[Ord. 39-2018, passed 10-17-2018]
Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
vendor operations without permits, high grass and weeds, graffiti
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 City,
which reduces business and tax revenue, inhibiting economic development.
The quality of life and community pride of the citizens of Erie are
negatively impacted by the occurrences and existence of these activities.
Recognizing these are community problems, the purpose of this ordinance
is to promote the health, safety and general welfare of the City by
helping to create and sustain a clean, healthy living environment
for the citizens of Erie.
[Ord. 39-2018, passed 10-17-2018]
(a)
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
(1)
ACCESSORY STRUCTURE — A structure which is on the same
parcel of property as a principal structure and the use of which is
incidental to the use of the principal structure.
(2)
CITY — The word "City" as used herein shall mean the City
of Erie, Pennsylvania.
(3)
COMMERCIAL VEHICLE — A motor vehicle that has a gross
vehicle weight of greater than 3,000 pounds and is primarily used
for business purposes, including, but not limited to, making service
calls, transporting equipment used in a business or in accomplishing
physical work as part of a business (such as hauling material).
A.
All buses transporting or authorized to transport passengers
for pay or hire, except a bus or buses whose principal route is located
within the City.
B.
All trucks, trailers, or semitrailers transporting or authorized
to transport property of any kind and all other vehicles designated
or operated for the transportation of property.
(4)
CURB — An edging of concrete, asphalt, sandstone or granite
built along a street to form a part of a gutter.
(5)
DANGEROUS TREES — Any tree that is considered dangerous
and unsafe to the public by the City Arborist, due to overgrowth,
disease, instability, infestation, harmful insects or a dead tree.
(6)
DEBRIS — Any material upon the premises that is a residue
of structural demolition, or any other material that is not neatly
stored, stacked, or piled in such a manner so as not to create a nuisance
or become a harboring place or food supply for insects and rodents.
(7)
DUMPING — Includes, but is not limited to, depositing
of litter, depositing durable goods (refrigerators, washers, dryers,
etc.), small appliances, furniture, carpets, tires, vehicles, vehicle
parts and automotive products, and other such municipal waste, hazardous
waste, residual waste and construction or demolition debris on public
or private property, except as authorized by law.
(8)
DWELLING — Any building or portion thereof which is designed
for or used for residential purposes. The word "Dwelling" shall not
include hotels, motels, or other structures used for transient residence.
(9)
FALSE FIRE ALARM — An alarm to which the Fire and/or Police
Department responds resulting from the activation of an alarm device
when a crime, fire, or other emergency warranting immediate action
by the Fire and/or Police Department has not in fact occurred.
(10)
GARBAGE — All waste material derived in whole or in part
from the meat of any animal or other animal material, and other refuse
of any character whatsoever that has been associated with any such
material, resulting from the handling, preparation, cooking, or consumption
of food.
(11)
HAZARDOUS WASTE — Any waste material or a combination
of solid, liquid, semisolid, or contained gaseous material that, because
of its quantity, concentration, physical, chemical, or infectious
characteristics, may:
A.
Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating illness.
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
(12)
HOUSEHOLDS — Includes without limitation single and multiple
family dwellings and structures, hotels, motels, bunkhouses, ranger
stations, campgrounds, picnic grounds and daily-use recreation areas.
(13)
INDOOR FURNITURE — Any and all pieces of furniture which
are made exclusively for use inside a building or house, including,
but not limited to, upholstered chairs and sofas, mattresses, dressers,
tables, etc.
(14)
LICENSE — A certificate or other document that confers
permission to engage in certain acts and/or conduct that would otherwise
be unlawful or prohibited.
(15)
LITTER — Includes, but is not limited to, all waste material,
garbage, trash, i.e., waste paper, tobacco products, wrappers, food
or beverage containers, newspapers, 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, and dirt, mud and yard waste that has been abandoned
or improperly discarded, deposited, or disposed.
(16)
LOCAL RESPONSIBLE AGENT — Any person residing or working
within the City of Erie designated to accept service on behalf of
a legal owner or operator of a business or dwelling.
(17)
LOT — A parcel of land abutting a public street.
(18)
MOBILE VENDOR — Any person engaged in the selling, or
offering for sale, of food, beverages, goods and/or services from
his person or from a vehicle or stand that is intended to be temporary,
or is capable of being moved from one location to another, whether
the person, vehicle, or stand is located within or on the premises
of the City, including without limitation, public streets, parks,
sidewalks, alley ways, rights-of-way, etc.
(19)
MOTOR VEHICLE — Any type of mechanical device, capable
or at one time capable of being propelled by a motor, in which persons
or property may be transported upon public streets or highways, and
including trailers or semitrailers pulled thereby.
(20)
MOTOR VEHICLE NUISANCE — A motor vehicle with one or more
of the following defects:
A.
