[HISTORY: Adopted by the Borough Council of the Borough of Moosic 3-13-2018 by Ord. No. 8-2018. Amendments noted where applicable.]
Lack of maintenance of properties, improper storage of trash and rubbish, storage of inoperable/nonregistered vehicles, and accumulation of snow and ice are costly problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of the Borough, which reduces business and tax revenue, inhibiting economic development. The quality of life and community pride of the citizens of Moosic are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this chapter is to promote the health, safety and general welfare of the Borough by helping to create a clean environment for citizens of Moosic.
The following words, terms and phrases, when used in this chapter, shall be defined as follows, unless context is clearly indicating otherwise:
- The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
- HAZARDOUS WASTE
- Any waste material or combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
- A. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating illness.
- B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.
- HOUSEHOLD HAZARDOUS WASTE (HHW)
- 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 water generators by those regulations. Such HHW materials meet one of the following four classifications: toxic, flammable, reactive, or corrosive. HHW consists of numerous products that are common to the average household, such as: pesticides and herbicides, cleaners, automotive products, paints, and acids.
- INDOOR FURNITURE
- Any and all pieces of furniture which are made for only inside use, including, but not limited to, upholstered chairs and sofas, etc.
- A. Any vehicle which presents a hazard 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:
- (1) Rusted and/or jagged metal on or protruding from the body of the vehicle.
- (2) Broken glass or windows on or in the vehicle.
- (3) Leaking of any fluids from the vehicle or a deflated or flat tire(s).
- (4) Unsecured and/or unlocked doors, hood, or trunk.
- (5) Storage or placement of the vehicle in an unbalanced condition, on concrete blocks, or other similar apparatus.
- (6) Harboring of rodents, insects, or other pests.
- B. The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair. See also the definition of "motor vehicle nuisance."
- Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, newspaper, 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.
- LOCAL RESPONSIBLE AGENT
- Any person residing or working within the Borough of Moosic designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
- MOBILE VENDOR
- A vendor or seller of food and/or goods from a vehicle or other conveyance upon the public streets or alleys of the Borough that does not typically remain stationary for more than approximately 10 minutes each hour.
- MOTOR VEHICLE
- Any type of mechanical device capable or at one time capable of being propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.
- MOTOR VEHICLE NUISANCE
- A motor vehicle with one or more of the following defects:
- A. Broken windshields, mirrors, or other glass, with sharp edges.
- B. Broken headlamps, taillamps, bumpers, or grills with sharp edges.
- C. Any body parts, truck, firewalls, or floorboards with sharp edges or large holes resulting from rust.
- D. Protruding sharp objects from the chassis.
- E. Missing doors, windows, hoods, trunks, or other body parts that could permit animal harborage.
- F. One or more open tires or tubes which could permit animal harborage.
- G. Any vehicle suspended by blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found.
- H. Any excessive fluids leaking from vehicle which may be harmful to the public or the environment.
- I. Disassembled body or chassis parts stored in, on, or about the vehicle.
- J. Vehicles that do not display a current valid license and registration.
- K. Such other defects which the Fire Department determines to be a danger to the general public or property.
- L. Motor vehicles parked, drifted, or otherwise located which may interfere with the flow of pedestrian or automobile traffic or impede emergency efforts.
- MUNICIPAL WASTE
- 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. The term does not include source-separated recycled materials or organic waste.
- NOTICE OF VIOLATION
- A written document issued to a person in violation of a Borough ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
- Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough, or causes a blighting effect in Borough neighborhoods. See also the definition of "public nuisance."
- A person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the principals of a limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such persons if ordered to take possession of real property by a court.
- Every natural person, firm, corporation, partnership, association, or institution.
- PRIVATE PROPERTY
- Any land and the improvements thereon 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, temporary, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibules, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.
- PUBLIC NUISANCE
- Any conditions or premises which are unsafe or unsanitary.
- PUBLIC OFFICER
- Any authorized inspector, Borough Manager, Code Enforcement Officer, police officer, or public official designated by the Borough to enforce the Borough ordinances, and for purposes of this definition includes a police officer.
