[HISTORY: Adopted by the Board of Supervisors of the Township
of Warrington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-12-1996 by Ord. No. 96-7 (Ch. 1, Part 3, § 302,
of the 1995 Code of Ordinances)]
A.
In addition to the powers provided by 53 P.S. § 66905 (regarding
powers of police officers), and by 42 Pa.C.S.A. § 6324(3)
(regarding taking a juvenile into custody), police officers of Warrington
Township shall, upon view, have the right of arrest without warrant
upon probable cause when there is ongoing conduct that imperils the
personal security of any person or endangers public or private property
for the following offenses:
B.
When a defendant has been arrested without a warrant for a summary
offense, police officers shall comply with the requirements of the
applicable Pennsylvania Rule of Criminal Procedure governing the procedure
following arrest without a warrant.
[Adopted 12-10-2013 by Ord. No. 2013-O-10 (Ch. 1, Part 11, of the 1995
Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall be defined as follows, unless the context clearly indicates
otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Township for use by the
public to deposit small quantities of hand-held trash, but not household
or commercial waste.
Includes, but is not limited to, depositing of litter, depositing durable goods (refrigerators, washers, dryers, etc.), small appliances, furniture, carpets, tires, vehicles, vehicle parts and automotive products and other such municipal waste, hazardous waste, residual waste and constructions or demolition debris on public or private property, except as authorized by Warrington Township Code of Ordinances, Chapter 280, Solid Waste.
Includes any and all unauthorized inscriptions, words, figures,
paintings or other defacements that are written, marked, etched, scratch,
sprayed, drawn, painted or engraved on or otherwise affixed to any
surface of public or private property, including, but not limited
to, building structures, fences, walls, vehicles, transport trailers,
railroad cars, dumpsters, etc. Graffiti shall not be construed to
apply to easily removable chalk markings on the public sidewalk and
streets used in connection with traditional children's games.
Any waste material or a combination of solid, liquid, semisolid
or contained gaseous material that, because of its quantity, concentration,
physical, chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness;
and
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
A waste which would be chemically or physically classified
as a hazardous waste but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations.
Any vehicle which presents a harm or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state
or condition of disrepair:
Rusted and/or jagged metal on or protruding from the vehicle's
body.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks or other similar apparatuses.
Harboring of rodents, insects or other pests.
Without valid Pennsylvania state inspection.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair.
Includes, but is not limited to, all waste material, garbage,
trash (i.e., wastepaper, tobacco products, wrappers, food or beverage
containers, newspapers, etc.), municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited or disposed or stored.
Any person under the age of 18 years.
Any garbage, refuse, industrial, lunchroom or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities
and which is not classified as "residual waste" or "hazardous waste"
as defined herein.
A written document issued to a person in violation of a Township
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Every natural person, firm, corporation, partnership, association
or institution.
The nonconcrete space in the sidewalk filled with dirt and/or
grass.
Any land and the improvements thereon, not within any public
right-of-way, owned by any person and includes front, side and rear
yards; vacant lots, buildings and other structural improvements; walkways
and alleyways; and parking areas, designed or used either wholly or
in part for private residential, industrial, or commercial purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Any condition or premises which is unsafe or unsanitary or
any condition that threatens the health, morals, safety, comfort,
convenience, or welfare of a community or enjoyment of property.
Any police officer, authorized inspector or public official
designated by the Board of Supervisors to enforce Township ordinances.
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk, trail or utility easement, including
curb and gutter areas.
Material which would otherwise become municipal waste, which can be collected, separated or processed and returned to the economic mainstream in the form of raw material or products. These materials are designated by the regulations promulgated under Chapter 280, Solid Waste.
Any discarded material or other waste including solid, semisolid
or contained gaseous materials resulting from construction, industrial,
mining and agricultural operations, excluding municipal water and
sewer operations.
Includes any small or light vehicle, typically owned by and
used at retail stores, that is moved by hand and used to carry groceries
and other such items.
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
A narrow board or platform mounted on wheels designed to
be operated by the rider standing thereon or sitting and propelled
by human power or gravity.
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
Any planting that is cultivated and managed for edible or
ornamental purposes, such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
Issued by a police officer or other sworn public officer
to a person who violates a provision of this article.
All grasses, annual plants and vegetation, which meet any
of the following criteria:
Exceed six inches in height.
