[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.
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:
Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
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.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
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:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or a 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 apparatus.
Harboring of rodents, insects, or other pests.
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.
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.
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.
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.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, taillamps, bumpers, or grills with sharp edges.
Any body parts, truck, firewalls, or floorboards with sharp
edges or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hoods, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
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.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in, on, or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with the flow of pedestrian or automobile traffic or impede
emergency efforts.
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.
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.
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.
Any conditions or premises which are unsafe or unsanitary.
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.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
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.
The public right-of-way between the property line and the
curbline of the established edge of the roadway.
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.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed 10 inches in height.
Exhale unpleasant noxious odors or pollen such as ragweed, dandelions,
and miscellaneous other vegetation commonly referred to as weeds or
brush.
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
May cause a public nuisance.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
