[Adopted 7-17-2006 by Ord. No. 422 (Ch.
141 of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any condition which provides the necessary environment for
the birth or hatching of vectors.
Water contained in ditches, pools, ponds, streams, excavations,
holes, depressions, open cesspools, fountains, cisterns, tanks, shallow
wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets,
roof gutters, reservoirs, vessels, receptacles of any kind or other
containers or devices which may hold water.
The control and elimination of vectors by eliminating their
harborage places, by removing or making inaccessible material that
may serve as their food, by poisoning, spraying, fumigating, fogging
or larviciding or trapping, or by any other recognized and legal vector-elimination
method which is not injurious to human health or the safety of domestic
animals.
All waste, animal or vegetable, such as but not limited to
waste material and refuse from kitchens, residences, grocery stores,
butcher shops, restaurants, cafes and hotels resulting from the handling,
preparation, cooking, serving or nonconsumption of food, and all other
deleterious substances.
Any place where vectors can live, nest or seek shelter.
The presence of vectors within or contiguous to a structure
or premises.
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located, or which shall
cause or result in annoyance or disturbance to persons beyond the
boundaries of such property, interference to the health and/or safety
of the person beyond the boundaries of such property, and/or disturbance
to or interference with the peaceful use of the property of others
in the Township, in any case taking into consideration the location
of the use or condition and the nature and condition of the surrounding
neighborhood. This includes, but is not limited to, the retention
on any premises of any of the following: junk, trash or debris; abandoned,
discarded or unused objects or equipment, such as but not limited
to automobiles, furniture, paper, cardboard, plastic, glass, crockery,
scrap metal, tires, stoves, refrigerators, freezers, cans or containers.
Any person who, alone or jointly/severally with others:
Shall have legal title to any premises, dwelling
or dwelling unit, with or without accompanying actual possession thereof.
Shall have charge, care or control of any premises,
dwelling or dwelling unit, as owner, lessee, or agent of the owner,
or an executor, administrator, trustee, assignee of rents or guardian
of the estate of the owner. Any such person thus representing the
actual owner shall be bound to comply with the provisions of this
article to the same extent as if he were the owner.
The actual owner, agent or custodian of the property, whether
an individual, partnership, association or corporation.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
All areas of a property, including all interior, exterior,
grounds and yard spaces.
Waste, rubbish, garbage, trash or any material of any kind
that has been discarded, rejected, cast aside or thrown away as worthless,
except body wastes.
Any man-made construction or building, which is located on
any part of the premises.
The Township of Muhlenberg, Berks County, Pennsylvania.
A rodent, insect or vermin species capable of transmitting
a disease or infection. Vectors shall include but not be limited to
rats, mosquitoes, cockroaches, flies, ticks, etc.
Any area, interior or exterior, where vectors can live, nest,
breed or seek any form of shelter.
A form of construction to prevent the ingress and egress
of vectors to or from a given space or building or from gaining access
to food, water or harborage. This term shall include but not be limited
to rat-proofing, fly-proofing, mosquito-proofing, etc.
The provisions and prohibitions hereinafter
contained and enacted are in pursuit and for the purpose of:
A.
No person shall
deposit any refuse, dead animals, decaying matter or organic substance
of any kind in or upon any private lot, street, avenue, alley, ravine,
ditch or gutter or into any of the runs, creeks or bodies of water
within or bounding the Township of Muhlenberg so that the same shall
or may afford food, harborage or breeding areas for rats, mosquitoes
or other vectors.
B.
No person shall
deposit or permit to accumulate in or upon any premises, improved
or vacant, or on any open lot or public area any lumber, boxes, barrels,
bottles, cans, glass, containers, scrap iron, wire, metal articles,
pipe, broken stone or cement, broken crockery, broken plaster or rubbish
of any kind, unless the same is kept in approved covered receptacles
or placed on open racks that are elevated not less than 18 inches
above the ground and evenly piled or stacked or disposed of as may
be approved by the Township.
C.
No person shall
have, keep, maintain, cause or permit any collection of standing or
flowing water in which mosquitoes breed or are likely to breed, unless
such collection of water is treated or maintained effectually so as
to prevent such breeding.
Pools located within the Township of Muhlenberg
shall be properly maintained to prevent the existence or presence
of any water in which mosquito larvae may mature and grow or exist.
Any pool cover must be maintained in a way so
as to prevent the collection of stagnant rainwater.
Tires shall be stored in a totally enclosed
structure or must be covered to prevent the existence or presence
of any water in which mosquito larvae may mature and grow to exist.
If stored outside, tires must be stored off the ground and covered
in a manner to prevent standing water.
Any tires that cannot be used shall be considered
waste material and must be disposed of in a proper and lawful manner
to prevent the collection of stagnant rainwater in said tires.
A.
Any person, partnership,
corporation or other entity who or which violates or permits a violation
of the provisions of this article shall, upon conviction in a summary
proceeding, pay a fine of not more than $1,000 plus the costs of prosecution
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Each day that
a violation continues or exists shall constitute a separate offense.
Each section of this article that is violated shall also constitute
a separate offense.
C.
In cases of extended
noncompliance or in cases of a clear and present danger to the health,
safety or general welfare of the citizenry, the governing body of
the Township of Muhlenberg shall be empowered to exercise any of the
following actions, subject to adequate notice to the owner of the
property:
