[Ord. 5/7/1986, § 10-101; as amended by Ord. 2010-01,
3/23/2010]
1. The following uses of the activities upon real property in the Township
of East Fallowfield are hereby declared to be nuisances and are hereby
prohibited:
A. The use of any premise as a trash or garbage dump.
B. The depositing, accumulating, dumping of any amount of trash or garbage
upon the premises of another, or in any streams of other bodies of
water, or on highways, or upon public property.
C. The burning or setting fire to trash, rubbish, refuse, or garbage
brought upon and accumulated or stored on any premises from any other
locations.
D. The accumulating or storage of junked or wrecked automobiles as an
automobile graveyard.
E. The contents of privies, cesspools, or other receptacles containing
human excrement shall not be used on ground within the limits of the
Township unless subjected to treatment by a method approved by the
Department of Environmental Protection and in accordance with regulations
of the Department of Environmental Protection.
F. The accumulation or storage of scrap metal or other waste material
as a junkyard.
G. The storing of gasoline, kerosene, or other petroleum products in
excess of 500 gallons, except by gasoline service stations or petroleum
products companies.
H. Any use of or activity upon property that by reason of flames, smoke,
odors, fumes, noise, or dust unreasonably interferes with the reasonable
use, comfort and enjoyment of a neighbor's property or endangers
the health or safety of the occupants of a neighboring property; offensive
use shall not include farming or other allied occupation heretofore
in existence and practiced within the Township of East Fallowfield.
I. The excessive or unreasonable accumulation of scrap, junk, trash,
or garbage upon a premises causing odors, fumes, or unsightly appearance
to neighboring property owners.
J. Abattoir, glue factory, fireworks factory, fertilizer plants, bone
yard, chemical works, or any other obnoxious or new offensive business
or factory.
[Ord. 5/7/1986, § 10-102]
No person shall permit any body of water that has or may become
stagnant to remain on the premises owned or occupied by him. Upon
receipt of a notice that a condition exists upon a property owned
or occupied by him, it shall be his duty to abate the nuisance created
thereby, within the time limit specified in said notice.
[Ord. 5/7/1986, § 10-103]
No person shall run, cast, or deposit, either by means of a
drain or otherwise, upon any street or alley in the Township, any
kitchen slops, wash water, soap suds, or any other nauseous or offensive
liquor or substance.
[Ord. 5/7/1986, § 10-201; as amended by Ord. 5/17/1989]
ABANDONED AUTOMOBILE
Shall, without limitation, be conclusively presumed to include
any motor vehicle, as to which one or more of the following conditions
exist:
A.
A vehicle bearing no official inspection sticker, or a sticker
not currently valid, or not bearing a current license tag and any
one of the following conditions is observed:
(1)
The presence of broken glass.
(2)
The existence of exposed sharp metal or plastic surfaces.
(3)
Exposed rust and/or holes in the body of the vehicle.
(4)
Missing tires or wheels resulting in unsafe suspension of the
vehicle.
(6)
Disassembled or discarded parts including, tire, which might
attract children, harbor animals or vermin, or otherwise pose a danger
to the public health, safety, or welfare.
(7)
Rusting, leaking, or damaged oil pans or gas tanks which could
cause fire or explosion.
(8)
Exposed battery containing acid.
(9)
Missing doors, or doors containing inoperable locking mechanisms.
(10)
Such other conditions and considerations as might pose a danger
to the public health, safety, or welfare, or otherwise constitute
a nuisance in fact.
AUTOMOBILE GRAVEYARD
For the purpose of this Part, an automobile graveyard shall
mean the storage of two or more junked or wrecked automobiles on any
premises, but shall not include the storage of wrecked automobiles
in connection with an automobile repair business, where the wrecked
automobiles are stored merely awaiting the repair thereof in the future.
TRASH OR GARBAGE DUMP
For the purposes of this Part, a trash or garbage dump shall
be considered the accumulation or storage of trash, refuse, rubbish,
or garbage which has been accumulated on, brought upon, or conveyed
to a premises from sources or locations other than the premises upon
which said trash, refuse, rubbish, or garbage is stored or accumulated,
whether the owner of such premises is compensated for said dumping
or not.
[Ord. 5/7/1986, § 10-301; as amended by Ord. 5/17/1989;
and by Ord. 2010-01, 3/23/2010]
1. Any and every violation of the provisions of this Part upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
2. Any abandoned automobile (vehicle), the possession of which is prohibited
under this or any other ordinance of East Fallowfield Township shall
be removed upon notice by Township Police, and/or the Township Code
Enforcement Officer, pursuant to the following provisions of this
Part.
3. Notice. Upon determination of the existence of a nuisance as defined
in this Part the Township Code Enforcement Officer, any Police Officer
of the Township of East Fallowfield, or any other official designated
by the Board of Supervisors of East Fallowfield Township to enforce
this Part, shall cause notice to be sent by regular or certified mail
or personally delivered to the property owner, manager, lessee, and/or
any identified local agent of the owner, manager, or lessee describing
the reasons that the concerned property is in violation of this Part
and requiring corrective action within 10 days from the date of mailing
or posting of this notice. Where the mailing address of the property
owner, manager, lessee, and/or local agent may not be determined after
reasonable investigation, the notice shall be deemed given and sufficient
if conspicuously posted upon the property. Failure to take corrective
actions sufficient to eliminate the nuisance as defined in this Part
within the ten-day notice period shall constitute a violation of the
Part and the vehicle shall be conclusively presumed and deemed abandoned.
[Ord. 5/7/1986, § 10-302; as amended by Ord. 5/17/1989;
and by Ord. 2010-01, 3/23/2010]
Following the effective date of this Part, it shall be duty
of any owner of an abandoned automobile, or the owner, lessee, or
occupant of the real property upon which there is an abandoned automobile,
to remove or cause to be removed said abandoned automobile within
reasonable time, but not more than 10 days after receipt of notice
from the Chief of Police or his agent and/or the Code Enforcement
Officer so to do.