[Ord. 512, 6/17/2009, § 1]
1.Â
The Council hereby makes the following findings:
A.Â
The accumulation or storage of junked, abandoned or discarded vehicles,
trailers, boats, appliances and household furnishings creates a hazard
and danger to the health and welfare of people of the Borough.
B.Â
The accumulation or storage of junked, abandoned or discarded vehicles,
trailers, boats, appliances or household furnishings provides a breeding
area for rodents and other unhealthful animals.
C.Â
The accumulation or storage of junked, abandoned or discarded vehicles,
trailers, boats, appliances or household furnishings creates an attractive
nuisance for children who are not aware of the danger involved in
them.
D.Â
The accumulation or storage of junked, abandoned or discarded vehicles,
trailers, boats, appliances or household furnishings violates all
concepts of ecological and environmental principles and creates a
hazard and danger to the health and welfare of people of the Borough.
E.Â
The creation, existence, continuation, maintenance or authorization
of any nuisance at any place within the Borough causes or results
in annoyance or discomfort to persons; interferes with the health
and/or safety of persons who come into contact with such nuisance
or of persons who might reasonably be expected to come into contact
with such nuisance; and/or causes disturbance to or interference with
the peaceful use of the property of others within the Borough.
[Ord. 512, 6/17/2009, § 2]
As used in this part, the following words and terms shall have
the meanings ascribed to them in this section:
Any item resting or left unattended for 48 hours or more
and which is inoperable or without current registration plates or
certificate of inspection or in such a condition as to be unusable
for the purpose for which it was originally intended.
A motor vehicle that is inoperable and left unattended on
public property for more than 48 hours; or has remained illegally
on public property for more than 48 hours; or is left unattended on
or along a public street or highway without a valid registration plate
or a valid and current inspection; or that has remained on private
property without the consent or permission of the owner or person
in possession or control of the property for more than 48 hours.
A stove, refrigerator, television, video screen, computer,
furnace, water heater, water softener, washer, dryer or mangle, any
household article used to perform any of the normal and customary
functions in a residence and any article of production or service
used in a commercial or industrial enterprise or activity.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
Any item resting for 96 hours or more with no known or apparent
owner.
All items normally found and used in a home.
A motor vehicle that is without a valid registration plate
or valid and current inspection and is unable to operate and move
under its own power or has not been moved for a period of 30 days
or more.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes or regulations of the Commonwealth
of Pennsylvania or the ordinances or regulations of the Borough.
Any use of property or activity within the Borough or any condition
upon property within the Borough that causes or results in injury,
damage harm, loss, annoyance or discomfort to the public or such part
of the public as comes in contact with such use, condition or activity
or to persons beyond the boundaries of that property; or any use,
condition of or activity upon property which interferes with the health
and/or safety of persons beyond the boundaries of that property or
of persons who might reasonably be expected to enter upon or be in
that property; and/or any disturbance to or interference with the
peaceful use of the property of others within the Borough, which in
all cases shall take into consideration the location of the use or
condition and the nature and condition of the surrounding neighborhood.
Specifically, the word "nuisance" shall include, but shall not be
limited to, the following:
Keeping or harboring any dog or other animal or fowl which,
by frequent howling or barking or other noise or odor, shall annoy
or disturb persons of ordinary sensibilities in the neighborhood.
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises:
Open wells or cisterns.
Open excavations.
Buildings, foundations or other structures which are not in
compliance with all applicable building and construction codes, ordinances,
laws or statutes.
Dangerous placement of materials or equipment.
Bodies of water or swimming pools not property safeguarded.
Stagnant water in pools in which mosquitoes, flies or similar
insects may grow and multiply.
Carrying on any building or road construction, excavation or
trenching or the operation of heavy equipment or trucks in connection
therewith at any time between the hours of 11:00 p.m. and 7:00 a.m.
of the following day without a special permit issued by the Code Official.