Broken windshields, mirrors, or other glass, with sharp edges.
B.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
C.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
D.
Protruding sharp objects from the chassis.
E.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
H.
Any excessive fluids leaking from the vehicle which may be harmful
to the public or the environment.
I.
Disassembled body or chassis parts stored in, on or about the
vehicle.
J.
Vehicles that do not display a current, valid license and registration.
K.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
L.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
snow removal and/or emergency efforts.
(21)
MUNICIPAL WASTE — Any garbage, refuse, industrial, lunchroom,
or office waste, and other material, including solid, liquid, semisolid,
or contained gaseous material, resulting from operation of residential,
municipal, commercial, or institutional establishments or from community
activities, and any sludge not meeting the definition of residual
or hazardous waste in the Solid Waste Management Act from a municipal,
commercial, or institutional water supply treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials or organic waste.
(22)
NOTICE OF VIOLATION — A written document issued to a person
in violation of a City ordinance which specifies the violation and
contains a directive to take corrective action within a specified
time frame or face further legal action.
(23)
NUISANCE — Any condition, structure, or improvement which
constitutes a danger or potential danger to and/or interferes with
the health, safety, or general welfare of citizens of the City, or
causes a blighting effect in City neighborhoods. See also "public
nuisance".
(24)
OBSTRUCTION — Any merchandise, vehicle, structure, material,
condition or other thing that impedes or prevents passage or progress,
or creates an obstacle or blockage, in the public right-of-way.
(25)
PEDDLER — Includes any person, whether or not a resident
of the City, traveling by foot, wagon, motor vehicle or any other
type of conveyance, from place to place, house to house or street
to street, carrying, conveying or transporting goods, merchandise,
food or beverages, offering and exposing the same for sale, or making
sales and delivering articles for purchasers, or who, without traveling,
shall sell or offer the same for sale.
(26)
PERMIT — A license or other document issued by a Public
Officer or agency to allow a person, business, firm, partnership,
corporation, agency or entity to perform certain acts.
(27)
PERSON — Includes the singular and plural and shall mean
and include any natural person, firm, corporation, partnership, business
trust, other association, estate, trust, foundation or institution.
The term also includes the governing authority for a county or municipality,
and a government entity other than the Commonwealth.
(28)
PRIVATE PROPERTY — Any land and the improvements thereon
owned by any person, and includes front, side, and rear yards; vacant
lots, buildings, and other structural improvements; walkways and alleyways;
and parking areas, designed or used either wholly or in part for private
residential, industrial, or commercial purposes, whether inhabited,
temporary, continuously uninhabited, or vacant, including any yard,
grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging
to or appurtenant to such dwelling, house, building, or other structure.
(29)
PUBLIC NUISANCE — Any condition or premises which are
unsafe, unsanitary and/or disruptive to the health, safety, or general
welfare of citizens of the City of Erie.
(30)
PUBLIC OFFICER — Any police officer, code enforcement
officer, building code official, authorized inspector, public official
and/or employee designated by the Mayor or the City to enforce Federal,
State and/or City laws, rules, regulations and/or ordinances.
(31)
PUBLIC RIGHTS-OF-WAY — The surface and the area across,
in, over, along, under, and upon the public streets, roads, lanes,
avenues, alleys, sidewalks, bridges, highways and other rights-of-way,
as the same now or may thereafter exist, including curb and gutter
areas and all other property over which the City has a utility easement
or right-of-way, which are under the jurisdiction of the City.
(32)
RECYCLABLE MATERIAL — Material which would otherwise become
municipal waste, but are able to be collected, separated, or processed,
and returned to the economic mainstream in the form of raw materials
or products. These materials may include, but are not be limited to,
aluminum cans, ferrous and bi-metal containers, glass containers,
plastic bottles and containers, paper, magazines and periodicals,
newspapers, leaf waste, grass clippings, white goods, major appliances,
televisions, and large auto parts.
(33)
RESIDENTIAL DISTRICT — An area within the City of Erie
designated primarily for dwellings and the uses normally associated
with residential neighborhoods.
(34)
RESIDUAL WASTE — Any discarded material or other waste,
including solid, semisolid, or contained gaseous materials, resulting
from construction, industrial, mining, and agricultural operations,
excluding municipal water and sewer operations.
(35)
RUBBISH — Combustible and noncombustible waste materials,
except garbage; the term shall include the residue from the burning
of wood, coal, coke, and other combustible materials, 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.
(36)
RUN AT LARGE — For purposes of this Ordinance, "run at
large" shall mean any animal when it is off the property of the owner
and not under restraint of any competent person.
(37)
SIDEWALK — Any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
(38)
SIDEWALK AREA — The portion of the right-of-way between
the property line and curbline or the established edge of the roadway
that is reserved for sidewalks.
