A.
Scope. The provisions of this article shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures
and exterior property in compliance with these requirements, except
as otherwise provided for in this code. A person shall not occupy
as owner-occupant or permit another person to occupy premises which
are not in a sanitary and safe condition and which do not comply with
the requirements of this article. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
C.
Vacant structures and land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety. Windows and doors
shall not be boarded up or covered unless such windows or doors are
missing, broken and or do not provide adequate security against unlawful
entry.
(1)
Boarded-up buildings. Boards or other similar coverage shall not
remain over window and door openings for more than 30 days at which
time such openings shall be fitted with replacement windows or doors.
Exception: Windows and doors in buildings that have been damaged
by fire, explosion, flood, impact, earthquake, wind or other similar
event, shall be permitted to remain boarded up or covered for no more
than 90 days.
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
B.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon. All
such properties shall be free of ruts and gullies which are man-made
or caused by erosion due to improper drainage. Such properties shall
not contain any stagnant water that facilitates the harboring of mosquito
larvae and the potential for West Nile Virus and or other such health
risk.
Exception: Approved retention areas and reservoirs.
C.
Sidewalks and driveways. The property owner shall keep all sidewalks,
walkways, stairs, driveways, parking spaces and similar areas in their
legal control, in a proper state of repair, and maintained free from
hazardous conditions as follows:
(1)
Concrete surfaces.
(a)
Repairs shall be required for any concrete surfaces as follows:
[1]
If such surfaces pose a slip or tripping hazard due to holes,
chipped or spalding surfaces; or missing or loose material.
[2]
If such surfaces have three or more cracks in any block area
bounded by expansion joints, relief cuts or natural edge.
[3]
If such surfaces have three or more cracks in any 12 square
foot pad area.
[4]
If a stretch of curbing has three or more cracks in any 12 linear
foot curb run.
[5]
If a stretch of curbing has two or more cracks in any curbing
that is less than eight linear feet long bounded by expansion joints,
relief cuts or natural edge.
[6]
If such surfaces have one or more cracks in excess of 1/16 of
an inch.
[7]
If such surfaces have any uneven walking surfaces in excess
of 1/4 of an inch.
(b)
Repair specifications. Any repairs required shall be performed
under an approved permit and in accordance to Borough specifications.
(2)
Paving and or blacktop surfaces.
(a)
Repairs shall be required for any paving or blacktop surfaces
as follows:
[1]
If such surfaces pose a slip or tripping hazard due to holes,
chipped or flaking surfaces or missing or loose material.
[2]
If such surfaces have three or more cracks in any block area
bounded by expansion joints, relief cuts or natural edge.
[3]
If such surfaces have three or more cracks in any twelve-square-foot
pad area.
[4]
If a stretch of curbing has three or more cracks in any twelve-linear-foot
curb run.
[5]
If a stretch of curbing has two or more cracks in any curbing
that is less than eight linear feet long bounded by expansion joints,
relief cuts or natural edge.
[6]
If such surfaces have one or more cracks in excess of 1/16 of
an inch.
[7]
If such surfaces have any uneven walking surfaces in excess
of 1/4 of an inch.
(b)
Repair specifications. Any repairs required shall be performed
under an approved permit and in accordance to Borough specifications.
(3)
Prohibited uses of sidewalks. Sidewalks are specifically for pedestrian
use only. No sidewalk shall be obstructed in any manner by any objects
other than a utility pole, a traffic sign or signal, a fire hydrant,
parking meter or a rubbish receptacle, which has been placed on the
sidewalk for public use by the Borough. The placing of any obstructions,
displays, storage, storage containers, signs, private lamppost and
lamps, wares, carts, vehicles, dumpsters, other advertising devices,
overhead banners, signposts, goods, merchandise, boxes, containers,
stands, commodities, or articles of any kind upon a sidewalk are expressly
prohibited. However, temporary events conducted upon the sidewalk,
or the temporary placement of special banners, flags or other display
items are permitted when approved by Borough Council. The placement
of leaves, vegetation, trash, garbage, rubbish or any other items,
for the purposes of collection under guidelines set forth by a collection
program established by the Borough is permitted, within the guidelines
and time frames as established by such collection programs.
D.
Lawn and vegetation care. All premises and exterior property shall
be maintained free from grass, weeds or plant growth in excess of
10 inches (254 mm). This shall also include grass, weeds or plant
growth located between the curb and sidewalk areas; around poles,
post, signs, trees, fire hydrants etc. All noxious weeds shall be
prohibited. "Weeds" shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs; provided, however, this
term shall not include cultivated flowers and gardens.
(1)
Vegetation along the curb and street line. Vegetation growth along
the gutter line adjacent to the curb of a public way shall be prohibited
and shall be the responsibility of the property owner.
(2)
Vegetation overgrowth and obstruction of public ways. Trees, bushes
or other vegetation shall:
(a)
Not be permitted to obstruct or reduce the width or height of any emergency vehicle access paths as specified in Subsection K.
(b)
Not be permitted to reduce the canopy height of any sidewalks
or public passage walks to less than eight feet at any point, nor
shall it project out into the width of any sidewalk or public passage
by more than one foot, but in no case shall any public passageway
be less than 36 inches, unless such projection is above the prescribed
canopy height.
(c)
Not be permitted to obstruct the clear sight triangle of vehicular access onto a public way as determined by the Chief of Police and defined in Article II.
Exception: Vegetation that poses no more of a sight line obstruction
than existing buildings or structures previously approved by the Borough
and sharing the same sight line.
(d)
Not be permitted to grow in a manner that is unsightly, unkempt
or a public nuisance. All such bushes and hedges shall be maintained
free of any weeds or mixtures of other vegetation; and shall be routinely
trimmed or cut to maintain a uniform shape.
(e)
Maximum height of hedges and hedgerows. Any hedges, hedgerows or clusters of hedges or hedgerows, running parallel to a front, side or rear property line, that have a lateral spread of more than 50% of such properly line, shall not be permitted to reach a height greater than the heights permitted for fences as spelled out in Chapter 300, Zoning (see diagram below).
[Added 8-24-2006 by Ord.
No. 1330]
|
Exception: This shall not include hedges or hedgerows that do
not exceed four feet in height or buffers required as a condition
of a decision of the Borough's Zoning Hearing Board or Planning
Commission, which specify a minimum or maximum height.
|
 |
(3)
Lawn care. No property owner shall permit any ground to become exposed
without suitable vegetation or ground cover to prevent erosion or
muddy areas, unless such areas are used for gardens or the planting
of trees, bushes or other approved shrubbery. Areas covered with intermitted
patches of grass; or weeds and other obnoxious growth shall not be
considered suitable ground cover.
(4)
Failure to comply. The owner or agent having charge of a property shall have a minimum of seven days upon service of notice of violation, to cut and or remove any weeds or vegetation found to be in violation of this code. Failure to comply shall result in prosecution in accordance with § 220-6 and/or abatement by the Borough in accordance with Subsection D(8).
(5)
Removal of clippings. Clippings from trees, brush, grass or other vegetation shall not be left to die or discolor; and shall be swept up, bundled and removed from the property within seven days. Persons responsible for violation of this section shall be deemed guilty of a summary offense in accordance to § 220-6C and shall receive citations without prior notification as provided for in § 220-7A.
