[Adopted 12-7-2015 by Ord. No. 3-2015]
This article shall be known as the "Manor Township Disruptive
Conduct Ordinance."
The purpose of this article and the policy of Manor Township
shall be to give the Manor Township Police Department another tool
to handle complaints between neighbors when there is disruptive conduct
involved. As a means to these ends, this article provides for a system
to regulate disruptive behavior in residential rental units, and penalties.
As used in this article, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
A person designated by the Township to enforce ordinances,
including the appeals of disruptive conduct reports.
DISRUPTIVE CONDUCT
Any act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise as defined Chapter
299, Noise, or the Pennsylvania Crimes Code, Section 5503, Disorderly Conduct Section (a)(2). Use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as "disorderly conduct" in the Pennsylvania Crimes Code or any act prohibited in Chapter
117, Alcoholic Beverages. Chapter
178, Curfew, and Chapter
299, Noise, of the Township Code or which otherwise injures or endangers the health, safety or welfare of the residents of the Township residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of disruptive conduct, as defined herein; provided, however, that no disruptive conduct shall be deemed to have occurred unless a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences in writing.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by
a police officer who actually investigates an alleged incident of
disruptive conduct.
MANAGER
A person retained by an owner to be responsible for one or
more residential rental units within the Township.
OCCUPANT
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
OWNER
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected and maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in copartnership, each such person shall
be considered an owner and shall have all of the duties of an owner
under this article.
PERSON
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
PERSONAL-CARE HOME
A premises in which food, shelter, and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration, and which meets
the regulations of any applicable government licensing agency.
PREMISES
Any parcel of real estate within the Township, including
the land and all buildings and appurtenant structures, on which one
or more residential rental units are located.
RESIDENTIAL RENTAL UNIT
A rooming unit or a dwelling unit for rent or a residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, and each rooming unit shall be considered
a separate residential unit. If a structure contains a rooming unit
or if any portion of the structure is let for rent, it shall be considered
a residential rental unit, whether or not the owner or a relative
of the owner also resides in the structure. A residential rental unit
shall not include a hotel unit or a personal-care home. A residential
rental unit includes dwelling units under lease-purchase agreements
or long-term (greater than six months) agreements of sale. A portion
of a dwelling unit including any room or group of rooms forming a
single habitable unit used or intended to be used for living and sleeping,
but not for cooking purposes. Granting of permission to use shared
or common cooking facilities may be associated with the leasing of
a rooming unit.
TOWNSHIP
The Township of Manor, Lancaster County, Pennsylvania.
Each occupant of a residential rental unit shall have the following
duties:
A. Comply with all obligations of this article and all applicable codes
and Township ordinances as well as all state laws and regulations.
B. Conduct himself/herself and require other persons, including but
not limited to guests on the premises and within their residential
rental unit with their consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
C. Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct or other violations of this article, codes, Township ordinances,
or applicable state laws.
D. Not allow persons other than those identified on the lease to reside
in the residential rental unit.
E. Not permit the possession of, serving to or consumption of alcohol
by underage persons.
An appeal from any decision of the Code Enforcement Officer
shall be taken to a board approved by the Manor Township Supervisors.
This board shall consist of a Manor Township Supervisor, Township
Manager and/or Assistant Manager and the Township Chief of Police.
Such appeal shall be made in writing within 10 working days after
such decision has been made. The appeal shall be verified by an affidavit,
shall state the grounds therefor and shall be filed with the Township
Secretary. The appeal shall be accompanied by the appeal fee, which
shall be established by resolution of the Manor Township Supervisors.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. The
Township Supervisors shall make a prompt decision on such appeal.
The Township Supervisors shall render a written decision, within 60
days of receipt of the appeal, copies of which shall be provided to
the code official and the appellant.