[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as Title 5, Ch. 7, of the 1977 Code.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 279.
Use and maintenance of streets and sidewalks — See Ch. 290.
[1]
Editor's Note: This chapter was adopted 4-14-1941 by
Ord. No. 100 and amended 4-14-1959 by Ord. No. 387; 11-14-1961 by
Ord. No. 455; 6-7-1966 by Ord. No. 580; 9-13-1966 by Ord. No. 591;
9-6-1988 by Ord. No. 1165; 3-2-1992 by Ord. No. 1275; and 7-10-2000
by Ord. No. 1416.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, partnership, association or corporation,
as well as all officers, agents, servants, employees or others acting
for any of the same, and shall be taken as applying in the singular
or plural, as the case may require.
That which is set up, maintained or continued so as to be
an obstruction to the use of property by interfering with the repose,
health, safety or life of the public.
Any person who creates, continues or maintains any public or
common nuisance within the Township of Upper Moreland shall be deemed
guilty of a violation of this chapter and shall be liable for the
expense and abatement and remedy thereof, as well as such fines and
penalties as may be imposed.
A.
It is hereby declared to be a public nuisance, in that the same is
injurious to public health, for any owner or occupier of land, improved
or unimproved, in the Township to suffer or permit thereon the accumulation
of water that stagnates, waste matter or rubbish or, except on farmland
actively used as such, the growth of weeds or grass to a height in
excess of 12 inches, which public nuisance is hereby prohibited.
B.
Builders or land developers must remove all tree trunks, stumps,
limbs and brush from land under development and level all ground so
same will not retain pools of water. Where roads, streets, highways
or sidewalks are installed, developers must keep the roads, streets,
highways and sidewalks free from mud and other debris at all times
and keep grass cut in sidewalk areas.
C.
Occupied properties must be kept free of cans, garbage, bottles or
other trash and rubbish.
D.
Refuse receptacles shall not be placed at the curb for collection
more than 12 hours before disposal time and must be removed from the
curb at least 12 hours after the same have been emptied.
E.
Nothing in this chapter shall be construed to prohibit municipal
dumps, containers or refuse receptacles maintained by the Township.
F.
Cases and carts. No person, firm or corporation shall place or cause
to be placed along any public highway, right-of-way, sidewalk area,
occupied or unoccupied private property, any emptied or filled milk
cases, bread cases, shopping carts or any other cases, cartons, containers
or refuse receptacles whatsoever.
G.
Noise nuisances. It is hereby declared to be a public nuisance for
any person to make or cause to be made through any instrumentality
any excessive or unusually loud noise or to create a noise nuisance
causing discomfort or annoyance to a reasonable person of ordinary
sensibilities within any residential area of the Township of Upper
Moreland or any area within 500 feet of a residential area of the
Township of Upper Moreland after the hour of 10:00 p.m. or before
7:00 a.m., prevailing time. Without intending to limit the generality
of the foregoing, the following are declared to be noise nuisances
within any residential area of the Township of Upper Moreland or any
area within 500 feet of a residential area of the Township of Upper
Moreland:
(1)
The operation of construction equipment outside or the performance
of exterior construction or repair work (except in the case of an
emergency) on any building or other structure after the hour of 10:00
p.m. or before 7:00 a.m., prevailing time.
(2)
The operation, whether on a public or private street or on private
property, of any motor vehicle without a muffler or the repair, rebuilding
or testing of any motor vehicle or internal combustion engine after
the hour of 10:00 p.m. or before 7:00 a.m., prevailing time.
(3)
Playing any instrument, stereo, radio, cassette player or similar
device or operating or using any sound amplification equipment either
outside any building or within any building if the sound produced
is audible outside such building, after the hour of 10:00 p.m. or
before 7:00 a.m., prevailing time.
H.
It is hereby declared to be a public nuisance for any person to cause
or permit any water being pumped or drained from a swimming pool being
drained or emptied of all or substantially all of its water for maintenance
or other reason to cause or allow such water be pumped or drain, directly
or indirectly, onto the premises or property of another person without
the consent of such person.
[Amended 11-13-2018 by Ord. No. 1689]
Notice to remove may be served upon the owner verbally if he
or she resides in the Township. If the owner does not reside in the
Township, then such notice may be served verbally upon the tenant,
owner, or occupant of the premises. If there is no tenant or occupant,
then such notice may be posted on the premises.
Every owner or occupier of land whereon any nuisance exists
is hereby required to cease any activity creating such nuisance and
to abate such nuisance immediately upon notice to do so communicated
by any representative of the Township, including the Police Department
or Department of Code Enforcement. In the event that abatement of
the nuisance requires the removal of any object or thing or physical
changes to the land or any structure, the owner or occupier shall
remove or cause to be removed such nuisance or perform any work necessary
to remove any cause of nuisance within 10 days after notice to abate
such nuisance, except in the case of any nuisance that constitutes
an imminent and serious danger to the public health or safety, in
which case such abatement of the nuisance shall be performed immediately
upon notice to do so communicated by any representative of the Township,
including the Police Department or Department of Code Enforcement.
In the event of any failure or refusal to abate any nuisance or perform
any work necessary to abate such nuisance, after the expiration of
10 days of notice to abate such nuisance or except in the case of
any nuisance that constitutes an imminent and serious danger to the
public health or safety, the Township may cause the abatement of such
nuisance at the cost of the owner or occupier and collect the cost
thereof, together with an administrative fee to the Township of 20%
of such cost and reasonable attorneys' fees of the Township, from
such owner or occupier, and the Township may file a municipal claim
for the same or collect it by action assumpsit.
[Amended 11-13-2018 by Ord. No. 1689]
A.
Any person who fails to cease or abate any nuisance as set forth in § 223-5 after notice to cease has been communicated by a representative of the Township as set forth in § 223-4, in addition to bearing the cost of abatement as provided in § 223-5, such person shall be issued a Township notice of violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No.
1698]
B.
Upon summary conviction before a Magisterial District Judge, the
offender shall be sentenced to pay a fine of no less than $100 nor
more than $1,000 plus costs of prosecution and the Township's
actual attorneys' fees. Each day that a violation of this chapter
continues shall be deemed to be a separate offense.
