[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.
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.
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.
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.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
Any person who violates any provision of this chapter shall,
upon conviction thereof before any Magisterial District Judge, be
sentenced to pay a fine of not more than $1,000. Each violation shall
constitute a separate offense, for which a summary conviction may
be sought.
[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.
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.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
Any person who violates any provision of this chapter shall,
upon conviction thereof before any Magisterial District Judge, be
sentenced to pay a fine of not more than $1,000. Each violation shall
constitute a separate offense, for which a summary conviction may
be sought.
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.