[Adopted 9-4-1969 by Ord.
No. 69-4]
This article shall be known and may be cited
as the “Health and Nuisance Ordinance of the Township of East
Allen.”
This article is adopted for the purposes of
promoting public health, life, safety, morals, welfare, peace, decency,
dignity, reasonable and comfortable use of property, and the tranquility
of the community of the Township of East Allen, County of Northampton,
Commonwealth of Pennsylvania, and to further the following related
and more specific objectives:
A. To prohibit the creation or maintenance of impure,
unwholesome, or offensive conditions relating to streets, sidewalks,
air, soil, structures, premises, food or drink.
B. To prohibit the sale, lease, or distribution of impure,
offensive, or unwholesome products.
C. To prohibit the existence of unsanitary conditions.
D. To prohibit blocking or obstructing streets or sidewalks.
E. To prohibit unguarded open excavations, piles of dirt
or debris, and collection of stagnant water.
F. To prohibit the unauthorized posting of handbills,
signs, and posters.
G. To prohibit the accumulations of brush, debris, litter,
and any such other materials which may create an unwholesome and unhealthy
condition in the Township.
H. To prohibit and control any growth of grass, weeds,
and other vegetation in the said Township by requiring the removal,
trimming, or cutting thereof under certain circumstances by the owner
or occupant of the premises where the same are growing, or by the
Township at the expense of such owner or occupant in default.
Certain words and terms are used in this article
for the purposes hereof and are defined as follows:
A. Unless the context clearly indicates the contrary,
words used in the present tense include the future, and singular numbers
include the plural, and the plural the singular, and the masculine
includes the feminine and neuter, and the neuter includes the masculine
and feminine, and the feminine includes the masculine and neuter.
B. As used in this article, the following terms shall
have the meanings indicated:
NUISANCE
Such activity, existence of a condition, or state of being
which, based upon actual conditions in the Township, shall be offensive
to public life, health, safety, morals, welfare, peace, decency, dignity,
reasonable and comfortable use of property, and the tranquility of
the community.
PERSON
Includes an individual, organization, corporation, partnership,
government or governmental subdivision or agency, business trust,
estate, trust, association, and any other legal or commercial entity.
STRUCTURE
Includes any building, permanent or temporary, fully erected
or not, intended for shelter, housing or enclosure of persons, animals,
or property of any kind.
WEEDS
Includes burdock, chicory, crab grass, garlic or wild onion,
goldenrod, horse nettle, milkweed, morning-glory, mullen, perennial
thistle (including Canadian, Russian, sow, bull, and other thistles),
poison ivy, quack grass, ragweed, sumac, wild carrot, buckthorn, white
top, dock, wild lettuce, wild mustard, wild parsnip, wild snapdragon,
nettle, poison oak, wild parsley or any other plant or vegetation
whatsoever, not edible or planted for an ornamental or agricultural
purpose.
It shall be unlawful for any person to create
a nuisance as herein defined. Any person violating any provision of
this article shall be subject to the penalties hereinafter provided.
The following activities shall be deemed to
be a nuisance when, based upon actual conditions in the Township,
they constitute a nuisance in fact:
A. The accumulation of garbage and rubbish and the storage
of abandoned or junked automobiles, on private and public property,
and the carrying on of any offensive manufacture or business.
B. The ownership, maintenance, inhabitation, use, or
offering for use, of any structure on public or private grounds which
may be dangerous, unwholesome, or offensive to the public.
C. The willful making or causing to be made any loud,
boisterous or unseemly noise or disturbance so as disturb or annoy
the peaceable public, near to, or upon any street, lane, alley, park,
square, common, or in any public building, public place or business
place, or private building, or private place, within the Township
of East Allen.
D. Any act or conduct such as might tend to cause riot,
panic, violence, or general disturbance.
E. Any discharge, in a manner not authorized by the laws of the Commonwealth
of Pennsylvania, except in authorized celebrations or by police officers
in the performance of their duties, of any gun, pistol, firearm, fireworks
or other explosive.
[Amended 3-26-2015 by Ord. No. 2015-01]
F. The obstruction of any sidewalk, pavement, highway,
street, lane, alley, thoroughfare, passageway in any public building,
or public place, or business place.
G. The sale, or offering for sale, the lease, or offering
for lease, gift, or offering for gift, or distributing any unwholesome,
impure, or offensive food or drink, or any other material intended
for human or animal consumption.
H. The participation in an unlawful gathering, or the
vexing, hindering, annoying or delaying any person, whereby the public
peace or comfort is broken, or the public annoyed.
I. The lounging or loitering upon any street, road, highway,
street corner, curb, sidewalk, lane, alley, park, square, common,
or any public building, public place, or business place, or private
residence, store, shop, church, entrance, or exit, or passageway.
J. The traveling about the Township soliciting, or begging,
from door to door, or upon the streets, sidewalks, curbs, lanes, alleys,
parks, squares, commons, or in any public building, public place,
or business place, school, or private dwelling, for the purpose of
acquiring money, or a living and who shall have no fixed place of
residence, lawful occupation, or permit, from the said Township.
K. The use of indecent, vile, and profane language audibly
upon the public streets, lanes, alleys, parks, squares, commons, public
buildings, public places, business places, churches, schools, or any
public place within the Township.
L. The congregating or assembling at, near, or about
a place where a fire is in progress, or where the fire or police apparatus
have been summoned by an alarm or necessity, and thereby hindering,
delaying, or obstructing any such apparatus, its men and equipment,
or rendering dangerous by such assembly the management or handling
of such apparatus.