(39)
SOLID WASTE — Any waste, including, but not limited to,
municipal, residual, or hazardous wastes, including solid, liquid,
semisolid, or contained gaseous materials.
(40)
STORAGE — The containment of any municipal waste on a
temporary basis in such a manner as not to constitute disposal of
such waste, and it shall be presumed that the containment of any municipal
waste in excess of three months constitutes disposal.
(41)
STRUCTURE — Anything constructed or erected, the use of
which requires a fixed location on the ground or an attachment to
something having a fixed location on the ground, including, in addition
to buildings, billboards, carports, porches, swimming pools, and other
building features, but not including sidewalks, drives, fences and
porches without a roof or enclosed sides.
(42)
TRACTOR OF A TRACTOR-TRAILER — A truck with a minimum
of three axles that is primarily intended to pull a trailer, as defined
below, and not primarily to carry goods itself.
(43)
TRAILER OF A TRACTOR-TRAILER — A piece of equipment with
a length of 20 feet or more that is intended to be drawn by a tractor,
as defined above, and is designed to haul cargo, materials, vehicles,
goods, gases or liquids, and that is not a "recreational vehicle".
It is also referred to as a "semitrailer".
(44)
VEGETATION — Any planting that is cultivated and managed
for edible or ornamental purposes, such as vegetable gardens, trees,
shrubs, hedges, flowers, etc.
(45)
VIOLATION TICKET — A form issued by a public officer to
a person who violates a provision of this Ordinance. The violation
ticket is an offer by the City of Erie extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
(46)
WEEDS — All grasses, annual plants, and vegetation. Weeds
shall not include cultivated flowers, gardens, trees and shrubs.
(47)
YARD — An open, unoccupied space that lies between the
principal building or buildings and the lot line(s).
[Ord. 39-2018, passed 10-17-2018]
Quality-of-life violations are as follows:
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QOL-1. 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.
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QOL-2. Animal Maintenance and Waste/Feces Cleanup. It shall be prohibited for any person owning, harboring,
keeping or in charge of any animal to cause, suffer or allow any such
animal to soil, defile, defecate on or commit any nuisance on any
common thoroughfare, sidewalk, passageway, by pass, play area, park
or any place where people congregate or walk, or any public property
whatsoever, nor on any private property without permission of the
owner of such property. All dog owners shall immediately remove any
feces deposited by the owner's animal upon the public ways or property
aforesaid and dispose of such fecal matter in a proper and sanitary
manner.
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QOL-3. Disposal of Rubbish or Garbage/Dumping. Improper or unauthorized disposal of rubbish or garbage
or dumping or disposing of rubbish or garbage on private, vacant,
unoccupied, or other property.
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QOL-4. High Weeds, Grass, or Plant Growth. All premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches.
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QOL-5. Littering or Scattering Rubbish. It shall be prohibited for any person to cause or permit
to be deposited any litter or rubbish upon or in any public street,
alley, vacant lot or other public places in the City.
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QOL-6. Ownership Presumption of Waste, Trash
and/or Recyclables for Illegal Dumping/Hauling. It shall be the responsibility of every owner and/or occupant of
any land and/or real property to dispose of their waste, trash, or
recyclables in a proper manner. Any person or business who is unable
to show proof that they have legally disposed of any waste, trash,
or recyclables will be in violation of this Part. Should any person
or business use an unlicensed hauler to dispose of their waste, trash,
or recyclables, said person or business shall be in violation of this
Part. Upon reasonable request by a public officer, any owner or occupant
must show proof of their appropriate trash and/or recyclable hauler.
Any waste, trash, or recyclables found within a municipal waste container,
recycling container, garbage bag or loose trash/waste displaying the
name and/or address of a person and/or persons, that trash or waste
shall be presumed to be the property of such person and/or persons.
It shall be unlawful for any person, business, partnership, or entity
to remove or haul waste, trash or recyclables without proper approval
or license. Any waste, trash, or recyclables found not to be disposed
of in accordance with this Ordinance, will be in violation of this
Ordinance.
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QOL-7. Placement or Littering by Private Advertising
Matter. It shall be prohibited for any person,
corporation, partnership, firm, association, or other entity, its
agents, servants, employees or representatives to cast, place, sweep,
or dispose of in the streets of the City, or upon pavements, sidewalks,
rights-of-way, yards or upon the porches of any dwelling or other
outbuilding within the City, litter, handbills, circulars, or private
advertising matter without lawful authority, license, consent, express
or implied by the property owner, occupant, or the City. No person,
corporation, partnership, firm, association or other entity, its agents,
servants, employees or representatives, other than the owner, shall
affix or attach to the doors, walls, windows, columns, trusses, railings,
gates, fences, lamp posts, decorative fixtures of any kind or any
other part of any dwelling or any outbuilding within the City, any
papers, advertisements, handbills, circulars, wastepapers or samples
of any description, without lawful authority or consent, express or
implied from the owner. Nothing herein contained shall be held to
apply to newspapers, mailed matter or addressed envelopes, or signs
indicating the availability of property for sale or rent.
