[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster 3-7-2001 by Ord. No.
79. Amendments noted where applicable.]
The following words, terms and phrases, as used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
The Board of Supervisors of Lancaster Township, Butler County,
Pennsylvania.
Liquid waste or discharge originating from, but not limited
to, sinks, bathtubs, washstands, lavatories, water closets, swimming
pools, privies, cesspools, or septic systems.
The waste resulting from the handling, preparation, cooking
or consumption of food, or from the handling, storage or sale of produce.
Garbage or household wastes shall not include leaves, grass clippings,
or mulch heaps maintained for gardening purposes.
Includes, but are not limited to, ragweed, poison ivy/oak/sumac,
must or nodding thistle, Canada thistle, bull or spear thistle, jimsonweed,
mile-a-minute, kudzu vine, shattercane, Johnson grass, purple loosestrife,
and multiflora rose.
An activity or condition which arises from the unreasonable,
unwarrantable, or unlawful use of public or private property which
endangers life or health, gives offense to senses, violates laws of
decency, or obstructs the reasonable and comfortable possession, use
or enjoyment of public or private property.
Any individual, corporation, firm, association, partnership,
public utility, trust, estate, public or private institution, group,
commonwealth or local agency, political subdivision, and any legal
successor, representative, or agency of the foregoing.
Includes:
Combustible trash, including, but not limited to, paper, cartons,
boxes, barrels, wood, excelsior, tree branches, yard trimmings, leaves,
wood furniture, bedding, tires, plastic, fiberglass, or rubber;
Noncombustible trash, including, but not limited to, metals,
tin cans, metal furniture, dirt, small quantities of rock and pieces
of concrete, glass, crockery, other mineral waste, vehicle parts,
paint, or batteries; and
Street rubbish, including, but not limited to, street sweeping;
dirt, or catch-basin dirt. Refuse or rubbish shall not include earth,
wastes from building operations, leaves, grass clippings, cornstalks,
stubble or other vegetable material generated in the course of harvesting
agricultural crops.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the environment.
The Township of Lancaster, Butler County, Pennsylvania, a
township of the second class.
The following activities are hereby classified as nuisances
and, as such, it shall be unlawful for any person to:
A.
Dangerous buildings and structures. Own, keep, maintain or permit
any dangerous building or structure, including, but not limited to,
buildings that are abandoned or unoccupied or buildings or structures
in a state of dilapidation or disrepair.
B.
Dumping. Dump, throw, spread or deposit and permit to remain any
garbage, household waste, dust, ash, refuse, rubbish or other material
subject to decay or decomposition, including, but not limited to,
animal carcasses, fish, shellfish, paper, glass, tires, cans, or offal,
into the environment or on any public highway, road, street, lane,
or alley.
C.
Dust and ashes. Store or accumulate dust or ashes, including, but
not limited to, the dust or ashes from cooking or heating fires or
the incineration of garbage, household wastes, refuse, rubbish or
other materials, except in tightly covered containers.
D.
Garbage and household waste. Store or accumulate garbage, household
waste, or other materials subject to decay, except in tightly covered
containers.
E.
Grass and weeds. Permit or allow grass or weeds to grow to a height
of 18 inches or more.
F.
Noxious plants. Permit or allow noxious plants to grow.
G.
Refuse and rubbish. Store or accumulate refuse or rubbish, except
in tightly covered containers.
H.
Septic systems. Permit or maintain open vaults, drains, failed cesspools
or failed septic systems.
I.
Waterways. Alter or interfere with the natural flow of a stream,
creek or other waterway, by means of constructing a dam, altering
the embankment or channel of the waterway, or otherwise.
J.
Animals and pets, roaming. Permit or cause to permit animals or pets,
including, but not limited to, dogs, cats, cattle, horses, mules,
sheep, goats, geese, ducks or swine, to roam or be at large upon adjoining
property or any public highway, road, street, lane, or alley. "At
large" means that the animal or pet is unconfined, free, roaming or
on the loose. An animal or pet shall not be considered at large if
it is on a leash or under the positive physical control of the owner
or an agent of the owner.[1]
K.
Animals and pets, noise. Keep, permit or cause to permit animals
or pets, including, but not limited to, dogs, cats, cattle, horses,
mules, sheep, goats, geese, ducks or swine, which annoy, disturb,
injure or endanger the comfort, health, safety or peace of others
and which can be heard a distance of 150 feet beyond the owner's
property line between the hours of 11:00 p.m. and 7:00 a.m.
L.
Burning. Burn tires, tar products or garbage.
M.
Door-to-door distribution. Engage in door-to-door distribution of
merchandise samples, handbills, or product advertisements, unless
previously authorized by the Board of Supervisors. Door-to-door distribution
includes, but is not limited to, hand delivery, throwing upon doorsteps,
into doorways, vestibules, yards, enclosures, or placing upon doorknobs,
mailboxes or fences.
N.
Lights. Spot, flood or otherwise shine lights, including, but not
limited to, incandescent, strobe, sodium or mercury vapor, so as to:
(1)
Impede
the safe movement of traffic upon any public highway, road, street,
lane, or alley;
(2)
Annoy,
disturb or otherwise prevent another person from enjoying the privacy
of their own property;
(3)
Illuminate
any sign or property with flashing, rotating, sequential, strobe,
or otherwise moving lights;
(4)
Resemble
a traffic signal, railroad signal, or any other form of traffic control
device visible to the motoring public upon any public highway, road,
street, lane, or alley.
O.
Liquids. Release any foul or offensive liquids or effluent into the
environment or into or upon any public highway, road, street, lane,
or alley.
P.