- PUBLIC RIGHT-OF-WAY
- The total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.
- RESIDUAL 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.
- Combustible and noncombustible waste materials, except garbage; the term shall include residue from the burning of wood, coal, coke, and other combustible materials, including paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
- SIDEWALK AREA
- The public right-of-way between the property line and the curbline of the established edge of the roadway.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
- Any planting that is cultivated and managed for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
- A. All grasses, annual plants, and vegetation, which meet any of the following criteria:
- (1) Exceed 10 inches in height.
- (2) Exhale unpleasant noxious odors or pollen such as ragweed, dandelions, and miscellaneous other vegetation commonly referred to as weeds or brush.
- (3) May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.
- (4) May cause a public nuisance.
- B. Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, flowers, etc.
- An open space on the same lot with a structure.
A person, owner, or responsible person commits a quality of life violation by any of the following:
Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, trash, rubbish, or garbage.
Animal maintenance and waste/feces cleanup. People owning, harboring, or keeping an animal within the Borough of Moosic shall not permit any waste matter/feces from the animal to collect and remain on property so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition. All waste from animals must be cleaned up on a daily basis. No person shall cause or allow any animal to defecate upon any property within the Borough of Moosic without immediately removing said feces and depositing in approved containers of said person.
High weeds, grass, or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs shall not be included as a violation of this chapter.
Motor vehicles. It shall be unlawful to store, park, or place any unregistered, uninspected, inoperative, unlicensed, or nuisance motor vehicle on any premises. No vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. It shall be unlawful to store, park, or place any motor vehicle upon any sidewalk within the Borough of Moosic.
Outside placement of indoor appliances/furniture. It is prohibited to store or place any/all appliances or furniture, including, but not limited to, ranges, refrigerators, air conditioners, ovens, washers, dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior chairs, or interior tables on the exterior of any property for the purpose of sale or any other reason, except for the temporary purposes to perform maintenance on said property.
Snow and ice removal from sidewalks. Every owner, tenant, occupant, lessee, property agent, or any other person who is responsible for any property within the Borough of Moosic, is required to remove any snow or ice from their sidewalk within 12 hours of the cessation of said snow and ice falling. Furthermore, they must create a path, free from any snow or ice, of 30 inches on said sidewalk. Should any property be a place of business within the Borough of Moosic, all snow and ice must be removed within 12 hours of the cessation of said snow and ice falling. Any property that is deemed a business must have the entire sidewalk free from any snow and ice. If and/or when the snow and/or ice cessation happens during the hours of darkness, the time limit of removal of all snow and ice begins at daybreak.
Storage containers for waste or trash. The owner of every premises shall supply approved containers for waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash shall be durable, watertight, and made of metal or plastic. Containers must have tight-fitting covers and must be kept clean and odor-free at all times. All containers must be stored in a location on the owner's property not within the public right-of-way. The persons occupying any dwellings are limited to four containers not exceeding 40 pounds each. Waste/trash containers may only be placed in front of any property no sooner than 15 hours before the scheduled pickup day. Once the Borough removes the waste/trash from any property, all containers must be stored so they are not on the public right-of-way or readily visible from the public right-of-way within 24 hours after pickup.
Any person who violates or permits a violation of this chapter, upon being convicted before a District Justice, shall pay a fine not exceeding $600, and any costs incurred by the Borough of Moosic. Each day of the violation shall be considered separate violations and offenses.
The penalty provisions of this chapter shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Borough of Moosic as may be deemed appropriate for carrying out the purposes of this chapter. The remedies and procedures provided in this chapter for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Borough in the case of violation of any other Borough of Moosic Code or codified ordinances, whether or not such other code or ordinance is referenced in this chapter, and whether or not an ongoing violation of this chapter.
If any provision, paragraph, word, section, or subsection of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsections shall not be affected and shall remain in full force and effect.
All relevant ordinances, regulations, and policies of the Borough of Moosic, Pennsylvania, not amended shall remain in full force and effect.