(6)
Leaves and clippings upon streets and sidewalks. No leaves or clippings from trees, brush, grass or other vegetation shall be left, swept or blown upon any sidewalk, common alley or street unless properly packaged and placed for collection in accordance to the Borough Code. Persons responsible for violation of this section shall be deemed guilty of a summary offense in accordance to § 220-6C and shall receive citations without prior notification as provided for in § 220-7A.
(7)
Blockage of storm drains and fire hydrants. No leaves, clippings or other items shall be placed in or upon any storm drain openings, or block any fire hydrants or other fire department connections. Persons responsible for violation of this section shall be deemed guilty of a summary offense in accordance to § 220-6C and shall receive citations without prior notification as provided for in § 220-7A.
(8)
Abatement of violation. Upon failure to comply with a notice of violation, any duly authorized employee of the Borough or contractor hired by the Borough shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Failure to pay such cost shall result in the Borough filing a lien as prescribed in § 220-6E.
E.
Outside storage and or use of indoor furniture appliances or vehicle
seats. No indoor furniture such as sofas, chairs, mattresses etc;
vehicle seats; and or interior appliances such as stoves, freezers,
refrigerators etc, shall be used and or stored outdoors for more than
72 hours. For the purposes of this section, the term "outdoors" shall
include any areas outside the structure and or portions of the structure
that are screened, unenclosed and or plainly visible from the public
way.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
H.
Vehicles on private property. As defined in § 220-62D, vehicles on private property shall be regulated as follows:
(1)
Abandoned vehicles. Except as provided for in other regulations, no inoperative or unlicensed vehicle shall be parked, kept or stored on any premises. Such vehicles shall be considered abandoned vehicles and shall be regulated in accordance to Article X.
(2)
Painting and repair of vehicles. As defined in Article X, repair of vehicles shall be regulated as follows:
(a)
All vehicle repairs performed on residential properties must
have the permission of the property owner. All such vehicles must
be owned by an occupant of the property or immediate family member.
The repair or maintenance of vehicles for profit shall be prohibited.
Such repairs must comply with the following.
[1]
Normal fluid and minor maintenance repairs must be performed
on a paved surface and must be completed and all equipment and residue
cleaned up within 24 hours after start of repairs.
[2]
All other major repairs and painting must be performed inside
a structure or similarly enclosed area designed and approved for such
purposes.
(b)
All vehicle repairs and painting performed on nonresidential
properties must be in conformance with all Borough zoning, building
and fire codes.
(3)
Commercial vehicles in residentially zoned areas.
(a)
The parking or storing of any vehicles other than a passenger car, family van, recreational vehicle or motorcycle is prohibited unless such vehicle is owned by the property owner, and the use of such vehicle is incidental to an approved use of the property as regulated by Chapter 300, Zoning.
(b)
Exception. The parking or storing of vehicles requiring a commercial
operators license is prohibited.
(4)
Overnight parking in non-residentially zoned areas. The overnight
parking or storing of vehicles requiring a commercial operators license
is prohibited, unless such vehicle is incidental to the legally conforming
use of the property.
(5)
Vehicles parked on nonsuitable surfaces. Vehicles shall be parked
on surfaces consisting of blacktop, concrete or crushed stone. Vehicles
shall not be parked on a grass, dirt, mud surface, or any other surfaces
that cause ruts or the tracking of debris, dirt, mud or other materials
onto a paved or concrete surface.
(6)
Vehicle tires depositing mud on public places. No person shall drive
or move any truck or other vehicle within the Borough so that the
wheels or tires of such vehicle carry onto or deposit on any street,
alley or other public place mud, dirt, sticky substances or foreign
matter of any kind.
(7)
Vehicles to be constructed and loaded to prevent littering. No person
shall drive or move any truck or other vehicle within the Borough
unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any street
or other public place within the Borough or upon private premises.
I.
Defacement of property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure or building
on any private or public property by placing thereon any marking,
carving or graffiti. It shall be the responsibility of the owner to
restore said surface to an approved state of maintenance and repair
and to remove any markings, carvings or graffiti within 72 hours upon
notice by the Borough.
J.
Undesirable accumulations on private property. No person shall keep
or permit to remain on his or her premises, any garbage, rubbish,
waste or waste material or any other offensive or unwholesome matter,
so as to annoy or be offensive to any other person, or to be attractive
for the harboring of rats or other vermin.
(1)
Dumping. No person shall dump or permit the dumping thereof, on his or her premises, or on any private property within their control, including any vacant lot, any garbage, rubbish, waste or waste material or any other offensive or unwholesome matter, or cast the same upon any vacant lot, upon any shore or margin of any stream within the Borough, or so near the limits thereof as to annoy or be offensive to any other person, or to be attractive for the harboring of rats or other vermin. Persons responsible for violation of this section shall be deemed guilty of a summary offense in accordance to § 220-6C and shall receive citations without prior notification as provided for in § 220-7A.
K.
Littering/dumping in public places. No person shall throw, dump,
deposit or allow to occur trash or rubbish in or upon any street,
sidewalk or other public place within the Borough, except that litter
may be thrown or deposited in public receptacles or in authorized
private receptacles for collection.
(1)
Placing litter in receptacles. Persons placing litter in public receptacles
or in private receptacles shall do so in a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other place or upon private property.
(2)
Litter from vehicles. No person while a driver or passenger in a
vehicle shall throw or deposit litter upon any street or other public
place within the Borough or upon private premises.
(3)
Responsibility for litter. Persons owning, leasing or occupying private
premises, including places of business, shall keep the sidewalk in
front of their premises free of litter.
(4)
Sweeping litter into public places. No person shall sweep into or
deposit in any gutter, street or other public place within the Borough,
the accumulation of litter from any building, lot, public or private
sidewalk or driveway.
(5)
Littering in any parks. No person shall throw dump, deposit or allow
to occur litter in any park within the Borough except in public receptacles
and in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park or
upon any street or other public place. Where public receptacles are
not provided, all such litter shall be carried away from the park
by the person responsible for its presence and properly disposed of
elsewhere as provided by this section.
(6)
Bodies of water. No person shall throw, deposit or allow to occur
litter in any stream, creek, run or any other body of water within
the Borough.
(7)
Occupied private premises. No person shall throw, deposit, dump or
allow to occur litter on any occupied private premises within the
Borough, whether owned by such person or not, except that the owner
or person in control of private premises may maintain authorized private
receptacles for the collection of litter in such a manner that litter
will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
premises.
(8)
Duties of property owners or persons in control. The owner or person
in control of any private premises shall at all times maintain the
premises free of litter; provided, however, that this section shall
not be so construed as to prohibit the storage of litter in authorized
private receptacles for collection.
(9)
Dumping on vacant private premises. No person shall throw, dump,
deposit or allow littering to occur on any open or vacant property
within the Borough, whether owned by such person or not.
L.
Emergency vehicle access path. A fourteen-foot-high-by-twenty-foot-wide
access path shall be maintained for emergency vehicle access, along
all public passageways, nonresidential driveways or parking areas.
The canopy height and width shall not be obstructed by any, but not
limited to vegetation, utility lines, aerial wires, cables, banners,
ropes, vehicles, fences, sheds, dumpsters, basketball backboards/stands,
buildings or structures. This shall not include the positioning of
structures or parking areas that have been approved by the Borough.
