The following words, terms, and phrases, when used in this chapter,
shall be defined as follows, unless context clearly indicates otherwise:
DUMPING
Includes, but is not limited to, depositing of rubbish, litter,
depositing durable goods (small appliances, refrigerators, washers,
dryers, etc.), furniture, carpets, tires, vehicles, vehicle parts
and automotive products, and other such solid waste, and construction
or demolition debris on public or private property, except as authorized
by law.
FIREWORKS
A.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion is suitable for use by the public, if
use complies with the construction, performance, composition and labelling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or and successor regulation
and complies with the provisions for consumer fireworks as defined
in APA 87-1 or any successor standard, the sale, possession, and use
of which shall be permitted throughout the commonwealth.
B.
The term does not include devices as ground and hand-held sparkling
devices, "novelties" or "toy caps" in APA 87-1 or any successor standard,
the possession and use of which is permitted at all times throughout
the Township.
GARBAGE
Discarded animal or vegetable matter resulting from the handling,
preparation and cooking of food and other matter that is no longer
useful, wanted or needed.
GRAFFITI
Markings, as initials, slogans or drawings, written, painted
or sketched on public sidewalks, walls of buildings, public restrooms
or signs.
INDOOR FURNITURE
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
LITTER
Includes, but is not limited to, all waste material, garbage,
trash or other matter that has been abandoned or improperly discarded
or disposed.
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.
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 harbourage.
F.
One or more open tires or tubes which could permit animal harbourage.
G.
Any vehicle, including recreational vehicles, 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 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 registration and
inspection sticker, excluding agricultural and off-road vehicles.
NOISE
A sound that is loud, unpleasant or causes a disturbance.
Noise may include but is not limited to the unwanted sounds from barking
dogs, music, residential gatherings and fireworks. Sounds constitute
noise when they disturb the peace of residents and/or are outside
the hours of 7:00 a.m. and 11:00 p.m.
NONMOTORIZED VEHICLE
Any vehicle that is pulled by a motored vehicle, including
but not limited to nonmotorized utility trailers, travel trailer,
house trailer, slide-in camper, boat trailer and fifth wheel vehicles.
NOTICE OF VIOLATION
A written document issued to a person in violation of a Township
ordinance that specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
NUISANCE
Any condition, structure, or improvement that constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Township, or causes a blighting effect in the Township.
See also "public nuisance."
PERSON
Every natural person, firm, corporation, partnership, association,
or institution.
POLICE OFFICER
A patrolman or other officer of the Muhlenberg Township Police
Department.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person
or corporate entity and including all 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.
PUBLIC OFFICER
Any authorized inspector, or public official designated by
the Township to enforce the Township property maintenance code ordinances,
building code ordinances and this chapter. A public officer does not
include a police officer. Police officers may enforce this chapter
only for specified violations as provided herein.
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
RECYCLABLE MATERIAL
Material which would otherwise become solid waste, which
can be collected, separated, or processed, and returned to the economic
mainstream in the form of raw materials or products.
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.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials, as defined by Pennsylvania law.
STORAGE
The containment of any solid waste on a temporary basis in
such a manner as not to constitute disposal of such waste.
VEGETATION
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
VIOLATION TICKET
A form issued by a public officer to a person who violates
a provision of this chapter. The violation ticket is an offer by the
Township of Muhlenberg extended to a person to settle a violation
by paying the fine and correcting the violating condition, in lieu
of a citation being issued against the violator under any ordinance
of the Township.
VIOLATOR
A violator shall be any person who violates this chapter.
A violator may be the owner or the occupant of a property or both
the owner and the occupant of a property where the basis of the violation
is a condition on or arising from a private property.
WEEDS
Shall be defined as:
A.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
(1)
Exceed 10 inches in height.
(2)
Exhale unpleasant noxious odours or pollen such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as weeds or brush.
(3)
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
(4)
Encroaches onto neighbouring properties by way of leaders or
roots without property owners consent.
(5)
May cause a public nuisance.
B.
Weeds shall not include properly cultivated and managed vegetation
planted for edible or ornamental purposes such as vegetable gardens,
trees, shrubs, flowers, etc.
YARD
An open space on the same lot with a structure.
Upon finding a violation, any public officer of the Township
of Muhlenberg, may issue violation tickets to the owner and/or occupant
of the property at issue or to the individual(s) known to have violated
this chapter. In addition, where so provided, and only where so provided,
any police officer of the Township of Muhlenberg may issue violation
tickets to the owner and/or occupant of the property at issue or to
the individual(s) known to have violated this chapter.
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 agent or to
the person for the time being in charge thereof, or by mailing the
notice to the violator's address of record.
A. Any person who violates this chapter may be issued a violation ticket.
Each violation ticket shall bear a fine. Fines shall be set, from
time-to-time by resolution of the Board of Commissioners. If the violation
is one for which abatement or remediation is required, such violation
must be remediated or abated within 48 hours of service of a violation
ticket to the violator. If the violation is not remediated or abated
within said forty-eight-hour-period, an additional fine of like amount
may be assessed for each day that the violation continues.
B. Failure of the person to pay a violation ticket within five days
of having a violation ticket served as set forth herein, or failure
to abate a violation of this chapter within 48 hours of issuance of
a violation ticket, may result in the issuance of a notice of violation
and a nontraffic citation under any other ordinance of the Township
that has been violated, including the Township's Property Maintenance
or Building Code Ordinances.
C. Nothing in this chapter shall be deemed to repeal or alter the rights
of the Township to enforce its other ordinances, such as its Property
Maintenance or Building Code Ordinances and to issue notices of violation
and citations thereunder without first issuing a violation ticket
under this chapter, this chapter being intended to be an alternative
means of achieving compliance with the ordinances of the Township
and not a primary or exclusive vehicle therefor.
Following the forty-eight-hour period allowed for abatement
or remediation of the violation, each day a violation continues or
is permitted to continue may constitute a separate offense for which
a separate fine may be imposed.
Any person to whom the Township issues a violation ticket who
desires to challenge the procedural or substantive validity thereof,
may file an appeal of the issuance of such violation ticket by filing
a written notice of appeal with the Director of Code Services within
five days of the issuance of such violation ticket, as set forth below.
If the appeal is decided against the appellant, the appellant shall
pay the fine attendant to the violation ticket within five days of
such decision and shall remediate the violation as provided herein.
During the pendency of the appeal, nothing in this chapter shall be
deemed to restrain the right of the Township to enforce its other
ordinances, such as its Property Maintenance or Building Code Ordinances,
and to issue notices of violation and citations thereunder.
A. Administrative appeal.
(1) A person in receipt of a violation ticket may appeal to the Director
of Codes by filing a request to the Codes Department five calendar
days of the date of the violation ticket.
(2) In order for an appeal to be deemed valid and a hearing date/time
to be set, the following must be performed by the alleged violator
requesting the appeal within five calendar days of the date that the
quality of life ticket was issued:
(a)
All paperwork, including the appropriate appeal form, must be
completed and submitted within five days after the ticket was issued.
(b)
Payment of fine must be paid in full which will be refunded
within 30 calendar days should the alleged violator win their appeal.
(3) The appeal hearing will be held before the Director of Codes his/her
designee. The Director of Codes may uphold the appeal, deny the appeal,
or modify the violation ticket and/or subsequent costs, fines, or
penalty amounts as he/she sees appropriate.
B. Subsequent appeals. Any subsequent appeal shall be filed to the Berks
County Court of Common Pleas pursuant to 2 Pa. C.S. 751 and 752.
If any provision, paragraph, word, section, or subsection of
this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsection
shall not be affected and shall remain in full force and effect.