Township of North Newton, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 256.
[Adopted 8-1-1977 by Ord. No. 77-1]
This article shall be known as the "North Newton Township Vector Control Ordinance."
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.
BREEDING AREA
Any condition which provides the necessary environment for the birth or hatching of vectors.
COLLECTION OF WATER
Water contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind, or other containers or devices which may hold water.
COVERED RECEPTACLE
A container of metal, wood, heavy-duty plastic or synthetic material of solid construction, nonleaking, with a tight-fitting cover secured against wind.
DEP
Department of Environmental Protection, Commonwealth of Pennsylvania.
DILAPIDATED
Fallen into partial ruin or decay.
DISPOSAL
The storage, collection, disposal or handling of refuse.
EXTERMINATION
The control and elimination of vectors by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging, larviciding, trapping or by any other recognized and legal vector control elimination methods approved by the local or state authority having such administrative authority.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
HARBORAGE
Any place where vectors can live, nest or seek shelter.
OCCUPANT
Any person living, sleeping, cooking or eating in or actually having possession of, a dwelling unit or a rooming unit; except that in dwelling units, a guest will not be considered an occupant.[1]
OWNER
Any person who, alone or jointly or severally with others:
A. 
Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
B. 
Shall have charge, care, or control of any premises, dwelling, or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
Any person, firm, partnership, association, or corporation.
REFUSE
All solid wastes, except human body wastes, and shall include garbage, ashes and rubbish.
RUBBISH
Glass, metal, paper, plant growth, wood, or nonputrescible solid wastes.
VECTOR
A rodent, arthropod, or insect capable of transmitting a disease or infection. Vectors shall include but not be limited to rats, mosquitoes, cockroaches, flies, ticks.
VECTOR-PROOFING
A form of construction to prevent the ingress or egress of vectors to or from a given space or building or gaining access to food, water, or harborage. This term shall include, but not be limited to, ratproofing, fly-proofing, mosquito-proofing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person to deposit or to knowingly permit any person acting as agent, employee, or servant of said person to deposit any refuse, offal, pomace, dead animals, decaying matter, or organic substance of any kind in or upon any private lot, building, structure, accessory structure, premises, or in or upon any street, avenue, alley, parkway, ravine, ditch, gutter, or into any of the waters of the commonwealth so that same shall or may afford food, harborage or breeding areas for rats, flies or vectors.
B. 
It shall be unlawful for any person, firm, or corporation to deposit or permit to accumulate in or upon any premises, improved or vacant, or on any open lot, or alley, any lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster, or rubbish of any kind, unless the same may be kept in covered receptacles or placed on open racks that are elevated not less than 18 inches above the ground, and evenly piled or stacked, or unless disposed of in a manner approved by DEP.
C. 
It shall be unlawful to maintain a junkyard or a place for the dumping or wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, in such a manner as to afford harborage or breeding areas for vectors.
D. 
It shall be unlawful to store refuse in containers other than covered receptacles, which shall be kept clean by rinsing and draining as often as necessary so as not to provide food or breeding areas for vectors.
E. 
It shall be unlawful to dump, burn, bury, destroy, or otherwise dispose of refuse except at an approved refuse disposal site.
F. 
It shall be unlawful to collect, haul, transport, or convey garbage in open, unenclosed, non-leakproof vehicles.
G. 
It shall be unlawful to construct, maintain, or use a sewage system, privy, urinal, cesspool, or other receptacle for human excrement so that vectors may have access to the excrementitious matter contained therein.
H. 
It shall be unlawful to permit weeds, or similar vegetation more than 12 inches high to remain standing in any vacant lot, yard, or other place so as to provide a harborage or breeding area for vectors.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
It shall be unlawful to have, keep, maintain, cause or permit any collection of standing or flowing water except for agricultural or industrial purposes in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as effectually to prevent such breeding.
A. 
Every owner of a dwelling containing two or more dwelling units shall maintain in clean and sanitary condition the shared or public areas of the dwelling and premises thereof, in such a manner as to prevent breeding areas and harborages for vectors.
B. 
Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for extermination within his dwelling unit. Notwithstanding; the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
A. 
Any dwelling, building, structure, accessory structure, premises or any other place may be required to be vector-proofed when found to provide harborage of breeding areas for vectors; upon written notice at least 10 days prior to hearing and upon hearing by the Board of Supervisors with an opportunity for owner to be present, to cross-examine witnesses, and to provide witnesses in his behalf with written decision served on owner to be rendered within 20 days after hearing and with right of appeal to Court of Common Pleas.