(1)
Exception. Garbage and rubbish dumpsters meeting the requirements of § 220-21F may be placed in common alleys if they meet the following conditions:
(a)
Their placement shall not reduce the access path to less than
14 feet high by 12 feet wide.
(b)
No more than two dumpsters shall be placed on one property.
(c)
Dumpsters shall not be placed closer than 12 feet from any intersecting
streets or common allies.
(d)
Such dumpsters shall be fixed with some type of chain or other
approved attachment that enables the dumpster to be securely fastened
to the building at all times and to prevent the unit from inadvertently
rolling into the emergency vehicle access path.
(e)
Such dumpsters shall be equipped with wheels or casters an can
be moved by one or two people, without the use of any keys, special
tools or special force.
(f)
Any dumpsters that are determined to be a hazard shall be removed.
M.
Shopping carts. Any shopping carts found abandoned upon the highways,
streets, alleys, sidewalk or other private property, shall be deemed
to a public nuisance and shall be impounded by the Borough. The Borough
shall notify the owners of such carts, setting forth the number of
carts impounded and directing the owner to redeem the same within
30 days and upon payment of impounding fees as specified in the Borough
Fee Schedule. The Borough may sell any unclaimed carts or carts whose
owners can not be clearly identified. Such sale shall be in accordance
to the Uniform Commercial Code, governing warehousemen, namely, subsection
2 of an Act of Assembly dated April 6, 1953, P.L. No. 37-210, as amended.
(1)
Users responsibilities. Any person who makes use of any shopping
cart, belonging to or furnished by the owner of any mercantile or
retail store, market or shopping center, for assembling or moving
of groceries, foodstuffs or other mercantile items, shall after such
use, promptly return the shopping cart to the property from whence
taken.
(2)
Owner responsibilities. The owner of any mercantile/retail stores,
markets or shopping centers, shall collect their discarded shopping
carts and return them to an approved cart storage area on a daily
basis.
N.
Outdoor clothes drying. No person shall throw, place, keep or permit
clothing or laundry of any kind to be dried upon a porch, lawn stoop,
fence, yard, yard furniture, bush or tree. Laundry may only be hung
to dry on clotheslines or manufactured clothes-drying trees located
in rear yards, of any residence, house apartment, business or institution
within the Borough.
O.
Snow and ice removal. All owners of buildings or land shall be responsible
for the removal of any snow and ice as follows:
(1)
The owner of any property that abuts any sidewalks on a public highway
or common alley shall remove all snow from such sidewalks within 24
hours after the final snowfall.
(2)
Snow shall be removed from all sidewalks and walking surface to provide
a pathway of at least 36 inches.
(3)
The owner of any property that abuts any sidewalks on a public highway
or common alley shall not permit ice, upon which it is dangerous to
travel, to remain on such sidewalk.
(4)
No owner shall permit snow or ice to conceal any fire hydrant, or
other fire department connections located on their property.
(5)
No owner shall permit snow or ice to remain on any fire department
access road located on their property.
(6)
No person shall shovel, plow or move snow out into the public way
after it has been plowed, moved or removed, unless authorized by the
Borough.
P.
Keeping of fowl or other non domesticated animals prohibited.
(1)
No person shall maintain any building or structure of any kind for
the keeping or housing of fowl or other nondomesticated animals within
the Borough.
(2)
Subsection P(1) above shall not apply to any persons or individuals who have received prior approval from the Borough to maintain such fowl or animals. However all such fowl or animals shall be maintained in houses, building and or enclosures that comply in every respect with the provisions of Subsection P(3) hereof.
(3)
All houses or other buildings or enclosures used for the housing,
brooding, breeding or raising of fowl or other animals shall at all
times be kept clean and in a sanitary condition, free of all vermin,
rodents and lice.
(4)
No garbage, offal, putrid meat or other offensive or unwholesome
matter shall be permitted to remain in or about such premises.
(5)
Such building or enclosures shall be kept free of noxious odors and
fumes at all times and shall be cleaned regularly.
(6)
The use of the property or structure shall not be enlarged greater
than the current use or size, nor shall such use be permitted after
the use is once terminated or discontinued.
Q.
Borough shade trees. Premises owner shall be responsible for compliance
with all shade tree regulations as specified in the Borough Code.
(1)
Tree maintenance. Trees shall be properly maintained and free of
any defects that could cause the tree or any other parts of the tree
to fall down.
(2)
Property owner responsible. The owner of the property shall be responsible
for the proper maintenance, repair or removal of any tree roots, branches,
leaves or any other parts of a tree.
(3)
Actions prohibited. The following actions shall be prohibited:
(b)
No person shall attach to any tree any wire or rope for the
support of poles or radio aerials or for any other purpose.
(c)
No person shall open or dig into any street, curb or sidewalk
in such a manner as to injure or destroy any street trees, unless
such trees are scheduled to be legally removed.
(d)
Roots, branches, leaves or any other part of a tree on private property shall comply with Subsection D(2) and shall not be permitted to interfere with utility wires, poles or other facilities, sewerage or drainage.
(e)
Roots, branches, leaves or any other part of a tree on private
property shall not be permitted to extend over into the property of
another in a manner that is causing damage to the adjacent property
such as damage to sidewalks, fencing, exterior surfaces of structures
etc.
R.
Sedimentation removal. All exterior areas of non-owner-occupied one-
and two-family dwellings shall be properly maintained and free of
any accumulations of dirt, stones, cinders, salts, granular powders,
dust or other similar sedimentations. Such accumulations resulting
from winter snow and ice removal activities initiated after November
1 shall be removed by April 1 of the following year.
S.
Vehicle and parking lot control devices maintained. Vehicle and parking
lot control devises such as concrete bumpers, poles, post, bollards,
guide rails, dividers and parking lot striping, must be properly maintained,
painted and or surface protected to prevent rust, decay, deterioration
or discoloration. Such items that are damaged, broken, bent, dented
color faded or dislodged from their normal location, or incur other
similar damages shall be refinished, replaced, relocated or repaired.
T.
Signs, post, poles and fences. Must be properly maintained, painted
and or surface protected to prevent rust, decay, deterioration or
discoloration. Such items that are damaged, broken, bent, dented,
color faded or dislodged from their normal location, or incur other
damages, shall be refinished, replaced, relocated or repaired.
A.
Swimming pools, hot tubs and spas. Swimming pools, hot tubs and spas
shall be maintained in a clean and sanitary condition, and in good
repair and shall comply with the provisions of this section.
(1)
Annual inspections. All swimming pools containing water more than
24 inches (610 mm) in depth, shall be inspected on an annual basis
for compliance with this section and any Borough health codes.
(2)
Exception. This shall not include storable swimming or wading pools
less than 24 inches in depth that are not equipped with an electrically
operated filter and pump system and are intended for the use of small
children.
B.
Enclosures. Private swimming pools, hot tubs and spas, containing
water more than 24 inches (610 mm) in depth shall be completely surrounded
by a fence or barrier at least 48 inches (1,219 mm) in height above
the finished ground level measured on the side of the barrier away
from the pool. Gates and doors in such barriers shall be self-closing
and self-latching. Where the self-latching device is less than 54
inches (1,372 mm) above the bottom of the gate, the release mechanism
shall be located on the pool side of the gate. Self-closing and self-latching
gates shall be maintained such that the gate will positively close
and latch when released from an open position of six inches (152 mm)
from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety
barrier.