Emit unpleasant or noxious odors or pollen, such as ragweed,
dandelion and miscellaneous other vegetation commonly referred to
as "weeds" or "brush."
May conceal filthy deposits or serve as breeding places for
mosquitoes, vermin or other insects.
May cause a public nuisance.
The following are the types of violations that will be subject
to the new interim enforcement provisions. The appropriate Code sections
are referenced and enhanced where noted:
A.
Illegal litter deposits.
(1)
No person shall throw, scatter, deposit or sweep litter or cause
litter to be on any public place such as a street, sidewalk, park,
playground, or public open space, nor onto any private property, except
in authorized receptacles.
(2)
No person shall deposit household or commercial waste in an authorized
litter receptacle. Only small quantities of hand-held trash may be
placed in authorized litter receptacles.
(3)
Persons shall deposit litter in authorized litter receptacle in such
a manner as to prevent it from overflowing the receptacle.
(4)
No person shall damage, deface, abuse or misuse any litter receptacle
so as to interfere with its proper function or to detract from its
proper appearance.
(5)
No person shall throw, scatter or deposit litter or dump liquids
in any Township storm drain inlet.
B.
Vehicular litter.
(1)
No person shall throw, scatter or deposit litter from a vehicle upon
any public street or other public place with the Township or upon
private property.
(2)
The owner or operator of any motor vehicle from which the aforementioned
litter is thrown, discharged, dumped, deposited, placed, left or caused
to be thrown, discharged, dumped, deposited, placed or left shall
be responsible for such litter.
(3)
No person shall operate a vehicle unless the vehicle is so constructed
or loaded as to prevent its contents from falling or being blown,
scattered or deposited upon any street, other public place or private
property; nor shall any person drive or move any vehicle or truck
within the Township, the wheels or tires of which carry onto or deposit
in any street, alley or other public place, mud, dirt, sticky substances,
litter or foreign matter of any kind.
C.
Property maintenance violations.
(1)
No owner, possessor or responsible agent of real property shall permit
litter to accumulate on the property and adjacent sidewalk area, including
the tree well and planter strip. It shall be the owner's, possessor's
or responsible agent's duty to remove such litter to prevent
any such accumulation.
(2)
No owner, possessor or responsible agent of real property shall accumulate,
permit or store items such as furniture, durable goods (refrigerators,
washers, dryers, etc.), small appliances, carpets, tires, vehicles,
vehicle parts, automotive products or municipal waste, hazardous waste,
residual waste or construction or demolition debris on the exterior
of the property if it poses a threat to the physical appearance, safety
or public health of the community or if its presence creates the potential
for a public nuisance.
(3)
The owner, possessor or responsible agent of a commercial or institutional
property may be required to procure, place, empty and maintain a sufficient
number of litter receptacles on its property for public use by its
customers to prevent the chronic accumulation of litter. These litter
receptacles may not be placed in the public right-of-way.
(4)
It shall be unlawful for anyone to obstruct or reduce in any way
clear width of any doorway, hallway, passageway, fire escapes or other
exitways.
(5)
No owner, possessor or responsible agent of real property shall permit
grass or weeds to exceed six inches in height in the tree well, sidewalk,
curbline or planter strip. It shall be the owner's, possessor's
or responsible agent's duty to cut the grass or weeds to prevent
such growth.
(6)
No owner, possessor or responsible agent of real property or any
tract of land shall allow any growth of grass or weeds to exceed six
inches in height.
(7)
The public officer shall only be required to notify the property owner once per calendar year that his/her property needs cutting before having it cut by the Township or its contractors. Following such notification, the Township may cut the property. Recovery of costs shall be in accordance with the procedures listed below in § 38-5, Enforcement.
(8)
A junk or abandoned vehicle may not be parked, stored or left to
remain on any lot, tract, parcel of land or portion thereof on public
or private property, occupied or unoccupied, improved or unimproved,
within the Township of Warrington, unless necessary for the operation
of a business enterprise lawfully permitted on private property. Any
junk or abandoned vehicle or parts thereof shall be removed.
(9)
Vehicle parking is not permitted on grass, landscaped, dirt or stone
areas (except for stone driveways) of property. All parking areas
must be in compliance with all applicable Township ordinances, codes
and regulations. Township-sponsored or special events are exempt from
this restriction.
