided that such
person files with the Board, within 10 days after notice of the Zoning
Officer's decision, a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor. The hearing
shall commence not later than 30 days after the date on which the
petition was filed unless postponed for sufficient cause.
B.Â
After such hearing, the Township shall sustain, modify or overrule
the action of the Zoning Officer.
[Amended 7-3-2000 by Ord.
No. 93[1]]
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this chapter
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. All fines, penalties, costs and
reasonable attorney’s fees collected for the violation of this
chapter shall be paid to Pocono Township for its general use.