That special permit shall be issued only if it is shown that the construction
work must proceed as a matter of emergency or that it can be carried
on in such a manner or in such a place that the public or residents
will not be annoyed or disturbed by that construction work.
Carrying on construction work in such a manner that dirt, pollution,
debris or other airborne particles are carried by air or wind onto
adjacent properties or that mud, dirt, soil or debris is tracked,
carried, deposited or drained into or onto the sidewalks or the streets
within the Borough or into or onto the property of others.
Washing, tracking or otherwise depositing dirt, mud, soil, stone
or debris upon or onto the pavement of any street without removing
the material as soon as possible or as directed by the Police or Code
Enforcement Official.
Using any property or operating any business or other activity
so as to permit or cause smoke, soot, cinders, fly ash, dust, mud,
dirt, acid, noxious or offensive fumes, pollutants, gases or odors
to be carried off the premises or to cause any water to become polluted
by sewage, wastes or other substance or to cause a glare from lights
or noise of such character as to cause annoyance to residents or interference
with the normal and peaceful use of adjacent properties.
Creation or maintenance of attractive nuisances, including,
but not limited to, the creation or existence of a dangerous condition,
activity or instrumentality, which, by its character is dangerous
and attractive to children and in a place frequented by children.
The accumulation or storage of junked, abandoned or discarded
vehicles, trailers, boats, appliances or household furnishings.
Pushing, shoveling or otherwise depositing snow, ice or any
combination containing the same upon any sidewalk, cartway or traveled
portion of any dedicated or public street, alley, road or highway.
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
It shall be unlawful for any person to create, continue,
cause, maintain or permit to exist within the Borough any nuisance.
An automobile, motorcycle, motorbike, minibike, bicycle,
go-cart, truck or other wheeled means of conveyance, motorized or
self-propelled.
[Ord. 512, 6/17/2009, § 3]
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough shall, within 10 days after notice from the Borough Council or any duly designated officer, official, employee or agent of the Borough to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, the Borough Council shall have authority, in person or by its contractors, agents, officials and/or employees, to remove or abate the nuisance and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, the Borough Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, together with a penalty in an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit. The cost and expense shall be in addition to any penalty imposed under § 10-104.
[Ord. 512, 6/17/2009, § 4; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
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 less than $100 nor more than
$1,000 plus costs together with reasonable attorney fees 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. Any duly appointed police officer
of the Borough of Manor, any duly appointed Code Enforcement Officer
of the Borough of Manor or any other official or agency duly appointed
by Council is hereby designated and authorized to undertake enforcement
of this part.
[Ord. 512, 6/17/2009, § 5]
This part shall not be construed to be the sole means for abatement
of nuisances within the Borough, and nothing shall preclude any person
from proceeding individually or with other injured persons to effect
the abatement of a private nuisance. Furthermore, in the exercise
of the powers conferred in this part, the Borough may institute proceedings
in equity.
[Ord. 512, 6/17/2009, § 6]
If any provision of this part is in conflict with any provision of any ordinance of the Borough or any state or federal law, the provision which establishes the higher standard for the promotion and protection of the health, safety and general welfare of the residents of the Borough shall apply and prevail. In particular, the provisions of the Borough's Property Maintenance Code [Chapter 5, Part 2] are to be construed together (in pari materia) with this part.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Contamination of air that will create or is likely to create
a public nuisance, or which creates a nuisance for any person who
is impacted by such pollution; or which will render the air harmful,
detrimental or injurious to the health, safety or welfare of the public.
An outdoor fire utilized for ceremonial purposes.
The Council of the Borough of Manor.
All materials incidental to construction, remodeling or demolition
of all or parts of buildings, including, but not limited to, shingles,
asbestos, Styrofoam, wire, insulation, treated wood, but not including
untreated wood.
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, smoldering shall have the same meaning
as burning and any smoldering shall be deemed a burning.