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QOL-8. Defacement of Property. No person shall willfully, wantonly or maliciously damage, mutilate,
destroy or deface any fountains, fixtures, statues or embankments
on private property or property of the City, nor shall any person
willfully, wantonly or maliciously damage, mutilate, destroy or deface
any exterior surface of any structure or building on private property
or property of the City by placing thereon any markings, carving or
graffiti. No person shall willfully, wantonly or maliciously damage,
mutilate, destroy or deface any fruit, shade, or ornamental tree,
shrub, or flower on private property or property of the City.
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QOL-9. Storage Containers for Waste or Trash.
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(a)
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It shall be the duty of every owner, tenant, occupant or other
householder of a residential property, or apartment within a residential
building of four units or less, to provide and keep, or cause to be
provided and kept, receptacles for holding refuse as provided in this
Part.
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(b)
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Each container shall be a rigid container, constructed of rust-resistant
metal or plastic, shall be watertight, shall contain not less than
three nor more than 35 gallons, and shall be provided with outside
handles and a tight fitting cover. The cover shall not be removed
except for the deposit or removal of refuse.
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(c)
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All householders shall drain garbage or other residential refuse
of all liquids, and place it in paper or plastic bags, which shall
be stored in the container previously described until the designated
day of refuse collection.
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(d)
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On the designated weekly collection day, all householders shall
deposit at the curbside or edge of the street either the container
containing securely bagged refuse, or securely bagged refuse itself.
Each householder shall make all reasonable efforts to insure that
the refuse to be collected does not become waterlogged, or that the
bags are not torn or disintegrated before collection. Loose or spilled
refuse shall not be collected, and, if left more than one day after
the collection day, shall be considered a violation of this Part as
well as any other littering or housing ordinance provisions.
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(e)
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All containers shall be stored at the side or rear of every
property so said containers are not visible from the public rights-of-way.
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(f)
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All owners, tenants, occupants and/or leaseholders shall place
curbside or at the edge of the street no more than 24 hours before
the designated weekly collection day their waste or trash in either
containers containing securely bagged refuse, or securely bagged refuse
itself.
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(g)
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All containers shall be returned to the side or rear of any
property before daybreak the day following the designated weekly collection
day. Loose or spilled waste or trash will not be collected, and, if
left more than one day after the designated weekly collection day,
shall be considered a violation of QOL-1, QOL-3, and QOL-5.
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QOL-10. Temporary Dumpster Permit Required. Each temporary dumpster, whether placed on private property,
in a public right-of-way, or on any other property of the City, shall
obtain prior approval by the City of Erie.
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QOL-11. Outside Placement of Indoor Appliances/Furniture. It shall be 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 purpose to perform maintenance in
said property.
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QOL-12. Storing or Discarding of Appliances. Refrigerators and similar equipment, including, but
not limited to, washers, dryers, dishwashers, and ranges not in operation,
shall not be discarded, stored and/or abandoned on any premises without
first removing the doors.
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QOL-13. Storing and Keeping of Hazardous Materials. It shall be prohibited for any person, business or entity
to store combustible, flammable, explosive or other hazardous materials,
including, but not limited to paints, volatile oils and cleaning fluids
or combustible rubbish, including, but not limited to wastepaper,
boxes or rags, unless the storage of said materials is stored in compliance
with all applicable Building, Zoning and BOCA Fire Prevention Codes.
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QOL-14. Storing and Keeping of Recyclable Materials. It shall be the responsibility of the owner, occupant,
tenant and/or leaseholder of all residential, commercial and/or industrial
property within the City to ensure storage, collection, and disposal
of all recyclable materials from their property in such a manner not
cause or create a public nuisance. Storage of recyclable materials
shall be permitted in approved containers and translucent blue or
clear LDPE or HDPE/LDPE mix recyclable plastic bags. All containers
used to store recyclable materials shall be rigid, durable, watertight
and made of metal or plastic. All containers must have tight-fitting
covers and shall be kept clean and odor free. All containers and/or
plastic bags containing recyclable materials shall be stored at the
side or rear of every property so said containers or bags are not
visible from the public rights-of-way. All owners, tenants, and/or
occupants of residential, commercial and/or industrial property shall
place curbside or at the edge of the street their recyclable materials
no more than 24 hours before the designated weekly recyclable collection
day. All containers shall be returned to the side or rear of any property
before daybreak the day following the designated weekly recyclable
collection day. Loose or spilled recyclable materials will not be
collected, and, if left more than one day after the designated weekly
recyclable collection day, shall be considered a violation of QOL-1,
QOL-3, and QOL-5.