C.
Storable swimming or wading pools shall comply with the following:
(1)
A cord-connected, pool filter pump for use with storable pools shall
incorporate an approved system of double insulation or its equivalent
and shall be provided with means for grounding only the internal and
nonaccessible non-current-carrying metal parts of the appliance.
(2)
The means for grounding shall be an equipment-grounding conductor
run with the power-supply conductors in a flexible cord that is properly
terminated in a grounding-type attachment plug having a fixed grounding
contact.
(3)
Electrical equipment, including power-supply cords, used with storable
pools shall be protected by ground-fault circuit-interrupters.
(4)
Luminaires used with the pool or installed within the pool must be
properly listed for their use.
D.
Receptacle outlets. Swimming pools required to be inspected on an annual basis and hot tubs and spas located on properties that are rented, leased, let or offered for sale, shall have receptacle outlets installed and located in accordance with Subsection D(1) through (4). Distances shall be measured as the shortest path that an appliance supply cord connected to the receptacle would follow without penetrating a floor, wall, ceiling, doorway with hinged or sliding door, window opening, or other effective permanent barrier.
(1)
Location. Receptacles that provide power for water pump motors or
other loads directly related to the circulation and sanitation system
shall be permitted to be located between five feet and 10 feet (1,524
mm and 3,048 mm) from the inside walls of pools and outdoor spas and
hot tubs, and, where so located, shall be single and of the locking
and grounding type with weatherproof covers and shall be protected
by ground-fault circuit interrupters. Other receptacles on the property
shall be located not less than 10 feet (3,048 m) from the inside walls
of pools and outdoor spas and hot tubs.
(2)
GFCI protection. All exterior 125-volt receptacles located on a property
containing a pool, spa or hot tub shall be protected by a ground-fault
circuit-interrupter.
(3)
Indoor locations. Receptacles shall be located not less than five
feet (1,524 mm) from the inside walls of indoor spas and hot tubs.
A minimum of one 125-volt receptacle shall be located between five
feet (1,524 mm) and 10 feet (3,048 mm) from the inside walls of indoor
spas or hot tubs.
(4)
Indoor GFCI protection. 125-volt receptacles located within 10 feet
(3,048 mm) of the inside walls of spas and hot tubs installed indoors
shall be protected by ground-fault circuit-interrupters. One-hundred-twenty-five-volt
receptacles located within five feet (1,524 mm) of the inside walls
of hydro massage bathtubs shall be protected by a ground-fault circuit-interrupter.
E.
Switching devices. Swimming pools required to be inspected on an
annual basis and hot tubs and spas located on properties that are
rented, leased, let or offered for sale, shall have switching devices
located not less than five feet (1,524 mm) horizontally from the inside
walls of pools, spas and hot tubs, except where separated from the
pool, spa or hot tub by a solid fence, wall, or other permanent barrier.
F.
Disconnecting means. Swimming pools required to be inspected on an
annual basis and hot tubs and spas located on properties that are
rented, leased, let or offered for sale show have an accessible disconnecting
means to disconnect all ungrounded conductors for all utilization
equipment, other than lighting, shall be provided and located within
sight from all pools, spas, and hot tub equipment, and shall be located
not less than five feet (1,524 mm) from the inside walls of the pool,
spa or hot tub.
G.
Luminaires and ceiling fans. Lighting outlets, luminaires, and ceiling-suspended paddle fans for swimming pools required to be inspected on an annual basis and hot tubs and spas located on properties that are rented, leased, let or offered for sale shall be installed and located in accordance with Subsection G(1) through (5).
(1)
Outdoor location. In outdoor pool, outdoor spas and outdoor hot tubs
areas, luminaires, lighting outlets, and ceiling-suspended paddle
fans shall not be installed over the pool or over the area extending
five feet (1,524 mm) horizontally from the inside walls of a pool
except where no part of the luminaire or ceiling-suspended paddle
fan is less than 12 feet (3,658 mm) above the maximum water level.
(2)
Indoor locations. In indoor pool areas, the limitations of Section
E4103.4.1 shall apply except where the luminaries, lighting outlets
and ceiling-suspended paddle fans comply with all of the following
conditions:
(a)
The luminaries are of a totally enclosed type;
(b)
A ground-fault circuit interrupter is installed in the branch
circuit supplying the luminaries or ceiling suspended (paddle) fans;
and
(c)
The distance from the bottom of the luminaire or ceiling-suspended
(paddle) fan to the maximum water level is not less than seven feet
six inches (2,286 mm).
(3)
Existing lighting outlets and luminaires. Existing lighting outlets
and luminaires that are located within five feet (1,524 mm) horizontally
from the inside walls of pools and outdoor spas and hot tubs shall
be permitted to be located not less than five feet (1,524 mm) vertically
above the maximum water level, provided that such luminaires and outlets
are rigidly attached to the existing structure and ground-fault circuit-interrupter
protection is provided for the branch circuit that supplies such luminaires
and outlets.
(4)
Indoor spas and hot tubs.
(a)
Luminaires, lighting outlets, and ceiling-suspended paddle fans
located over the spa or hot tub or within five feet (1,524 mm) from
the inside walls of the spa or hot tub shall be a minimum of seven
feet, six inches (2,286 mm) above the maximum water level and shall
be protected by a ground-fault circuit interrupter. Luminaires, lighting
outlets, and ceiling-suspended paddle fans that are located 12 feet
(3,658 mm) or more above the maximum water level shall not require
ground-fault circuit interrupter protection.
(b)
Luminaires protected by a ground-fault circuit interrupter and complying with Subsection G(4)(b)[1] or [2]shall be permitted to be installed less than seven feet, six inches (2,286 mm) over a spa or hot tub.
[1]
Recessed luminaries shall have a glass or plastic lens and nonmetallic
or electrically isolated metal trim, and shall be suitable for use
in damp locations.
[2]
Surface-mounted luminaries shall have a glass or plastic globe
and a nonmetallic body or a metallic body isolated from contact. Such
luminaries shall be suitable for use in damp locations.
(5)
GFCI protection. Luminaires and outlets that are installed in the
area extending between five feet (1,524 mm) and 10 feet (3,048 mm)
from the inside walls of pools and outdoor spas and hot tubs shall
be protected by ground-fault circuit-interrupters, except where such
fixtures and outlets are installed not less than five feet (1,524
mm) above the maximum water level and are rigidly attached to the
structure.
H.
Overhead conductor clearances. Except where installed with the clearances
specified in the International Residential Code, existing service-drop
conductors or any other open overhead wiring shall not be permitted
to remain over the following parts of pools and outdoor spas and hot
tubs, nor shall such wiring be installed above the following:
(1)
Pools and the areas extending 10 feet (3,048 mm) horizontally from
the inside of the walls of the pool;
(2)
Diving structures; or
(3)
Observation stands, towers, and platforms. Utility-owned, operated
and maintained communications conductors, community antenna system
coaxial cables and the supporting messengers shall be permitted at
a height of not less than 10 feet (3,048 mm) above swimming and wading
pools, diving structures, and observation stands, towers, and platforms.
I.
