Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 3, passed 11-1-1946; Ord. 553, passed 4-27-1970]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
"Garbage," "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PUBLIC OR COMMON NUISANCE
That which is set up, maintained or continued so as to be injurious to health or an obstruction to the use of property by interfering with the repose, health, safety or life of any considerable number of persons.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery and similar materials.
WATERS OF THE STATE
Includes all streams and springs and all bodies of surface or ground water, whether natural or artificial, within the boundaries of the Town.
[Ord. 553, passed 4-27-1970]
No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection 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 property.
[Ord. 1310, passed 10-25-2004; Ord. 1401, passed 10-24-2011]
(a) 
The owner or person in control of any private property shall at all times maintain the premises free of litter. However, this section shall not prohibit the storage of litter in private receptacles for collection.
Whenever "litter", meaning garbage, refuse and rubbish, and all other waste material, is deposited at the curb or on the side of the road for pick-up by the authorized garbage, refuse and rubbish collector, it shall not be placed at the curb or side of the road before 7:00 p.m. on the day prior to the pick-up. Any metal or plastic garbage cans which are to be dumped by the collector and left at the curb or side of the road for re-use by the owner shall be taken back from the curb or edge of the road by the owner no later than 7:30 p.m. on the day of the pick-up. The purpose of these regulations is to encourage residents of the Town to maintain their property in such a manner that the Town will be both healthful and attractive. If litter is allowed to accumulate on private property for a period of longer than 14 days and upon written notice by the Town, the Town may pickup the litter and invoice the owner of the property for the costs of same.
(b) 
All lawn areas shall be maintained free from plant growth in excess of 10 inches, excluding cultivated: trees, shrubs, flowers, ornamental grasses and gardens.
Failure to comply with this section shall constitute a violation of this ordinance.
The owner or person having charge of the property shall be served with a Notice of Violation. Such notice shall consist of a letter describing the violation and be mailed by certified mail or be served in person. In the event the owner or agent having charge of the property cannot be located or refuses the service of the Notice of Violation, the property shall be posted with the Notice of Violation for a period of seven days. After notice is served in accordance with the above and upon failure to comply with the Notice of Violation, any duly authorized employee of the Town of McCandless or contractor hired by the Town of McCandless shall be authorized to enter upon the property to cut, destroy and remove the plant growth in violation thereof. The cost of the cutting, destroying and removal of such plant growth shall be paid by the owner or agent responsible for the property.
The owner or agent will be invoiced for the costs of such cutting, destroying and removal of the weeds. In the event the owner or agent cannot be located or refuses service of the invoice, the property shall be posted with the invoice for a period of 14 days.
(c) 
Failure to pay the invoice as described in (a) or (b) above within 30 days of notice or posting shall result in a citation being filed. Upon receipt of a judgment in favor of the Town, the Town may proceed with the filing of a lien in the amount of the judgment.
(d) 
Except as provided for elsewhere in the Code, the parking or storage of junked vehicles on residential property is prohibited. In particular, the Town finds that the following conditions, each such condition deeming a vehicle "junked" for purposes of this section, pose a threat to the public health, safety and welfare:
(1) 
Broken windshields, mirrors or other glass with sharp edges;
(2) 
One or more flat or open tires or tubes which could permit vermin harborage.
(3) 
Missing doors, windows, hood, trunk, or other body parts which could permit animal harborage or entry of children.
(4) 
Any body parts with sharp edges including holes resulting from rust.
(5) 
Missing tires resulting in unsafe suspension of the motor vehicle.
(6) 
Upholstery which is torn or open that could permit animal and/or vermin harborage.
(7) 
Sharp objects protruding from the chassis.
(8) 
Broken headlamps, tail lamps, side lamps or other vehicle body parts with sharp edges which are inherently dangerous and could permit the harborage of vermin.
(9) 
Broken vehicle frame suspended from the ground in an unstable manner.
(10) 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
(11) 
Leaking battery.
(12) 
Any condition enabling entrapment within the vehicle including but not limited to open trunks.
(13) 
Damaged floor boards, trunk, trunk floor, fire wall or truck bed with holes or sharp edges.
(14) 
Damaged bumpers pulled away from the perimeter of the vehicle.
(15) 
Broken grill with protruding edges.
(16) 
Vehicle suspended on unstable supports.
[Ord. 553, passed 4-27-1970]
No person shall throw or deposit litter on any open or vacant private property within the Town whether owned by such person or not.
[Ord. 3, passed 11-1-1946]
(a) 
No privy, urinal, cesspool, septic tank or other receptacle for human excrement shall be constructed, maintained or used which directly or indirectly drains or discharges over, upon or across the surface of the ground, into any gutter, street, road, highway, alley or lane, or into any waters of the State.
(b) 
All privies, urinals, cesspools, septic tanks or other receptacles for human excrement shall be cleaned at sufficiently frequent intervals to prevent the contents from overflowing.
(c) 
The transportation of human excrement shall be effected in water-tight containers with tight fitting covers. Containers shall be thoroughly cleaned after each use.