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QOL-15. Prohibited Occupancy. Any dwelling, building, structure, machine or equipment which is
condemned shall not be occupied or operated.
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QOL-16. Accessory Structures. All accessory structures, including detached garages, sheds, fences,
and walls shall be maintained in good repair and structurally sound.
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QOL-17. Swimming Pools.
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(a)
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Swimming pools, hot tubs and/or spas which is accessory to one-
or two- family dwellings shall be maintained in good repair and comply
with the following:
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(1)
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Chapter 41 of the "International Residential Code".
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(2)
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Appendix G of the "International Residential Code".
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(3)
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Section 2406.2, Paragraph 9 of the International Building Code
(Glazing in Walls and Fences Enclosing Indoor and Outdoor Swimming
Pools, Hot Tubs, and Spas).
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(4)
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Section 3109.4 of the International Building Code (Residential
Swimming Pool Enclosures).
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(b)
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A swimming pool not accessory to a one- or two- family dwelling
shall comply with this Chapter. The American National Standards for
Public Pools issues by ANSI and NSPI (ANSI/NSPI-1 1991) and The Public
Bathing Law (35 P.S. §§ 672-680(d)).
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(c)
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A hot tub or spa that is not accessory to a one- or two-family
dwelling shall comply with this Part and the "American National Standards
for Public Spas" issued by ANSI and NSPI (ANSI/NSPI-2 1999).
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QOL-18. Shrubs and Bushes. Shrubs and bushes on all premises and exterior property shall be
maintained and kept in good order.
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QOL-19. Dangerous Trees. The owner of any property shall, at the owner's expense, remove
any dangerous tree within 10 calendar days within receipt of the City
Arborist's declaration.
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QOL-20. Snow and Ice Removal from Sidewalks.
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(a)
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It shall be the duty of the occupant of any dwelling, tenement,
store, storehouse, shop, garage, factory or other building fronting
on any paved or unpaved sidewalk in any public street or around the
public parks in the City, and of the person having the charge or care
of any church, schoolhouse or any public building situate as aforesaid,
to remove or cause to be removed all snow, ice or sleet from the sidewalk,
whether paved or unpaved, in front of the respective premises within
three hours after the same shall have ceased to fall or form thereon,
unless such ice or snow is so hardened or frozen that it cannot be
removed without injury to the sidewalk, in which case the walk shall
be kept sprinkled with sand or sawdust to make the surface of the
sidewalk safe, but the ice must be removed as soon as it is possible
to do so. When a building has two or more occupants, the duty of cleaning
the sidewalks, as aforesaid, shall devolve upon the occupant of the
ground floor. If such ground floor occupants number two or more, each
such occupant shall clean the sidewalk immediately in front of his
respective portions of the building, together with one-half of the
space, if any, intervening between such portion and that of the next
adjoining occupant. Occupants of corner buildings shall clean the
sidewalk in front thereof, and also on the sides for the distance
back from the corner their occupancy may extend. Sidewalks in front
of and at the side of vacant lots or vacant buildings shall be cleaned
as aforesaid by the owners of such vacant lots or buildings. When
the owner in any such case is a nonresident, it shall be the duty
of the agent of such owner to remove the snow, ice or sleet as aforesaid.
In the event of failure, the City will have the snow removed at the
expense of the owner of the land. In all cases, the snow, ice or sleet
shall, when removed from sidewalks, be thrown toward the outside of
the sidewalk and into the roadway.
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(b)
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Snow or ice removed from the sidewalk or sidewalk area may be
deposited into the street or roadway, however, it shall be prohibited
for any snow or ice removed from private property or driveways to
be deposited into the streets or roadways of the City.
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(c)
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The occupant of said property must create a path, free from
snow and ice, of three feet on/over the sidewalk or sidewalk area.
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QOL-21. Motor Vehicles. It
shall be prohibited for any person to park, keep or store more than
one inoperable or unlicensed motor vehicle on any premises. No motor
vehicle shall at any time be a nuisance, in a state of major disassembly
or disrepair, or in the process of being stripped or dismantled. No
owner or occupant of property shall permit a motor vehicle to be parked
upon their property other than on a driveway or parking lot, unless
the same be authorized in conjunction with a business properly operated,
pursuant to the zoning laws and other laws of the City.
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QOL-22. Commercial Vehicles in a Residential
Area. It shall be prohibited for any commercial
vehicle to be stored or parked on any street, lot or parcel of land
in a residential district for a period of time in excess of two hours,
except for vehicles of service companies, contractors, repairmen or
those actually engaged in working operations in the vicinity during
the actual period in which work is being performed. An exception will
be made of no more than one truck (pick-up, flat bed, or panel delivery)
provided its primary purpose is for the occupant to travel to/from
work. Non-conforming commercial uses within a residential district
are exempt from this part.