Bonding and grounding of swimming pools. All in-ground swimming pools
shall have proof of a third-party electrical certification showing
compliance with all swimming pool bonding and grounding requirements
as contained in the National Electric Code. Such certification shall
be valid for three years.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare, or to detract from area property
values.
B.
Protective treatment. All exterior surfaces, including but not limited
to doors, door and window frames, cornices, porches, trim, balconies,
decks and fences shall be maintained in good condition. Exterior wood
surfaces, other than decay-resistant woods, shall be protected from
the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint in excess of 10% of
any wall surface area, not to include openings, shall be eliminated
and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors,
and skylights shall be maintained weather-resistant and watertight.
All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
C.
Premises identification. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street
or road fronting the property and from any common alley or public
right-of-way servicing the rear of the property. These numbers shall
contrast with their background. Address numbers shall be Arabic numerals
or alphabet letters. Numbers shall be a minimum of four inches (102
mm) high with a minimum stroke width of 0.5 inch (12.7 mm) and must
be plainly visible from the highway, street, road or common alley.
D.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All overhang extensions, including but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes,
and exhaust ducts shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
K.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
L.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
M.
Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weathertight.
Loose or defective screens, storm windows or window panes shall be
properly installed and functioning.
N.
Insect screens. Insect screen shall be provided as follows:
(1)
Residential occupancies. The owner of any dwelling unit, rooming
unit or housekeeping unit that is rented, leased, or let, shall provide
every window, door or other opening to the exterior with approved
tightly fitting screens of not less than 16 mesh per inch (16 mesh
per 25 mm) protection against mosquitoes, flies and other insects.
(2)
Nonresidential occupancies. Every door, window and other outside
opening required for ventilation of habitable rooms, food preparation
areas, food service areas or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25 mm) and
every swinging door shall have a self closing device in good working
condition.
Exception. Screen shall not be required where other approved
means, such as air curtains or insect-repellent fans, are employed.
O.
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 220-46C.
P.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
Q.
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
R.
Building security. Doors, windows or hatchways for dwelling units,
room units or housekeeping units shall be provided with devices designed
to provide security for the occupants and property within.
(1)
Doors. Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased, let or offered for sale,
shall be equipped with at least one lock meeting specifications set
forth herein. Such locks shall be operated only by the turning of
a knob or a key and shall have a lock throw of not less than one inch.
For the purpose of this section, a sliding bolt shall not be considered
an acceptable lock. Such locks shall be installed according to manufacturer's
specifications and maintained in good working order. All locks required
by this section shall be designed and installed in such a manner so
as to be operable inside of the dwelling unit, rooming unit or housekeeping
unit without the use of a key, tool, combination thereof or any other
special knowledge or effort.
(2)
Windows. Operable windows located in whole or in part within six
feet (1,828 mm) above ground level or a walking surface below that
provide access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased, let or offered for sale, shall be equipped
with a window-sash-locking devices.
(3)
Basement hatchways. Basement hatchways that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased, let
or offered for sale, shall be equipped with devices that secure the
units from unauthorized entry.
S.
Security grates. All security grates must be properly maintained
and operational. All surfaces must be free of rust and corrosion,
weatherproofed and properly surface coated where required to prevent
deterioration.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of
a structure containing a rooming house, housekeeping units, a hotel,
a dormitory, two or more nonresidential occupancies, shall maintain,
in a clean and sanitary condition, the shared or public areas of the
structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
C.
Interior surfaces.
(1)
All interior surfaces, including windows and doors, shall be maintained
in good, clean and sanitary condition. Peeling, chipping, flaking,
or abraded paint shall be repaired, removed, or covered. Cracked or
loose plaster, decayed wood, and other defective surface conditions
shall be corrected.
(2)
Exception. Owner-occupied single-family homes and one- and two-family
dwellings that are offered for sale, unless such surfaces contain
lead-based paint and or were caused by leaking roofs, walls or ceilings,
or caused by damage due to fire, explosion, flood, impact, earthquake,
wind or other similar event.
D.
Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
E.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
G.
Windows and human impact loads. Properties that are rented, leased,
let or offered for sale shall be protected by tempered or other approved
impact load glass in the following areas:
(1)
Glazing in doors and enclosures for hot tubs, whirlpools, saunas,
steam rooms, bathtubs and showers.
(2)
Glazing (windows) in any part of a building wall enclosing hot tubs,
whirlpools, saunas, steam rooms, bathtubs and showers where the bottom
exposed edge of the glazing is less than 60 inches (1,524 mm) measured
vertically above any standing or walking surface.
H.
Multiple cooking facilities.
(1)
For the purposes of this section, any single-family dwelling containing
multiple cooking facilities shall be viewed as a multiple-family dwelling.
Such dwelling shall be prohibited unless they comply with all applicable
provisions of the Borough Code or are approved by the Zoning Hearing
Board.
(2)
Exception. Multiple cooking facilities that comply with all applicable
building and fire codes may continue if the property owner submits
an affidavit and other support information to the appeals board stating
the property will not be used as a multiple-family occupancy, rented
or used by persons other than the immediate family.
I.
Mold. All properties shall be free of any visible presence of mold.
J.
Lead paint. All premises or portions thereof that are rented, leased,
let or offered for sale, shall be free of any visible presence of
lead paint that poses a health and safety issue to any occupants.
K.
Asbestos. All properties that are rented, leased, let or offered
for sale shall be free of any visible presence of asbestos that poses
a health and safety issue to any occupants.
A.
General.
(1)
Every exterior and interior flight of stairs having more than four
risers shall have a handrail on one side of that stair and every open
portion of a stair, landing, balcony, porch, deck, ramp or other walking
surface which is more than 30 inches (762 mm) above the floor or grade
below shall have guards.
(2)
Exception. Handrails and guards shall not be required where none
existed previously and physical conditions make it excessively burdensome
to install such handrails or guards without significant alterations
to the surrounding structure.
B.
If handrail and guards installations are required. Any property that does not comply with Subsection A shall have handrails and guards installed as follows:
(1)
Handrail details. Handrails shall not be less than 30 inches (762
mm) high or more than 42 inches (1,067 mm) high measured vertically
above the nosing of the tread or above the finished floor of the landing
or walking surfaces and shall be continuous the full length of the
stairs, unless interrupted by a newel post at a turn. Handrails adjacent
to a wall shall have a space of not less than 1.5 inches (38 mm) between
the wall and the handrail.
(2)
Guard details. Guards shall not be less than 30 inches (762 mm) high
above the floor of the landing, balcony, porch, deck, or ramp or other
walking surface and shall not allow the passage of a six-inch sphere.
(3)
Exception. Any residential property that has an occupiable roof area
that is serviced by a door or other walkway opening in which such
roof area can also be used as a deck, porch or other similar gathering
spot, shall be permitted to protect such area by installing a self-closing
and self-latching device on the door. The self-latching device shall
be no less than 54 inches above the interior floor area. The door
shall be maintained such that the door will positively close and latch
when released from an open position of six inches from the door frame.
(4)
In addition, a guard of at least 24 inches in height must also protect
the perimeter of the deck.
C.
Materials. All materials, colors and designs incorporated into the
repair or replacement of handrails or guards must be consistent with
the character of the immediate area and shall be subject to approval
by the Code Officer.
A.
Accumulation of rubbish, garbage, or recyclables. The owner of any
premises and or the occupant of any structure, shall be responsible
for the exterior property, premises, and the interior of every structure,
and shall maintain such areas free from any accumulation of rubbish,
garbage or recyclables.