Trees, shrubs, and other vegetation which are cleared from
land during, after or prior to the process of construction or demolition.
The term does not include building materials or demolition wastes.
The destruction of a dwelling or building, or any part thereof,
on site.
Refers to the official or employee of the Borough, appointed
by Council.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
As defined in 25 Pa. Code § 271.1.
As defined in 25 Pa. Code § 271.1.
Any device specifically designed for the destruction by burning
of refuse, sewage, sludge, or any other combustible material.
The improvement of one or more lots, tracts or parcels of
ground for any of the following:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other feature.
As defined in 25 Pa. Code § 271.1.
As defined in 25 Pa. Code § 271.1.
A fire, burning combustible materials, thereby creating air
contaminants which are emitted directly into the outdoor atmosphere
and not directed thereto through a flue or chimney from an enclosed
chamber. Open burning does not include road flares, smudge pots and
similar devices associated with safety or occupational uses typically
considered open flames. It also does not include recreational burning,
outdoor fireplaces and grills and cooking devices. For the purpose
of this definition, a chamber shall be regarded as enclosed when,
during the time combustion occurs, only apertures, ducts, stacks,
flues or chimneys necessary to provide combustion air and permit the
escape of exhaust gas are open.
Any individual, partnership, association, public or private
corporation for profit or not for profit, trust, estate, department,
bureau, agency or other legal entity.
A portable, outdoor solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
The burning of clean firewood and/or manufactured burning
products, where the fuel area is no greater than four feet in diameter;
and two feet or less in height. Such fires may be for pleasure or
religious, ceremonial, cooking or similar purposes.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, tree branches, tree leaves,
yard trimmings, furniture, tin cans, glass, crockery, masonry, and
other similar materials.
Any business, trade or industry engaged in whole or in part
salvaging or reclaiming any product or material, including, but not
limited to, metals, chemicals, shipping containers or drums.
All solid or liquid materials or rubbish resulting from construction
building operations or the prosecution of any business, trade or industry
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials; provided that "trade waste" shall
not include any coal refuse associated with the mining or preparation
of coal.
Waste from yard maintenance, specifically untreated wood
or tree limbs. Leaves that have separated from the tree limb are specifically
excluded from this definition.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
1.Â
All outdoor burning and fires are expressly prohibited except as
may be authorized under the terms hereof.
2.Â
A permit, issued by the Fire Code Official of the Borough of Manor,
his designated agent or any other official or employee of the Borough
of Manor designated by Borough Council, shall be required before any
authorized outdoor burning as set forth in this Part is permitted
by the volunteer fire department of the Borough of Manor.
3.Â
The Council of the Borough of Manor shall, from time to time by resolution,
adopt and authorize a permit form and schedule of fees to be imposed
for the issuance of permits hereunder.
4.Â
No person or persons shall set or maintain any outdoor burning of
fires upon any sidewalk or the paved portion of any street, alley
or public ground in the Borough of Manor.
5.Â
No person or persons shall deliberately, knowingly, carelessly or
negligently set fire to or cause the burning of any material in such
manner to endanger the safety of any person or property.
6.Â
The Fire Code Official of the Borough of Manor, his designated agent
or any other official or employee of the Borough of Manor designated
by Borough Council shall be authorized to order extinguishment of
any burning, by any person responsible for the burning, that creates
or adds to a hazardous or objectionable situation.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
1.Â
The following regulations shall apply to all outdoor burning or fires:
A.Â
All outdoor burning or fires in the Borough shall be prohibited except
as hereinafter set forth.
B.Â
All permitted burning or fires shall be at least 25 feet from any
residential dwellings.
C.Â
No person or persons shall set or maintain any permitted burning
or fires closer than 10 feet to any property line.
D.Â
No person or persons shall burn or cause to be burned any hazardous
waste, household hazardous waste, leaf waste, municipal waste, and
refuse or any other materials that are otherwise prohibited by law.