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QOL-23. Vehicle Repairs/Maintenance in a Residential
District. It shall be prohibited for any person
to operate repairs for profit in residential districts. This would
include vehicles not owned by the property occupant and repairs or
storage on a City street. Painting of vehicles is prohibited unless
conducted inside an approved spray booth. Non-conforming commercial
uses within a residential district are exempt from this Part.
| ||
|
QOL-24. Illegal Signs/Billboards. It shall be prohibited for any person or business to construct and/or
display a sign and/or advertisement without the appropriate approval
and/or permit, except as such may be authorized or required by the
laws of the United States or the State, and the ordinances, rules
and regulations of the City.
| ||
|
QOL-25. Working without a Permit. It shall be prohibited for any person, partnership, business or
corporation to undertake, or cause to be undertaken, any construction
or development anywhere within the City unless an approved building
permit has been obtained from the Building Permit Officer.
| ||
|
QOL-26. Working without a License. It shall be prohibited for any person, business, firm, partnership,
corporation or entity to perform or undertake any construction-related
work within the City without first having obtained all necessary and
appropriate permits and/or licenses from the Bureau of Code Enforcement.
| ||
|
QOL-27. Violating the terms of any vending
license. It shall be prohibited for any person,
business, partnership, corporation or entity to violate, or operate
while in violation of, any terms and/or condition, in whole or in
part, of any vending license.
| ||
|
QOL-28. Operating a Food Cart Illegally. It shall be prohibited within the City to operate any
food cart, station and/or stand without first having obtained the
proper license, permit and/or inspection. It shall be prohibited to
operate any food cart, stand, and/or station while any portion thereof
is inoperable.
| ||
|
QOL-29. Operating as a Peddler or Mobile Vendor
without a Valid License. It shall be prohibited
within the City for any person, business, firm or corporation to engage
in the business of peddler or mobile vendor without first having obtained
a license.
| ||
|
QOL-30. Smoke Detectors. Smoke alarms must be installed and maintained in accordance with
the manufacturer's specifications in all occupied dwellings and structures
in the City of Erie.
| ||
|
QOL-31. Illegal Burning. It shall be prohibited for any person to kindle or maintain any
bonfire or rubbish fire, or authorize the same, without first obtaining
a permit from the City or other proper authorization. When properly
authorized, bonfires shall not be kindled or maintained outside private
property lines. No person shall be permitted to burn garbage, recyclable
materials, leaf waste or grass clippings at any time within the City.
During construction or demolition of a building or structure no waste
materials or rubbish shall be disposed of by burning on the premises
or in the immediate vicinity without having first obtained a permit
or other proper authorization. Open burning shall be prohibited when
atmospheric conditions or local circumstances make such fires hazardous.
Open burning shall also be prohibited when winds are gusting to or
sustained at 10 mph. Open burning, bonfires, recreational fires and
use of portable outdoor fireplaces shall be constantly attended until
the fire is extinguished. A minimum of one portable fire extinguisher
complying with Section 906[1] with a minimum 4-A rating or other approved on-site fire
extinguishing equipment, such as dirt, sand, water barrel, garden
hose or water truck, shall be available for immediate utilization.
Residents are permitted to bum only dry "seasoned" firewood in approved
containers such as a metal or masonry fire ring, portable outdoor
fireplace, or chiminea. Hand-dug fire pits, burn barrels, or containers
not normally used for recreational fires are not permitted. Recreational
burning shall be permitted between the hours of 5:00 p.m. to 11:00
p.m. on weekdays (Monday through Thursday), 5:00 p.m. until 12:00
midnight on weekends (Friday through Sunday) and federally observed
holidays.
[Amended by Ord. No. 22-2021, passed 4-21-2021] | ||
|
QOL-32. Fire Hydrants. It
shall be prohibited for any person to block, obstruct, or prevent
access to any fire hydrant in any manner. A three-foot clear space
shall be maintained around the circumference of any fire hydrant.
Vehicles shall not be parked less than 15 feet from any fire hydrant.
| ||
|
QOL-33. Fire Lanes. It shall
be prohibited for any non-emergency vehicle to block, obstruct and/or
park within a fire lane in the City of Erie.
| ||
|
QOL-34. False Alarm. It
shall be prohibited for any person to intentionally create or in any
manner aid, abet, instigate or encourage any false fire alarm in the
City.
| ||
|
QOL-35. Obstruction of Public Rights-of-Way. It shall be prohibited to cause, create, place, keep,
maintain or allow any merchandise, vehicle, structure, material, condition
or any other thing that blocks, obstructs and/or prevents passage
or progress in the public right-of-way; including streets, driveways,
alleys and sidewalk areas.
| ||
|
QOL-36. Water Discharge to Right-of-Way or
Neighboring Properties. It shall be prohibited
to discharge water from roofs and paved areas, yards and courts, and
other open areas in a manner that creates a public nuisance. Water
runoff shall be diverted away from neighboring properties, public
sidewalks, alleys and streets.