B.
Disposal of rubbish, garbage and recyclables. Every occupant of a
structure shall dispose of all rubbish garbage and recyclables in
a clean and sanitary manner as prescribed in the Borough's streets,
utilities and public services code as outlined in the Code of the
Borough of Yeadon, using proper containers as prescribed in this section.
Where differences occur between provisions of this code and the standards
contained in the Borough's streets, utilities and public services
code, the stricter provisions shall apply.
(1)
Rubbish garbage and recyclables storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, garbage and recyclables, and shall provide for its removal in accordance to Subsection B above.
(2)
Refrigerators. Refrigerators and similar equipment not in operation
shall not be discarded, abandoned or stored on premises without first
removing the doors.
C.
Placement of rubbish and garbage. The placement of rubbish, garbage
and recyclables shall be as follows:
(1)
Properties covered under the Borough's streets, utilities and public services code as outlined in the Code of the Borough of Yeadon, shall supply an approved leakproof containers properly maintained in accordance to Subsection D.
It shall be the responsibility of the property owner to provide
adequate containers as listed above, for any properties containing
three or more dwelling and/or rooming units.
(2)
Properties required to provide their own rubbish and garbage collection as outlined in the Borough's streets, utilities and public services code as outlined in the Code of the Borough of Yeadon shall do so by providing an approved leak proof, covered, outside garbage dumpster installed in accordance to Subsection E or by other methods approved by the Borough.
D.
Approved rubbish and garbage containers. An approved rubbish and
garbage container (trash can) shall meet the following specification
and shall be maintained as follows:
(1)
Must be a leakproof metal or plastic container of not more than 33-gallon
capacity which do not, when filled, weigh more than 30 pounds.
(2)
Shall be provided with close-fitting covers or lids for the storage
of such materials until properly disposed of.
(3)
Shall effectively prevent the entry of rain, snow, vermin and vectors
therein.
(4)
Shall effectively prevent the escape of noxious odors, effluent,
refuse and garbage.
(5)
Shall be maintained in good condition. Any receptacles that do not
conform to the provision of this article or that may have ragged or
sharp edges or any other defect liable to hamper or injure the person
collecting the contents thereof shall be promptly replaced.
(6)
Shall be marked with the address of the property served.
E.
Approved rubbish and garbage dumpsters. For the purposes of this
section, rubbish and garbage dumpsters shall be limited to such dumpsters
used to collect and remove the rubbish and garbage from facilities
on a daily basis. The placement of these dumpsters shall comply with
the following:
(1)
Collector must be properly licensed with the Borough prior to placement.
(2)
Must comply with all applicable zoning, health and fire codes.
(3)
Location of dumpster placement must be approved by the Fire Marshal.
(4)
Must be located on a minimum four-inch-thick concrete pad or other
hard smooth surface that will allow for scrubbing and cleaning as
needed and will not trap residue or leave ruts in the earth when the
unit is moved.
Exception: Dumpster placements that are approved by the Fire
Marshal.
(5)
Must have operable lids or covers which, when closed, shall effectively
prevent the escape of noxious odors, effluent, refuse and garbage,
and prevent the entry of rain, snow, vermin and vectors therein.
(6)
Dumpsters shall prominently display the name, address and telephone
number of the collector furnishing any such container and shall be
labeled with reflective tape, and plainly visible at night.
(7)
Dumpsters must be provided with adequate screening to consist of
fencing, shrubbery, masonry materials or other such materials approved
by the Code Officer. Such screening shall be provided on all four
sides. An access gate shall be provided for dumping and removal of
dumpster and shall be kept closed at all other times.
F.
Approved construction dumpsters. For the purposes of this section,
construction dumpsters shall be limited to such dumpsters placed on
site on a temporary basis and used to collect and remove rubbish,
garbage or construction debris from a property that is under construction,
renovation or cleanup. The placement of these dumpsters shall comply
with the following:
(1)
Collector must be properly licensed prior to placement.
(2)
Dumpsters shall prominently display the name, address and telephone
number of the collector furnishing any such container and shall be
labeled with reflective tape, and plainly visible at night.
(3)
Property owner must secure a permit if the dumpster is being used
for any construction projects, demolition, salvage or cleanup.
(4)
Must comply with all applicable zoning, health and fire codes.
(5)
Location of dumpster placement must be approved by the Code Officer.
G.
Trees trimmings and vegetation. Tree limbs, brush, hedge, tree clippings
and Christmas trees shall be placed for collection as follows:
(1)
Such items shall be placed in bags approved for the disposal of leaf
or other vegetation, or cut to lengths not to exceed three feet and
securely tied in bundles not more than 18 inches in diameter before
being offered for regular collection. Christmas trees shall be no
more than eight feet in total length.
(2)
Such placement for collection shall be limited to no more than 330
pound bundles of tree limbs, brush, hedge and tree clippings and one
Christmas tree for collection.
H.
Construction materials. The placement of construction materials, such as wood or metal studs, beams, rafters, joist, plywood, sheathing, siding roofing materials, electrical wiring, plumbing materials, cabinets, appliances and other discarded materials of a renovation, repair or construction project shall not be placed out for regular collection. Such items shall be considered bulk pick up and must comply with Subsection I.
I.
Bulk pickup. Bulk pickup shall be in accordance to the Borough's
solid waste collection program as outlined in the Code of the Borough
of Yeadon. Such materials shall be placed as directed by the Borough
Manager. The Borough Manager may refuse to permit the collection of
unreasonable amounts and require the producer of the same to dispose
of excessive amounts at the producer's expense.
J.
Cleanup of container effluent. No property owner shall permit or
allow any effluent or leakage from any containers or dumpster located
on the property to remain for more than 24 hours.
K.
Trash bags. With the exception of approved leaf and vegetation bags,
the placement of rubbish and or garbage in plastic or paper bags not
concealed in an approved container and or dumpster shall be prohibited.
L.
Recyclables rubbish or garbage stacked upon containers, dumpsters
or overflowing. No recyclables, rubbish or garbage shall be stacked,
placed or stored upon the top or sides of any containers and or dumpsters,
nor shall any recyclables, rubbish, garbage or contents be permitted
to overflow from any containers and or dumpsters.
M.
Mixing of recyclables, rubbish and garbage. Items covered under the
Borough's recycling program shall not be placed or mixed in with
any containers or dumpster designed for the disposal of rubbish or
garbage.
N.
Improper disposal of hazardous materials. Chemicals, fuels, liquids
solids and other items consider as hazardous materials shall not be
placed in any containers or dumpsters reserved for recyclables, rubbish
or garbage.
O.
Proper placement for collection. Rubbish and garbage in containers
as specified in this article shall be placed along the public street,
back driveway or designated collection area, inside the curbline,
not before 6:00 p.m. on the day preceding the scheduled collection.
P.
Placement for collection without lids or covers. Any containers or
dumpsters required to have tight-fitting covers and or lids, shall
have such covers and lids closed when such containers or dumpsters
contain rubbish and or garbage.
Q.
Proper storage of containers. No owner or occupant shall permit the
storage of rubbish, garbage or recyclable containers in the front
of the property, visible from the public way, unless such containers
are properly placed for collection. Rubbish, garbage and recyclable
containers shall be stored in a closed garage or in the rear of the
property, up next to the house.