(10)
No owner or responsible agent of real property shall permit graffiti to remain on such property for more than 10 days, and it shall be the owner's or responsible agent's duty to remove or cause to be removed such graffiti. The Township shall notify the owner or responsible agent of this requirement; and if not removed within 10 days of notification, the Township shall have the authority to remove said graffiti. Recovery of costs shall be in accordance with the procedures listed below in § 38-5, Enforcement.
(11)
No owner, possessor or responsible agent of real property shall permit
vegetation on the property to grow in such a manner as to create a
public nuisance.
(12)
It shall be the responsibility of the property owner of real property
to remove any satellite dish(es) from the exterior of such property
at the time of service disconnection.
D.
Graffiti violations.
(1)
No person shall apply graffiti to any natural or man-made surface
on public or private property.
(2)
All persons directly or indirectly involved in the acts of graffiti
may be found to be equally responsible and guilty of the act, in addition
to the individual who may personally deface the object or area. Such
involvement may include, but is not limited to, such others in a group
who knowingly made available the tools, writing material, ladders,
lookouts, materials or assistance, or who knowingly supplied funds
to acquire such materials for such purposes.
(3)
Writing, drawing, printing or marking with ink, paint, chalk or other substances on any real or personal property shall be permitted only to the extent that compliance with Chapter 370, Zoning, relating to signs, has been met and upon the procurement of a Township zoning permit where the following conditions are met:
(a)
The permit shall specify the size, location, site plan, and
the materials to be used and shall include a small design of the proposed
writing, drawing, printing or marking. A signed, notarized statement
authorizing permission for the writing, drawing, printing or marking
from the record owner of the property or a duly authorized agent must
also be included with the permit application.
(b)
No writing, drawing, painting or marking shall contain any threats
or offensive language.
(c)
A permit fee, established by the Township of Warrington, shall
be paid in full to the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Sale and possession of pressurized cans containing paint and certain
markers restricted.
(1)
It is unlawful for any person and/or commercial establishment to
sell, exchange, give or loan, or cause or permit to be sold, exchanged,
given or loaned, any pressurized can containing any substance commonly
known as "paint" or "dye" and any marker containing a fluid which
is not water-soluble and has a point, brush, applicator or other writing
surface of 3/8 of an inch or greater to anyone under the age of 18
years. Retail stores that sell these items shall provide and post
adequate signage stating the prohibition of the sale of these products
to anyone under the age of 18 years. The signs shall be posted on
the product display shelving and at the store checkout areas.
(2)
It is unlawful for anyone under the age of 18 years to purchase any
pressurized can containing paint or dye or marker as defined above.
(3)
No person shall aid, assist or abet a person under the age of 18
in obtaining possession of paint in a spray can or any marker containing
a fluid which is not water-soluble and has a point, brush, applicator
or other writing surface of 3/8 of an inch or greater.
(4)
It shall be unlawful for any person under the age of 18 to have in
his/her possession any pressurized can containing any substance commonly
known as "paint" or "dye," or any marker containing a fluid which
is not water-soluble and has a point, brush, applicator or other writing
surface of 3/8 of an inch or greater, while on any public highway,
street, alley or way, park playground, swimming pool, or other public
place or property, or on private property unless the owner of that
property consented to the presence of the paint or marker.
(5)
This prohibition shall not apply to a child using paint or a marker
while under the immediate supervision of his/her parent or legal guardian;
a student under direct supervision of his/her teacher; or any employee
using paint or a marker at the direction and under the supervision
of his/her employer.
F.
Animal violations.
(1)
It shall be unlawful for the owner of any dog or dogs to allow or
permit such dog or dogs to run at large in the Township of Warrington.
(2)
Any police officer, animal control officer, or constable may seize
any dog found at large in the Township. Such dogs are to be impounded
in a licensed kennel. Unlicensed dogs that are seized shall be held
in such kennel for 48 hours and, if not claimed, may be destroyed
in accordance with the 1982 Dog Law.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
(3)
It shall be illegal within the Township of Warrington for any person
or persons to own, possess, harbor, or control any animal or bird
which makes any noise continuously and/or incessantly for a period
of 10 minutes or makes such noise intermittently for 1/2 hour or more
to the disturbance of any person any time of the day or night regardless
of whether the animal or bird is physically situated in or upon private
property, said noise being a nuisance; provided that, at the time
the animal or bird is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal or bird is situated nor is there any other legitimate cause
which justifiably provoked the animal or bird.