| ||
|
QOL-37. Broken or Hazardous Sidewalk Surfaces. It shall be the duty of all property owners abutting
public streets to, at the owner's expense, construct and maintain
sidewalks in front of and/or adjoining their respective lot or parcel
of land, and to keep the same in good and safe condition for the use
of pedestrians.
| ||
|
QOL-38. Unpermitted Driveway or Curb Cut. It shall be prohibited for any person to begin to construct,
reconstruct, establish any driveway or driveway apron over, across
or upon any portion of the public sidewalk, or shall cut or alter
any curb on any street in the City without first having obtained a
Permit from the City Engineer.
| ||
|
QOL-39. Unpermitted Excavation in Rights-of-Way. It shall be prohibited for any person, firm, business
or corporation to enter upon or occupy any public right-of-way for
the purpose of excavating or opening in or under any public right-of-way
without first having obtained a permit from the City.
| ||
|
QOL-40. Unpermitted Sewer Connection. It shall be prohibited for any person to make or attempt
to make a connection with any public sewer, sanitary, storm or combination
thereof, for any purpose whatsoever, without first having obtained
a permit from the City.
| ||
|
QOL-41. Proper Animal Restraint. The owner shall keep his animal under restraint at all times and
shall not permit such animal to run at large in the City. On property
of the owner, custodian or keeper, an animal shall be kept, controlled
or restrained in such a manner as to prevent such animal from attacking
or threatening letter carriers, delivery persons and/or any other
person legally entering the owner's premises or utilizing the sidewalk
or public rights-of-way.
| ||
[1]
Editor's Note: Refers to Section 906, Portable Fire Extinguishers,
of the International Fire Code.
[Ord. 39-2018, passed 10-17-2018]
Upon finding a quality-of-life violation, any public officer,
as previously defined herein, may issue quality-of-life violation
ticket(s) to the owner and/or occupant of the property at issue or
to the individual(s) known to have violated this Ordinance.
[Ord. 39-2018, passed 10-17-2018]
[Ord. 39-2018, passed 10-17-2018]
A violation ticket shall be served upon a violator by handing
it to the violator, by handing it at the residence of the person to
be served to an adult member of the household or other person in charge
of the residence, by leaving or affixing the Notice or Violation Ticket
to the property where the violation exists, by handing it at any office
or usual place of business of the violator, to his/her Local Responsible
Agent or to the person for the time being in charge thereof, or by
mailing the Notice to the violator's last known address of record.
[Ord. 39-2018, passed 10-17-2018]
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
[Ord. 39-2018, passed 10-17-2018]
(a)
Any person or business violating this Ordinance is hereby directed
to satisfy the City of Erie and its citizens, upon issuance of a quality-of-life
ticket, by correcting the violation in question. A public officer
is authorized and empowered to cause a violation to be corrected.
The cost shall be determined by the City Code Enforcement Officer
in order that the City shall be compensated for both direct and indirect
costs and expenses incurred.
(b)
The City of Erie and/or its contractor, per the direction of the
City, reserves the right to abate the violation in question at the
expense of the owner. If the City has effected the abatement of the
violation, the total cost thereof, to include hourly wages and all
items and materials used, may be charged to the owner of the property,
tenant, or offending party. A bill/invoice will be generated to the
violator for payment separate from the quality-of-life ticket, which
will also be paid separately.
(c)
In all instances where the City abates the violation, in addition
to the fine set forth in the quality-of-life ticket, the City is authorized
to recover from the offending party, the owner of the property, or
tenant the abatement charges and such other charges established by
the Code Enforcement Officer and the rules and regulations.
(d)
City of Erie cleanup. The City reserves the right to perform any
necessary work to abate any violation once 48 hours passes from the
date of issuance of the quality-of-life ticket. Should the violation,
at the discretion of the Code Enforcement Officer, present imminent
danger and/or pose a health hazard and/or risk, the City reserves
the right to perform the abatement immediately. The City will perform
this work at a rate of $75 per hour, per man, and forward the cost
of any material necessary for the abatement. The City reserves the
right to charge an additional 20% on all material purchases to cover
all miscellaneous expenses, such as wear and tear on equipment.
(e)
Contractor cleanup. The City reserves the right to direct a contractor
to perform the abatement of the violation in question once 48 hours
passes from the date of issuance of the quality-of-life ticket. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the City reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for its work to the City of Erie, and the City will forward these
costs to the violator. The City reserves the right to add a 30% processing
fee in addition to the cost of the contractor.
[Ord. 39-2018, passed 10-17-2018]
(a)
Any person who violates this Ordinance shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the City for the cleanup and abatement of the violation.
[Amended by Ord. No. 22-2021, passed 4-21-2021; Ord.