R.
Public nuisance or offensive storage. No owner or occupant shall
permit such storage of containers or dumpsters to be a public nuisance
or offensive to others due to escape of noxious odors, effluent, refuse
and garbage, or excessive or overflowing materials, or the presence
of vermin and vectors therein.
S.
Retrieval of containers after pickup. Containers must be returned to their required storage area as outlined in Subsection Q, no later than 9:00 a.m. the morning following a scheduled pickup.
T.
Rubbish, garbage and recyclables not collected. Any uncollected rubbish, garbage or recyclables, regardless of non-collection reasons, shall be returned to the normal storage areas for containers in accordance to Subsection Q.
Exception: Items scheduled for bulk or special pickup with the
Borough.
U.
Scavenging prohibited. No person shall disturb, remove, upset or
in any way interfere with any garbage, ashes, refuse matter, rubbish
or recyclable material left for collection under this code for the
purposes of obtaining, removing or scavenging such materials for personal
use and or monetary profit or gain.
V.
Open burning prohibited. No person shall ignite or burn any rubbish, trash, refuse, leaves, limbs or waste material outdoors upon any public or private property, unless such burning is in accordance to § 220-51C.
X.
Recyclable containers. All containers required under the Borough's
recycling program shall be present and properly maintained.
A.
Infestation and rodent harborage. All structures and exterior property
shall be kept free from rodent harborage and infestation. Where evidence
of rodents and infestations are found, they shall be promptly exterminated
by approved processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to eliminate
rodent harborage and prevent reinfestation. All structures shall be
kept free from insect and rodent infestation. All structures in which
insects or rodents are found shall be promptly exterminated by approved
processes that will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
B.
Owner. The owner of any premises shall be responsible for extermination
within the structure or upon the property prior to renting or leasing
of the premises.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
E.
Occupant. The occupant of any structure shall be responsible for
the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the
structure, the owner shall be responsible for extermination.
A.
Accumulations of animal defecation and odors. Every owner or possessor
of real property in the Borough of Yeadon shall prevent or remove
any and all accumulations of animal waste, feces or excretions on
such property if such accumulations are excessive and or create unhealthy
conditions, or result in obnoxious odors or unsightly conditions beyond
the property.
B.
Animal defecation on private property. No person having possession,
custody or control of a household pet shall allow such household pet
to defecate upon a gutter, street, driveway, alley, curb or sidewalk
in the Borough; upon any floor or stairway of any building or place
frequented by the public or used in common by the tenants thereof;
upon any outside wall, walkway, driveway, alley, curb or stairway
of any building abutting on a public street or park; upon the grounds
of a public park or public area; or upon private property other than
the property of the owner of the household pet.
A.
General. For the purposes of this section, the distribution of advertisement
material shall include any handbills, signs, posters, stickers; circular,
advertising circular, fliers, notices, pictures and similar materials,
that are delivered to a premises by way of hand delivery or other
similar service not to include the distribution of mail by the United
States Postal Service. Materials distributed by the Borough and materials
used for political candidates running for office shall not be included.
B.
COMMERCIAL HANDBILL
NEWSPAPER
NONCOMMERCIAL HANDBILL
Definitions. The following words and terms shall, for the purposes
of this section and as used elsewhere in this code, have the meanings
shown herein.
Any printed or written matter, leaflet, pamphlet or any other
printed or otherwise reproduced literature or sample which advertises
for sale any merchandise, product, commodity or thing or which directs
attention to any business or mercantile establishment or which directs
attention to or advertises any meeting, theatrical performance or
event of any kind for which an admission fee is charged; and any printed
or written matter which, while containing reading matter other than
advertising matter, is predominantly and essentially an advertisement
and is distributed or circulated for advertising purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Includes any newspaper of general circulation published or
distributed for profit, as defined by general law; any newspaper published
or distributed for profit, duly entered with the United States Postal
Service in accordance with federal statute or regulation; and any
newspaper published or distributed for profit, filed and recorded
with any recording officer as provided by general law; and, in addition
thereto, includes any periodical or current magazine regularly published
and sold to the public.
Includes any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, unsubscribed newspaper or magazine,
paper booklet or any other printed or otherwise reproduced original
or copies of any matter or literature not included in the aforesaid
definition of a commercial handbill, or any commercial handbill, as
previously defined, used for a charitable or nonprofit purpose within
the meaning of Section 501(C)(3) of the Internal Revenue Code.
C.
Commercial business advertisement distribution. Advertisement material may be distributed by a commercial business, or other persons or entities not operating as a nonprofit organization, provided that such business, person or entity obtains the necessary license and permits required, as set forth in Subsection F.
D.
Nonprofit organizations within the Borough. Advertisement materials may be distributed by nonprofit organizations situated wholly or partially in the Borough provided that such nonprofit organization obtains the necessary license and permits required, as set forth in Subsection F.
(1)
Placement of signs and posters. Signs and posters shall be permitted
to be placed upon suitable locations, to include utility poles, but
shall not cover up other material. Such signs and posters are limited
to no more than 20 per event. Such signs and posters can not be placed
more than three weeks before the event and must be removed within
10 days after the event.
E.
Nonprofit organizations outside of the Borough. Advertisement materials may be distributed by nonprofit organizations situated outside the Borough, provided that such nonprofit organization obtains the necessary license and permits required, and makes application to the Council for permission to distribute such material at a public Council meeting. If granted, sighs and posters shall comply with Subsection D(1), but shall be limited to no more than 10 per event.
F.
Licenses permits and fees. Any business, person or entity required
to secure a license or permit shall comply with the following:
(1)
Applicant shall pay all application fees as covered in the Borough's
fee schedule and shall secure either a:
(a)
Annual license to distribute material Monday through Saturday
between the hours of 9:00 a.m. and 7:00 p.m.
(b)
A daily license to distribute material Monday through Saturday
between the hours of 9:00 a.m. and 7:00 p.m.
(c)
A one-day license to distribute material Monday through Saturday
between the hours of 9:00 a.m. and 7:00 p.m.
(2)
Must provide a list of properties or areas of which materials will
be distributed.
(3)
Any business, person or entity found distributing materials without
a license or permit shall be charge a double license or permit fee.
(4)
Exception. Newspapers of general publication, which are subscribed
to by those receiving such newspaper, political parties and nonprofit
organizations are exempt from all license, license fee and permit
fee requirements.
G.
Distribution of materials. The distribution of advertisement materials
shall be as follows:
(1)
All materials distributed must be placed upon each property of the
resident or business to which they are intended and shall be distributed
in a manner that will prevent the material from being carried by the
wind.
(2)
The materials shall not be placed upon lawns, bushes, trees or other
vegetation of the property.
(3)
The materials shall not be placed upon any property on which two
other pieces of advertisement materials have previously been placed.
(4)
The materials shall not be placed where they could be a hazard to
any pedestrian.
(5)
The use of glue or adhesives is prohibited.
(6)
Materials that are legally posted and become torn, tattered, defaced
or damaged shall be removed immediately.
H.