Noise. Amplify, play, make or cause noise by any manner, including,
but not limited to, voices, home stereos, vehicular sound systems,
portable boom boxes, musical instruments, horns, bells, chimes, or
explosions, which annoys, disturbs, injures or endangers the comfort,
health, safety or peace of others and which can be heard a distance
of 150 feet from its source between the hours of 11:00 p.m. and 7:00
a.m.
Q.
Odors. Permit or cause the emission of any offensive or foul odor,
scent, effluvium, emanation or fume, except as is considered normal
and customary in farming activities.
R.
Road hazards. Place, throw, or deposit on any public highway, road,
street, lane, or alley any dangerous object, chemical, material or
substance, including, but not limited to, tacks, nails, metal, glass,
flammable liquids, hazardous chemicals, materials or substances, or
other similar items, which may cause injury to persons or damage to
property.
S.
Road obstructions. Deposit and permit to remain any material, including,
but not limited to, mud, dirt, coal, wood, brick, stone, gravel, clay,
sand, or rubbish, upon any public highway, road, street, lane, or
alley or in the rights-of-way of such cartways.
T.
Signs. Post, paste or fasten any printed, painted or written signs,
show bill, placard, circular, advertisement or material upon any tree,
telegraph, telephone or electric-light pole, unless previously authorized
by the Board of Supervisors.
U.
Wells and cisterns. Permit or allow any well or cistern to be, or
remain, uncovered.
V.
Yard trimmings. Push, shovel, or otherwise deposit tree and/or bush
trimmings, leaves, or lawn/yard clippings upon any public highway,
road, street, lane, or alley, or upon public rights-of-way of such
cartways, including, but not limited to, drainage ditches, culverts
or pipes within such rights-of-way, and allowing such materials to
remain thereon.
A.
In addition to or in lieu of other remedies, enforcement proceedings
may be initiated by serving a citation by hand delivery to the occupant
of the property on which the violation is occurring or by registered
or certified mail upon the owner of record and/or occupant of the
property on which the violation is occurring. The citation shall contain,
at a minimum, the following information:
(1)
The name of the owner of record, occupant or any other person against
whom the Township intends to take enforcement action.
(2)
The address of the property on which the violation is occurring.
(3)
The specific violation(s), citing in each instance the applicable
provision(s) of this chapter.
(4)
Date before which corrective measures must be completed, according
to the following schedules:
(5)
The maximum fine which may be imposed for failure to comply with
the citation within the time specified, according to the following
schedules:
(a)
[1]
For the first violation of a subsection: written warning.
[2]
For the second violation of a subsection: $250 fine.
[3]
For the third violation of a subsection: $500 fine.
[4]
For the fourth violation of a subsection: $750 fine.
[5]
For the fifth and each subsequent violation of a subsection:
$1,000 fine.
(b)
[1]
For the first and second violation of a subsection: written
warning.
[2]
For the third violation of a subsection: $100 fine.
[3]
For the fourth violation of a subsection: $200 fine.
[4]
For the fifth violation of a subsection: $300 fine.
[5]
For the sixth violation of a subsection: $400 fine.
[6]
For the seventh and each subsequent violation of a subsection:
$500 fine.
B.
In addition to or in lieu of other remedies, the Board of Supervisors
may direct that corrective measures be commenced and/or completed
by the Township and the cost thereof be certified to the Township Secretary.
The Township Secretary shall invoice the owner of the property for
the full cost of the corrective measures within 15 days of completion
of the corrective measures. If the owner fails or refuses to pay the
full cost within 30 days of receipt of the invoice, the Township Secretary
shall turn the matter over to the Township Solicitor. Thereafter,
the Solicitor shall file a municipal claim against the property on
which the violation occurred in the amount of the full cost of the
corrective measures, plus legal costs and reasonable attorneys'
fees.
C.
In addition to or in lieu of other remedies, the Township may take
such other lawful action as is necessary to prevent or remedy any
violation, or bring action to enjoin any violation of this chapter.
A.
Any person who violates § 180-2A through I of this chapter or any amendment thereto shall, upon conviction thereof in a summary offense proceeding before a Magisterial District Judge, pay a fine of not less than $250 and not more than $1,000 per violation, as set forth in § 180-3A(5)(a), above, including additional daily penalties for continuing violations, plus all court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each subsection of this chapter which is found to have been violated. All fines and penalties collected shall be paid over to the Township Treasurer.
B.
Any person who violates § 180-2J through V of this chapter or any amendment thereto shall, upon conviction thereof in a summary offense proceeding before a Magisterial District Judge, pay a fine of not less than $100 and not more than $500 per violation, as set forth in § 180-3A(5)(b), above, including additional daily penalties for continuing violations, plus all court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each subsection of this chapter which is found to have been violated. All fines and penalties collected shall be paid over to the Township Treasurer.
If a final decision of a court of competent jurisdiction holds
any section, subsection, sentence, clause, phrase, or part of this
chapter to be illegal or unconstitutional, such determination shall
not affect or impair any of the remaining sections, subsections, sentences,
clauses, phrases, or parts of this chapter which shall remain in full
force and effect. It is hereby declared as the intent of the Township
that the sections, subsections, sentences, clauses, phrases, or parts
of this chapter shall be severable and that this chapter would have
been adopted if any such illegal or unconstitutional section, subsection,
sentence, clause, phrase, or parts had not been included.
This chapter is intended to supplement existing ordinances in
regulating activities or conditions hereby classified as nuisances.
As such, this chapter does not repeal or amend any prior enacted ordinance
nor does this chapter limit the enforcement of any prior enacted ordinance.
Moreover, this chapter does not apply to Agricultural Security Areas
as established by Ordinance No. 65, as amended.[1]