No. 24-2023, passed 5-17-2023]
|
Ordinance
|
Description
|
Penalty
|
|---|---|---|
|
QOL-1
|
Accumulation of rubbish or garbage
|
$100
|
|
QOL-2
|
Animal maintenance and waste/feces cleanup
|
$100
|
|
QOL-3
|
Disposal of rubbish or garbage/dumping
|
$100
|
|
QOL-4
|
High weeds, grass, or plant growth
|
$100
|
|
QOL-5
|
Littering or scattering rubbish
|
$100
|
|
QOL-6
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping/hauling
|
$100
|
|
QOL-7
|
Placement or littering by private advertising matter
|
$100
|
|
QOL-8
|
Defacement of property
|
$100
|
|
QOL-9
|
Storage containers for waste or trash
|
$100
|
|
QOL-10
|
Temporary dumpster permit required
|
$100
|
|
QOL-11
|
Outside placement of indoor appliances/furniture
|
$100
|
|
QOL-12
|
Storing or discarding of appliances
|
$100
|
|
QOL-13
|
Storing and keeping of hazardous materials
|
$100
|
|
QOL-14
|
Storing and keeping of recyclable materials
|
$100
|
|
QOL-15
|
Prohibited occupancy
|
$200
|
|
QOL-16
|
Accessory structures
|
$100
|
|
QOL-17
|
Swimming pools
|
$100
|
|
QOL-18
|
Shrubs and bushes
|
$100
|
|
QOL-19
|
Dangerous trees
|
$100
|
|
QOL-20
|
Snow and ice removal from sidewalks
|
$100
|
|
QOL-21
|
Motor vehicles
|
$100
|
|
QOL-22
|
Commercial vehicles in a residential area
|
$100
|
|
QOL-23
|
Vehicle repairs/maintenance in a residential district
|
$100
|
|
QOL-24
|
Illegal signs/boards
|
$100
|
|
QOL-25
|
Working without a permit
|
$100
|
|
QOL-26
|
Working without a license
|
$100
|
|
QOL-27
|
Violating the terms of any vending license
|
$100
|
|
QOL-28
|
Operating a food cart illegally
|
$100
|
|
QOL-29
|
Operating a peddler or mobile vendor without a valid license
|
$100
|
|
QOL-30
|
Smoke detectors
|
$100
|
|
QOL-31
|
Illegal burning
| |
|
First offense
|
$25
| |
|
Second offense
|
$50
| |
|
Third offense
|
$100
| |
|
QOL-32
|
Fire hydrants
|
$100
|
|
QOL-33
|
Fire lanes
|
$100
|
|
QOL-34
|
False alarm
|
$100
|
|
QOL-35
|
Obstruction of public rights-of-way
|
$100
|
|
QOL-36
|
Water discharge to right-of-way or neighboring properties
|
$100
|
|
QOL-37
|
Broken or hazardous sidewalk surfaces
|
$100
|
|
QOL-38
|
Unpermitted driveway or curb cut
|
$100
|
|
QOL-39
|
Unpermitted excavation in rights-of-way
|
$100
|
|
QOL-40
|
Unpermitted sewer connection
|
$100
|
|
QOL-41
|
Proper animal restraint
|
$100
|
(b)
Failure of the person to make payment within 10 days of the date
of service of a Violation Ticket shall result in the filing of a citation
with the Magisterial District Judge.
(c)
If violations are continuous or egregious, code officials have the
right to issue citations without first issuing tickets, provided notice
has been given.
[Ord. 39-2018, passed 10-17-2018]
Any person, firm, business or corporation who shall fail, neglect,
or refuse to comply with any of the terms or provisions of this Ordinance,
or of any regulation or requirement pursuant hereto and authorized
hereby, shall, upon conviction before the Magisterial District Judge,
be ordered to pay a fine of not less than $300 and not more than $1,000
for each offense, or imprisoned no more than 90 days, or both.
[Ord. 39-2018, passed 10-17-2018]
The Magisterial District Judge may order the violator to make
restitution where appropriate, to pay the City's costs of collection/citation
proceedings, and to pay the City's reasonable attorneys' fees associated
with the prosecution of the same.
[Ord. 39-2018, passed 10-17-2018]
(a)
All relevant ordinances, regulations, and policies of the City of
Erie, Pennsylvania, not amended shall remain in full force and effect.
(b)
Any ordinance or part of an ordinance conflicting with the provisions
of this Ordinance shall be subordinate to this Ordinance to the extent
of such conflict, and the language contained in this Ordinance shall
control.
[Ord. 39-2018, passed 10-17-2018]
(a)
If any section, clause, provision or portion of this Ordinance shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this Ordinance so long as it remains legally enforceable
minus the invalid portion.
(b)
The City reserves the right to amend this Ordinance or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this Ordinance and
the effective administration thereof.
