[HISTORY: Adopted by the Board of Supervisors of the Township
of Hellam 5-16-2013 by Ord. No. 2013-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hellam
Township Nuisance Ordinance."
The purpose of this chapter is to protect the health, safety,
and welfare of all the residents of Hellam Township.
The provisions of this chapter shall apply to all residential
and nonresidential properties and vacant land.
As used in this chapter, the following words or phrases, when
used in this chapter, shall have the meanings ascribed to them, except
where the content clearly indicates a different meaning:
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
not including trailers pulled thereby. Farm equipment is exempt.
[Amended 1-22-2015 by Ord. No. 2015-02]
Any use of property within the Township or any condition
upon property within the Township that, other than infrequently, poses
undue risk to the health and/or safety of persons beyond the boundaries
of that property or of persons who might be reasonably expected to
lawfully enter upon or be at that property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, public or private.
Pools of water (other than those naturally occurring) in
which mosquitoes, flies or other insects that pose a health risk to
persons beyond the boundaries of the property multiply, including,
but not limited to, open containers, lagoons, ditches, wheelbarrows,
improperly maintained roof gutters, bird baths, ornamental pools and
swimming pools. If a pool of water dries up within 72 hours after
cessation of precipitation, it is not considered stagnant water.
It shall be unlawful for any person to create, continue, cause,
maintain or permit to exist any nuisance at any place with the Township
of Hellam as follows:
A.
Motor vehicles shall be considered a nuisance if any of the following
are present:
(1)
The storing or accumulating of three or more inoperable vehicles,
not being or intended to be restored, outside of an enclosed building.
(2)
Any leaking fluids associated with such vehicles, including, but
not limited to, oil, gasoline, diesel fuel and/or battery acids that
could cause fire, explosion, or ground contamination.
(3)
Any vehicle or major parts thereof that are not actively being restored
or with the intent to restore or use in the restoration of other vehicles.
B.
Stagnant water shall be considered a public nuisance if it is detrimental
to public safety and/or creates a public health risk/hazard due to
facilitating the West Nile virus.
C.
The operation of a remote-controlled or other nontethered aircraft
over property not owned by the operator shall be considered a public
nuisance, unless the operator has the permission of the property owner
to operate the remote-controlled or other nontethered aircraft.
A.
Any person who creates, continues, causes, maintains or permits to
exist any nuisance at any place with the Township shall, within 30
days after notice from the Township to do so, remove or abate the
nuisance.
B.
Any person who shall fail to remove or abate the nuisance within
the time period set forth above shall, upon conviction before a Magisterial
District Judge, be sentenced to pay a criminal fine of not more than
$1,000, plus costs of prosecution, and, in default of payment thereof,
to undergo imprisonment to the extent allowed by law for the punishment
of summary offenses. Each continuing day of violation of this chapter
shall constitute a separate offense.