M. The neglect or refusal to promptly regard and obey
the orders of any police officer or fireman in respect to the discharge
of their duties in the enforcement of the laws and ordinances of the
Township, and at any place where a fire is in progress.
N. The neglect or refusal by the owner or occupier of any premises within
the Township upon which any grass or weeds in excess of six inches
in height shall have grown, to cut or remove such grass or weeds or
cause the same to be cut or removed, provided, however, grass or grain
shall be permitted to grow in excess of six inches for purposes of
cutting or harvesting the same for hay or other agricultural purposes.
[Amended 4-26-2018 by Ord. No. 2018-04]
[Amended 8-5-1976 by Ord. No. 76-5; 5-8-1986 by Ord. No.
86-2]
A. Any person who shall violate a provision of this article
or shall fail to comply with any of the requirements thereof, or shall
be in violation of a permit issued under the provisions of the article
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
B. Upon notice to the person violating said article to abate the nuisance,
and upon failure of such person to do so within a period of five days
from the date of the notice, the Township shall take such steps as
are necessary to abate the nuisance, and charge said person violating
the article with all costs thereof, together with a collection fee
of 10%, or file a municipal claim against said person, together with
a collection fee of 10%, or by an action of assumpsit without the
filing of a claim. It being specifically understood that the Township
shall be under no obligation to give said person or persons violating
this article additional notices for continuing offenses in the same
calendar year, provided said violations are of the same general nature.
[Added 7-9-1987 by Ord.
No. 87-5; amended 4-26-2018 by Ord. No. 2018-04]
[Adopted 4-26-2018 by Ord. No. 2018-07]
This article shall be known and may be cited as the "East Allen
Township Engine-Powered Recreational Vehicle Nuisance Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
ENGINE POWERED RECREATIONAL VEHICLE
This term includes all wheel-driven and belt-driven vehicles
powered by an engine, including but not limited to motorbikes, trail
bikes, dirt bikes, all-terrain vehicles, snowmobiles and similar vehicles.
This term shall not be construed to include properly licensed motor
vehicles operated upon the public highways, streets, roads and private
driveways, and in the pursuit of game, in accordance with law, nor
golf carts, nor agricultural equipment used in the course of agricultural
activities or husbandry, nor commercial equipment being properly used
in the trade or business of the owner by such owner, their employees
or agents, nor lawn cutting and other reasonable real property maintenance
and landscaping, nor snow removal equipment.
PERSON
This term includes an individual, group of individuals, partnership,
firm, association or any other entity.
The following regulations shall apply for the use of engine-powered
recreational vehicles on private real property:
A. Visible dust, mud, debris or fumes shall not cross over onto an adjoining
or adjacent property that will interfere with the reasonable use of
and enjoyment of the use of the property, either inside or outside,
where vehicles governed by this article are operated.
B. A minimum distance of 100 feet shall be maintained from all property
lines for the operation of vehicles governed by this article, regardless
of the relationship of the property owner to the operator.
C. A minimum distance of 300 feet shall be maintained from an occupied
dwelling structure for the operation of vehicles governed by this
article.
D. A minimum distance of 100 feet shall be maintained from the edge
of pavement of any roadway or property road frontage and associated
roadway right-of-way lines for the operation of vehicles governed
by this article.
E. An exception to this regulation is the common boundary line between
the owner and an adjacent property owner granting permission for another
operator to use his or her property or ride up to the common boundary
line. Said permission must be stated in writing and must contain the
notarized signature of the land owner(s) granting permission.
F. It shall not be a violation of this article to operate an engine-powered
recreational vehicle within the required setback for purposes of ingress
and egress from or onto a driveway, nor ingress and egress from a
garage or other structure that houses said engine-powered recreational
vehicle situate within the required setback.
G. The use of vehicles otherwise governed by this article are exempt
from the minimum distance requirements while performing property maintenance.
Use of vehicles otherwise governed by this article for the plowing
of snow or other winter maintenance are exempt from minimum distance
and time restrictions under this article while performing such winter
maintenance tasks.
H. Snowmobiles are exempt under this article when operated in accordance
with regulations of the Commonwealth of Pennsylvania with regard to
exemptions for emergency response, special road conditions, and similar
situations.
I. It shall be unlawful for any person to operate an engine-powered
recreational vehicle for recreational purposes other than that time
from 9:00 a.m. to dusk, prevailing time in the Township, regardless
of whether the operator is upon the private property of the operator
or upon the private property of some third person who has granted
permission to the operator for its use.
J. It shall be unlawful for any person to operate any engine-powered
recreational vehicle within the same property line for recreational
purposes for more than two consecutive hours and more than four hours
within a twenty-four-hour time period. If an engine-powered recreational
vehicle operates for two consecutive hours, the vehicle must not operate
for one hour before restarting the vehicle.
K. It shall be unlawful for any person to operate any recreational vehicle
governed by this article at a sound intensity that creates a disturbance
or nuisance to any adjacent or adjoining property or property owners.
L. All engine-powered recreational vehicles shall be fitted with the
original manufacturer's exhaust equipment while in operation
unless the vehicle is fitted with a more restrictive and/or quieter
exhaust system than the original.
M. In conformance with the intent of the Americans with Disabilities
Act, any person shall not be in violation of this article when operating
an engine-powered recreational vehicle if the person is proven to
be certified by a medical doctor to be physically handicapped, disabled
or mentally impaired and is able to prove that the use of an engine-powered
recreational vehicle is the only means for general accessibility of
property. In such instance, the person shall obtain a handicap placard
to display prominently on the engine-powered recreational vehicle.