(4)
No person, having possession, custody or control of any dog, shall
knowingly or negligently permit any dog to commit any nuisance, including
defecation, on any gutter, street, driveway, alley, curb or sidewalk
in the Township, or upon the floors or stairways of any building or
place frequented by the public or used in common by any persons, or
upon outside walls, walkways, driveways, alleys, curbs or sidewalks
of any building abutting on a public street or park, or upon the grounds
of any private property other than the property of the owner of such
animal.
(5)
Any person having possession, custody or control of any dog which commits a nuisance, including defecation, in any area other than the private property of the owner of such dog, as prohibited in the Warrington Township Code of Ordinances, Chapter 97, § 97-13, shall be required to immediately remove any feces from such surface and either:
G.
Building occupancy violations. Before a residential, commercial or
industrial building is reoccupied prior to its final sale or a new
tenant obtained, it shall be the duty of the seller or the landlord
of the new tenant to apply for an occupancy certificate at the office
of the Warrington Township Building Inspector. The Building Inspector
or his/her duly authorized agent shall, upon receipt of said application,
forthwith cause an inspection of the premises to be made.
H.
Conduct.
(1)
The operation, riding or coasting of skateboards within the cartway
of any public street is hereby prohibited at all times. The cartway
is the actual improved or unimproved traveling surface commonly understood
as that area set aside for the passage of motor vehicles.
(2)
The operation, riding or coasting of skateboards in the public right-of-way
during hours of darkness, defined as 1/2 hour after sunset and 1/2
hour before sunrise, is hereby prohibited.
(3)
Where the operation or riding of skateboards is permitted on sidewalks,
the rider shall yield the right-of-way to pedestrians using the sidewalk.
Due and proper care for pedestrians must at all times be exercised
by the riders.
I.
Multifamily grass or weed nuisances. No person, firm, or corporation
owning or occupying any multifamily dwelling property within the Township
of Warrington shall permit any grass or weeds or any vegetation whatsoever,
not edible or planted for some useful or ornamental purpose, to grow
or remain upon such premises so as to exceed a height of six inches
or to throw off any unpleasant or noxious odor or to conceal any filthy
deposit or to create or produce pollen or to go to or produce seed.
Any grass, weeds or other vegetation growing upon any premises in
the Township in violation of this section is hereby declared to be
a nuisance and detrimental to the health, safety, cleanliness and
comfort of the inhabitants of the Township.
J.
Peddling and solicitation violations.
(1)
It shall be unlawful and a public nuisance for any person, company,
corporation or organization to enter upon the premises of a private
residence or business at any time of the day or night for the purpose
of conducting any form of soliciting or peddling where the owner or
occupant of the residence or business has posted a "no trespassing"
sign or a "no soliciting" sign, or upon any property duly registered
by the occupant/possessor thereof on the Township "do not solicit"
list, which shall be maintained by the Code Enforcement Officer and
a copy provided to the applicant with the license.
(2)
Any violations to other parts or sections of the Code pertaining to licenses, permits and general business regulations, including Chapter 90, Alarm Devices; Chapter 104, Assemblies; Chapter 126, Cable Television; Chapter 146, Contractors; and Chapter 229, Peddling and Soliciting, shall be subject to this overlay enforcement ordinance and the associated penalties.
K.
Park and open space violations. Any violations to Chapter 223, Parks and Recreation, shall be subject to this overlay enforcement ordinance and associated penalties.
N.
Street and sidewalk violations. Any violations to the Warrington Township Code of Ordinances, Chapter 294, Streets and Sidewalks, shall be subject to this overlay enforcement ordinance and associated penalties.
O.
Swimming pool violations. Any violations to the Warrington Township Code of Ordinances, Chapter 310, Swimming Pools, shall be subject to this overlay enforcement ordinance and associated penalties.
P.
Zoning violations.
(1)
Any violation to Chapter 370, Zoning, shall be subject to this overlay enforcement ordinance and associated penalties. These include, but are not limited to, any violations related to signs or fences, failure to obtain permits, use violations, setback violations, and failure to comply with Warrington Township Zoning Hearing Board orders.
(2)
The designated Township officials empowered to enforce zoning violations shall have all the duties and powers conferred by Chapter 370 for this purpose. No permit shall be issued in connection with any contemplated erection, construction, alterations, repairs, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms with the requirements of Chapter 370.
[Amended 12-10-2013 by Ord. No. 2013-O-10]
A.