Commercial handbills on private premises restricted. It shall be
unlawful for any person, firm or corporation to deposit, fasten, place,
throw, scatter or cast any unsubscribed commercial handbill or sample,
or cause the same to be done, upon any private premises if a sticker,
sign, poster or other device conspicuously lettered "LEAVE NO UNSUBSCRIBED
MATERIALS" is conspicuously posted on the front portion of the main
dwelling house of such premises or along the main entrance to such
premises.
I.
Unidentified commercial handbills. It shall be unlawful for any person,
firm or corporation to deposit, fasten, scatter or cast any unsubscribed
commercial handbill or sample, or cause the same to be done, which
does not have conspicuously printed thereon or therein the name and
address of the person, firm or corporation who, in the capacity of
distributor, caused the same to be distributed.
J.
Commercial handbills placed on parked vehicles. It shall be unlawful
for any person firm or corporation to deposit, fasten, place, throw,
scatter or cast any unsubscribed commercial handbill or sample, or
cause the same to be done, upon any parked vehicles parked upon any
street, highway, common alley, driveway or parking lot.
K.
Distribution of advertisements on public property, public areas and
public ways. It shall be unlawful for any person, firm corporation
or organization to deposit, fasten, place, throw, scatter or cast
any advertisements, or cause the same to be done, upon any public
property, public sidewalk, public highway, bridge, railroad, park,
bench, post, tree, mailbox, newspaper box, soda machine, street sign,
trash receptacle, utility box, utility pole or other outside structure
in the public area, unless approved by the Borough.
L.
Materials for political campaigns. Items used by persons running
for political office shall be permitted to be placed upon utility
poles, but shall not cover up other candidate's material. Such
signs and posters are limited to no more than 100 per candidate in
the Borough. Such signs and posters cannot be placed more than three
weeks before the election and must be removed within 10 days after
the election.
M.
Borough collection of advertising and campaign materials. The Borough reserves the right to collect or remove any material that has been illegally distributed, or has blown upon the public way, or collect or remove any signs or posters that have not been removed in the time set forth here within. The Borough will charge a $40 fee for the first 10 items collected or removed and $25 for every 10 items collected thereafter; plus an administrative handling charge. The collection of these fees shall be in addition to any citations and fines as outlined in § 220-6D.
A.
Registration and license required. No person shall engage in any
transient retail business, peddling, solicitation, or canvassing in
the Borough for commercial purposes without first registering with
the Police Department and securing a license or permit from the Code
Department.
B.
MOBILE VENDOR
PEDDLING
SOLICITATION and CANVASSING
Definitions. The following words and terms shall, for the purposes
of this section and as used elsewhere in this code, have the meanings
shown herein.
A vehicle parked upon or driven through the Borough streets
for the purpose of transacting business for the sale of goods, wares
or merchandise of any sort or description directly from the vehicle
to the community.
The sale of goods, wares or merchandise of any sort or description
from house to house or upon any of the streets or sidewalks of the
Borough.
The taking of orders for goods, wares or merchandise, including
subscriptions for magazines or other printed matter and the obtaining
of contracts for home and building devices, repairs and improvements
or the securing of contributions or of promises to contribute to various
causes and organizations from house to house or upon any of the streets
or sidewalks of the Borough. In no case shall this article apply to
any religious or political activities or causes.
C.
License application; issuance of license. The application and issuance
of any peddling or solicitation license shall be as follows.
(1)
Any person desiring to engage in peddling, solicitation or canvassing
shall submit a written application to the Police Department on a form
to be furnished by the Borough. Such application shall state the following
information:
(a)
Applicant's name, age, sex, home address, business address,
name and address of employer.
(b)
Submit two photographs 2 1/2 inches by three inches of
himself taken within six months prior to the date of the application.
(c)
What he desires to peddle, solicit or canvass.
(d)
The length of time he wished to engage in such activity.
(e)
The make, type and registration number of any and all vehicles
he will use.
(f)
Whether he has ever been convicted of a felony, misdemeanor
or a crime of any kind involving moral turpitude.
(g)
A list of all other cities, towns and counties where the applicant
has obtained a peddlers or solicitation permit or similar permit within
the past five years.
(h)
Such other information as may be required by the Borough.
(2)
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper, and an individual license shall be required for each
helper.
(3)
No license issued under this article shall be transferable from one
person to another.
(4)
The Borough Secretary will issue to the applicant an identification
license with one of the applicant's photographs affixed within
10 days from the date of filing of the application, provided that
all information required is supplied by the applicant.
(5)
The term of the license to be issued under this article shall be
for one day, one month or one calendar year.
D.
Reasons for denial of license. A license will not be issued to any
person who has been convicted of a felony, misdemeanor or a crime
of any kind involving moral turpitude.
E.
Fees. The license fee for a one-day, one-month and one-calendar-year
terms, respectively, shall be as set forth from time to time by resolution
of the Borough Council.
F.
Standards of conduct. Every person to whom a license has been issued
shall in the conduct of his activities comply with the following standards
of conduct:
(1)
He shall carry his license at all times and exhibit it upon request
to any police officer or to any person on whom he shall call, with
whom he shall talk or any Borough official or citizen.
(2)
He shall not permit any other person to have possession of his license
and shall immediately report its loss to the Borough Secretary. He
shall not cause or permit his license to be altered or defaced in
any way.
(3)
He shall not enter or attempt to enter any dwelling without the invitation
or permission of the occupant and shall immediately leave any premises
upon request of the occupant.
(4)
He shall not peddle, solicit or canvass at any time on Sunday or
upon any other day of the week before 9:00 a.m. or after dark.
(5)
He shall not be guilty of any false pretense or misrepresentation,
and particularly he shall not represent his license to be an endorsement
of himself or his goods or services or the goods or services of his
employer.
(6)
He shall immediately surrender his license to the Borough Secretary
upon revocation thereof.
(7)
He shall not peddle, solicit or canvass except within the limits
of activity and goods and services specified on his license.
(8)
He shall not hawk or cry his wares upon any of the streets or sidewalks
of the Borough nor shall be use any loudspeaker or horn or any other
device for announcing his presence.
(9)
He shall not place or deposit any refuse upon any of such streets
or alleys, nor may any such person maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in the Borough
for longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
(10)
He shall not have any exclusive right to any location in the
public streets, nor be permitted a stationary location, nor be permitted
to operate in any congested area where operations might impede or
inconvenience the public. For the purpose of this section, the judgment
of a police officer, exercised in good faith, shall be conclusive
as to whether the area is congested or the public impeded or inconvenienced.
G.
Revocation of identification card. Any license may be revoked by the Borough Secretary if the holder fails to comply with the standards of conduct contained in Subsection F hereof, or any of them, or upon ascertainment by the Police Department that the holder has made a false statement in his application.
H.
Exemptions. The license fee provisions of this article shall not
apply to boys or girls under 16 years of age who take orders for and
deliver newspapers, greeting cards, candy and the like or who represent
the Boy Scout and Girl Scout or similar organizations and take orders
for and deliver cookies and the like, nor to any person who registered
with the Pennsylvania Department of State, as required by Act. No.
337, approved August 9, 1963, known as the "Solicitation of Charitable
Funds Act,"[1] nor to farmers selling their own produce, nor to any
manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk or milk products, nor to disabled American
servicemen nor to others exempt by law, but such exempt persons shall
register with the Borough Police Department.
[1]
Editor's Note: See now the Solicitation of Funds for
Charitable Purposes Act, 10 P.S. § 162.1 et seq.