B. 
It shall be unlawful for the owner, occupant, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the vector-proofing from any building, structure or accessory structure for any purpose.
A program plan and specifications for private vector control programs may be required to be submitted by owner to Township upon determination of necessity by the Code Enforcement Officer. Said determination shall be served on owner personally or by certified mail. Within 10 days of said service, owner may contest the necessity of the program by requesting hearing to be conducted in accordance with § 223-5. Said program plan shall be submitted by the owner to the Board of Supervisors within 30 days of notice. The program plan shall state the type of vectors to be controlled, the name of the company contracted to carry out the program, if any, and any and all work to be conducted in an effort to control said vectors. The Board of Supervisors shall review the program plan by the Code Enforcement Officer, and if it is found to be inadequate or incomplete, additional information may be required as well as additional control methods. Owner may request hearing on the Board's determination in accordance with § 223-5.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
From and after passage of this article, the Township and/or a representative of the vector control program is empowered to make periodic inspections of the interior and exterior of all dwellings, buildings, structures, and accessory structures, premises, collections of water, of any other places to determine full compliance with this article, and to determine evidence of vector infestation and the need for vector-proofing or additions or repairs to existing vector-proofing.
B. 
Whenever it shall be determined by the Board of Supervisors that any dwelling, building, structure, accessory structure, premises, collection of water, or any other place is in violation of this article, a notice shall be issued setting forth the alleged violations, and advising the owner, occupant, operator or agent that such violations must be corrected. The time for the correction of said violations must be given as well as the necessary methods to be employed in the correction.
C. 
Whenever said violations shall fail to be corrected within the time set forth, and an extension of this time is not deemed to be necessary, the Township may proceed to abate said violations in the manner provided by the law.
D. 
Owner shall have the right to appeal from said determination by hearing in accordance with § 223-5.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-5-1993 by Ord. No. 93-1]
This article shall be known and may be cited as the "North Newton Township Weed and Vegetation Control Ordinance."
The following terms shall be construed in this article to have the following meanings, except in those instances where the context clearly indicates otherwise:
PERSON
Any natural person, association, partnership, firm or corporation. The singular shall include the plural and the masculine shall include the feminine and the neuter.
VEGETATION
Shall mean, but not be limited to, grass, weeds, vines and similar growths, jimson, burdock, ragweed, thistle, cocklebur, chicory and those weeds defined and appearing on the noxious weed control list as authorized and defined under the Noxious Weed Control Law, Act No. 1982-74, P.L. 228 (3 P.S. § 255.1 et seq.). Vegetation may be considered a nuisance if it throws off any unpleasant or noxious odors, conceals any filthy deposit, produces pollen or is not planted for some useful, ornamental or agricultural purpose.
Vegetation growing to a height exceeding 12 inches on any lot or tract of ground in North Newton Township is hereby declared to be a nuisance detrimental to the health, safety, welfare and comfort of the residents of North Newton Township and abatable as such.
A. 
It shall be unlawful for any person owning, leasing or having a present interest in any real estate located in whole or in part in North Newton Township to permit vegetation as defined herein to grow to a height exceeding 12 inches.
B. 
All vegetation on any premises growing to a height exceeding 12 inches shall be cut by the person, owner, lessee or other individual having a present interest in said real estate. Failure to comply herewith shall constitute a violation of this article.
It shall be the duty of the Township Supervisors, or any other party or parties designated by the Board of Supervisors of North Newton Township, upon complaint of citizens or property owners or otherwise, to investigate an alleged violation of this article, and if a violation exists, to notify the person allegedly in violation of the following:
A. 
The belief of the Township that a violation exists for which the person is responsible.
B. 
A description of the location and nature of the alleged violation;
C. 
That the violation must be abated or removed by the said person within five days of receipt of notice;
D. 
Each five-day continuance of a violation of the provisions of this article shall constitute a separate offense which will not require the Township to provide additional or subsequent notification of said violations;
E. 
Failure to comply with the directions of the Township may result in the abatement or removal of the nuisance by the Township or its authorized representative and the cost of said removal or abatement shall be assessed against the violator together with the additional amount of 10% of such cost, to be collected by summary proceedings or in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a complaint. Provided, however, the imposition of such cost and additional amount may be in addition to any other penalty provided for in this article.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In the exercise of the powers herein conferred, the Board of Supervisors of North Newton Township may institute proceedings in courts of equity.
The provisions of this article, so far as they are the same as those of ordinances in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and not as new enactments. Provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any other ordinance.