Any violation of the provision of this article by a minor 10 years
of age and older may be cause for a citation, a violation ticket and/or
a notice of violation to be issued to the minor or to the parent or
legal guardian of the minor. Any violation of the provisions of this
article by a minor under the age of 10 may be cause for a citation,
a violation ticket and/or a notice of violation to be issued to the
parent or legal guardian of the minor.
B.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor child under the age of 18 years
to knowingly assist, aid, abet, allow, permit or encourage said minor
to violate this article.
[Amended 12-10-2013 by Ord. No. 2013-O-10]
A.
The provisions of this article shall be enforced by any sworn police
officer or other authorized municipal official as designated by the
Board of Supervisors.
B.
Any violation of the provisions of this article may be cause for
a citation, a violation ticket and/or a notice of violation to be
issued to the violator.
C.
A notice of violation or violation ticket shall be served upon a
violator by handing it to the violator, by handing it at the residence
of the person to be served to an adult member of the household or
other person in charge of the residence, by leaving or affixing the
notice or violation ticket to the property where the violation exists,
by handing it at any office or usual place of business of the violator
to his/her agent or to the person for the time being in charge thereof,
or by mailing the notice to the violator's address of record.
D.
Each day a violation continues or is permitted to continue may constitute
a separate offense for which a separate fine may be imposed.
E.
A public officer is authorized and empowered to cause a violation
to be corrected.
F.
If the Township has effected the correction of the violation, the
cost thereof may be charged to the owner of the property, tenant or
offending party. The cost shall be determined by the Township Manager
or his designate in order for the Township to be compensated for both
direct and indirect costs and expenses incurred.
G.
Where the public officer or the Township takes corrective action
to abate a public nuisance, the cost thereof, including any labor
or materials supplied by the Township or its contractors, plus an
administrative fee added to each invoice incurred, shall be charged
to the owner and shall constitute a municipal lien against the real
property upon which said cost and fee were incurred. For nuisance
abatement in excess of $2,000, the administrative fee shall be 15%
of the actual cost incurred, including any labor or materials supplied
by the Township or its contractors.
[Amended 12-10-2013 by Ord. No. 2013-O-10]
A.
A person in receipt of a violation ticket may appeal to the Board
of Supervisors by filing a request within 10 days of receipt of the
violation ticket.
B.
A hearing officer, designated by the Board of Supervisors, may uphold
the appeal, deny the appeal or may modify the violation ticket and/or
any associated costs, fines or penalty amounts.
[Amended 12-10-2013 by Ord. No. 2013-O-10]
A.
Violation ticket fines.
(1)
For the first and second offense of a violation of this article within
a twelve-month period, violation tickets shall be issued in the amount
of $25 or $100.
(2)
For the third offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amount of $150 or
$250.
(3)
For the fourth offense of a violation of this article within a twelve-month
period, violation tickets shall be issued in the amount of $300 or
$500.
(4)
For the fifth and subsequent offenses of a violation of this article
within a twelve-month period, a citation shall be prepared to appear
before the Magisterial District Judge for trial.
(5)
Any persons who receive a violation ticket for any violation of this
article may, within 10 days, admit the violation, waive a hearing,
and pay the fine in full satisfaction.
(6)
Any persons who violate the property maintenance provisions of this article shall pay a fine of $25 or $100 for the first offense with no additional cost to abate the violation. For the second and subsequent violations of the property maintenance provisions, the owner shall pay a fine as indicated in Subsection A(2) through (4) above, and the owner shall pay all direct and indirect costs incurred by the Township for the abatement of the violation.
B.
Violation ticket penalties.
(1)
If the person in receipt of a $25 violation ticket does not pay the
fine or request a hearing within 10 calendar days, the person will
be subject to a $10 penalty each day for days 11 through 20.
(2)
If the person in receipt of a $100 violation ticket does not pay
the fine or request a hearing within 10 calendar days, the person
will be subject to a $25 penalty each day for days 11 through 20.
(3)
If the person in receipt of a $150, $250, $300, or $500 violation
ticket does not pay the fine or request a hearing within 10 calendar
days, the person will be subject to a $50 penalty each day for days
11 through 20.
(4)
Failure of the person to make payment or request a hearing within
20 calendar days of a violation ticket shall make the person subject
to a citation.
C.
Citation fines. Any person who violates or permits a violation of
this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