E.Â
Outdoor fireplaces, recreational burning and grills or cooking devices,
used solely for food preparation purposes, shall be exempt from the
open burning provisions of this Part; provided that such open-flame
devices fueled or started by flammable or combustible gases or liquids
shall be enclosed or installed in such a manner as to prevent the
flame from contacting combustible material situate outside of the
device.
F.Â
Recreational burning fires for amusement purposes confined to purpose
built devices meeting the definition set forth herein shall be permitted
without the necessity of obtaining a permit, provided that such fire
and device:
(1)Â
Are not within 10 feet of a structure or property line.
(2)Â
Have a water extinguishing or equivalent source of extinguishment
readily available and attended at all times.
(3)Â
Will, upon completion of the burn period, be completely extinguished.
(5)Â
Are continuously attended and monitored until the fire is extinguished.
G.Â
Recreational burning, outdoor fireplaces and grills or cooking devices
shall not burn or smolder during the time period between 11:00 p.m.
and 8:00 a.m. of the following day.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
1.Â
All outdoor burning or fires at areas of land development for the
purpose of clearing the property and removal of vegetation and other
debris ("clearing and grubbing wastes," as herein defined) shall not
be permitted.
2.Â
No person or persons at a land development site as defined herein
shall burn or cause to be burned any hazardous waste, household hazardous
waste, leaf waste, municipal waste, and refuse or any other materials
that are otherwise prohibited by law.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
1.Â
All outdoor burning or fires at areas of salvage operations or demolition
operations, as defined by this Part, shall be prohibited.
2.Â
No person or persons at areas of salvage operation or demolition
projects shall burn or cause to be burned any hazardous waste, household
hazardous waste, leaf waste, municipal waste, and refuse or any other
materials that are otherwise prohibited by law.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
No person shall set or maintain any outdoor burning or fires
during the construction or remodeling of any structure within the
Borough of Manor.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
2.Â
Upon obtaining a permit at no cost from the Fire Code Official, his
designated agent or any other official or employee of the Borough
of Manor designated by Borough Council, the volunteer fire department
of the Borough of Manor may burn a structure, objects or material
for the purpose of firefighting instruction and practice, provided
that said burning activity is a controlled burning activity and supervised
by the volunteer fire department as otherwise permitted by law. Prior
to such activities the department shall obtain and submit to the Fire
Code Official a copy of the permit from the Department of Environmental
Protection, Bureau of Air Quality, for an open burning exception for
firefighting instruction; and, if necessary, an asbestos abatement
and demolition/renovation approval.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 581-19-01, 2/20/2019]
1.Â
Any person who shall violate any provision of this Part shall be,
upon conviction, guilty of a summary offense. Any violation of this
Part shall be enforced by an 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. A separate offense
and violation shall arise for each day or portion of a day in which
a violation is found to exist or for each provision of this Part which
is found to have been violated.
2.Â
The initial determination of whether any provision of this Part has
been violated, as well as service of notice of such violation, shall
be made by the Fire Code Official, his designated agent or any other
official or employee of the Borough of Manor designated by Borough
Council.
[Ord. No. 538, 10/3/2003, as amended by Ord. No. 572-17-03, 4/19/2017; and by Ord.
No. 581-19-01, 2/20/2019]
1.Â
Any person who shall violate any provisions of this Part shall, upon
conviction thereof, be sentenced to pay a fine of not less than $250
and not more than $1,000, and/or imprisonment to the extent allowed
by law for the punishment of summary offenses.
2.Â
Any person found guilty of violating any provision of this Part shall
be assessed any and all court costs in the prosecution of the same,
together with reasonable attorney fees incurred by the Borough in
any and all enforcement proceedings.
[Added by Ord. No. 581-19-01, 2/20/2019]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part.
[Added by Ord. No. 581-19-01, 2/20/2019]
All ordinances or parts of ordinances, which are inconsistent
herewith, are hereby repealed.