(d) 
No human excrement removed from privies, urinals, cesspools, septic tanks or other receptacles shall be dumped, spread or deposited upon any lands within the limits of the Town; except that human excrement may, with the owner's permission, be dumped, spread, or deposited upon tillable lands used exclusively for farming and providing such lands are not planted for a period of two years thereafter, to crops consumed directly by human consumption.
(e) 
No privy, cesspool, septic tank or other receptacle for the human excrement shall be constructed, maintained or used upon premises which has access to a public sewer or which is accessible to a sewer system from which sewage is lawfully discharged into the waters of the State.
(f) 
No privy, urinal, toilet or other receptacle of human excrement shall be constructed, maintained or used in any room, or have direct connection with any room wherein any kind of exposed foods or foodstuffs are prepared, stored or handled.
[Ord. 3, passed 11-1-1946]
No kitchen or laundry water shall be discharged or be permitted to discharge or flow into any gutter, street, road, highway, alley, lane or public place.
[Ord. 3, passed 11-1-1946]
(a) 
No owner, lessee, tenant, agent or occupier of any land within the limits of the Town shall use or permit his, her or their lands to be used for the dumping, accumulating or disposal of any garbage, rubbish, inflammable or other waste materials of any kind, nor shall any building or buildings be erected or machinery installed upon such land for the disposal of such garbage, rubbish, inflammable materials or other waste materials.
(b) 
No garbage, offal, dead animals, decaying matter, waste material or other waste substance of any kind shall be thrown or deposited in any ravine, ditch or gutter; on any street, road, highway, lane or alley, into any waters of the State, or be permitted to remain exposed upon the surface of the ground.
(c) 
In built-up sections of the Town manure shall not be allowed to accumulate in or near stables, piggeries or roosts for a period of more than three days unless it is adequately protected against the breeding of flies.
(d) 
Manure shall not be allowed to accumulate in any place where it can prejudicially affect any source of drinking water.
(e) 
The carcass of any dead animal shall be removed and disposed of by burial, incineration or other proper method within 24 hours after death. If the carcass is buried, it shall be placed so that every part shall be covered by at least two feet of earth and at a location not less than 100 feet from any well, spring, stream or other surface waters, and in a place not subject to overflow.
In all cases of death from communicable disease, the carcass if disposed of by burial, shall first be thoroughly enveloped in unslaked lime.
Proper disposal shall be made by the owner of the animal or by the owner of the property on which the dead animal is found. Where the owner of the animal is unknown and the carcass is found upon any street, road, highway, lane, alley or other public place, it shall be removed and disposed of by direction of Council at Town expense.
[Ord. 3, passed 11-1-1946]
(a) 
No person, partnership, firm or corporation maintaining a slaughter house, rendering works, depository of dead animals, glue works, tannery, wool-washing establishment, paper mill, by-product coke oven, dye works, oil refinery, dairy, creamery, cheese factory, milk station or similar establishment, or engaged in the manufacture of gas, chemicals, explosives, fertilizers or similar products; or in the business of soap making, fish oil extraction, bone boiling or similar occupation shall allow any noxious exhalation, odors or gases that are deleterious or detrimental to public health to escape into the air, or any substance that is deleterious or detrimental to public health to accumulate upon the premises or be thrown or allowed to be discharged into any street, roadway or public place; or be thrown or allowed to be discharged into any stream or other waters of the State.
(b) 
All slaughter houses, rendering works, bone boiling establishments, depositories for dead animals, disposal works, piggeries and similar establishments handling organic matter shall have an adequate water supply for the purpose of keeping the place clean and sanitary. All floors shall be constructed of concrete or other impervious material and shall have adequate provision for drainage to a cesspool or to a sewer or treatment works approved by the State Department of Health.
[Ord. 3, passed 11-1-1946]
No owner or occupant of any premises shall maintain any well, spring, cistern or other source of water used for drinking or household purposes and to which the public has or may have access and which is polluted or which is so situated or constructed that it may become polluted in any manner that may render such water supply injurious to health.
[Ord. 3, passed 11-1-1946]
(a) 
It shall be the duty of the Town Manager to enforce the provisions of Sections 705.05 through 705.08 in the name of the Town and secure compliance with the requirements thereof.
(b) 
In addition to any penalty, a violation of any provision of Sections 705.05 through 705.08 shall be deemed to be a nuisance, and such nuisance may be abated in the manner now provided by law.
[Ord. 553, passed 4-27-1970; Ord. 1273, passed 7-15-2002]
(a) 
Any person, firm or corporation violating any provisions of Section 705.02 through 705.04 shall be deemed guilty of a summary offense and shall be fined not more than $300. Each day a violation is committed or is permitted to continue shall constitute a separate offense.
(b) 
Any person, firm, partnership or corporation violating any provision of Sections 705.05 through 705.09 shall be deemed guilty of a summary offense and, shall be fined not more than $500 for each offense. Each day that any person, firm, partnership or corporation continues to violate or fails to comply with any requirement of such sections shall be considered a separate offense.
(c) 
Any person, firm, partnership or corporation violating any provision of Section 705.091 shall be deemed guilty of a summary offense and shall be fined an amount not to exceed $500 for each offense, plus any costs incurred by the Town for cleanup and remediation of the violation. Each day that any person, firm, partnership or corporation continues to violate or fails to comply with any requirement of Section 705.091 shall be considered a separate offense.