[HISTORY: Adopted by the Board of Commissioners of the Township
of Muhlenberg 10-15-2018 by Ord. No. 576. Amendments noted where
applicable.]
The following words, terms, and phrases, when used in this chapter,
shall be defined as follows, unless context clearly indicates otherwise:
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.
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.
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.
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.
Markings, as initials, slogans or drawings, written, painted
or sketched on public sidewalks, walls of buildings, public restrooms
or signs.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
Includes, but is not limited to, all waste material, garbage,
trash or other matter that has been abandoned or improperly discarded
or disposed.
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.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harbourage.
One or more open tires or tubes which could permit animal harbourage.
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.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid registration and
inspection sticker, excluding agricultural and off-road vehicles.
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.
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.
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.
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."
Every natural person, firm, corporation, partnership, association,
or institution.
A patrolman or other officer of the Muhlenberg Township Police
Department.
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.
Any conditions or premises that are unsafe or unsanitary.
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.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
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.
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.
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.
The containment of any solid waste on a temporary basis in
such a manner as not to constitute disposal of such waste.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
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.
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.
Shall be defined as:
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed 10 inches in height.
Exhale unpleasant noxious odours or pollen such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as weeds or brush.
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
Encroaches onto neighbouring properties by way of leaders or
roots without property owners consent.
May cause a public nuisance.
Weeds shall not include properly cultivated and managed vegetation
planted for edible or ornamental purposes such as vegetable gardens,
trees, shrubs, flowers, etc.
An open space on the same lot with a structure.
A.
Accumulation of rubbish or garbage. It shall be unlawful to fail
to maintain the exterior of all properties and premises free from
any accumulation of solid waste, rubbish, or garbage.
B.
Animal maintenance and waste/feces cleanup. People owning, harbouring,
or keeping an animal within the Township of Muhlenberg shall not permit
any waste matter/feces from the animal to collect and remain on the
property so as to cause or create an unhealthy, unsanitary, dangerous,
or offensive living condition. All waste from animals must be cleaned
up on a daily basis. Further, any person walking a pet on a public
street, sidewalk, public property or the property of another shall
collect all animal waste matter feces immediately. People involved
in agriculture may be excluded in this violation at the discretion
of the Codes Department.
C.
Disposal of rubbish or garbage/dumping. It is unlawful to improperly
dispose of rubbish or garbage, or dump or dispose of rubbish or garbage
on vacant, unoccupied, or other property. It shall be the responsibility
of every owner and/or occupant of property to dispose of rubbish or
garbage placed on any property owned by such owner in a proper manner,
whether placed there by such owner or any other person.
D.
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 (254 mm). All weeds considered to be noxious by botanical standards
shall be prohibited. Cultivated flowers, gardens, trees, and shrubs
shall not be included as a violation of this chapter.
E.
Littering or scattering rubbish. No person shall throw, dump, place,
sweep, or dispose of any waste, trash, garbage, or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, public
parking area, or on any public property.
F.
Motor vehicles. Except as expressly provided otherwise in the Township
Zoning Ordinance, it shall be unlawful to store, park, or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle on any premises.
G.
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any/all appliances or furniture, including refrigerators,
air conditioners, ovens, washers, dryers, microwaves, dishwashers,
mattresses, recliners, sofas, interior chairs, or interior tables
on the exterior of any property, except for immediate disposal or
for the temporary purpose to perform active and substantially continuous
maintenance on said property. An exception to this violation may include
enclosed porches.
H.
Fireworks. It shall be prohibited to ignite or discharge fireworks
on public or private property without express permission of the owner.
It shall be prohibited to ignite or discharge fireworks from or within
a motor vehicle or building. It shall be prohibited to ignite or discharge
fireworks toward a motor vehicle or building. It shall be prohibited
to ignite or discharge fireworks within 150 feet of an occupied structure,
whether or not a person is actually present. It shall be prohibited
to ignite or discharge fireworks while a person is under the influence
of alcohol, a controlled substance, or another drug. Police officers
may enforce this violation.
I.
Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the Township of Muhlenberg, is required to remove
any snow or ice from their sidewalk within 24 hours of the cessation
of said snow and ice falling. Furthermore, such person must create
a three-foot-wide path, free from any snow or ice, on said sidewalk.
Snow removed in compliance herewith shall not be placed onto a public
street.
J.
Storage containers for waste or trash. The owner of every premises
shall employ safe and sanitary containers for waste/trash, as well
as be responsible for the removal of rubbish. All containers that
store waste or trash shall be durable, water tight, and made of metal
or plastic. Containers must have tight-fitting covers, and must be
kept clean and odor free at all times.
K.
Storing of recyclables. It shall be the responsibility of the owner
of all residential, commercial, and industrial property to ensure
storage, collection, and disposal of all recyclables from their property
in such a manner not to create a public nuisance.
L.
Swimming pools. Swimming pools shall be maintained in good repair
at all times in order to prevent the existence or presence of any
water in which mosquito larvae may mature and grow.
M.
Nonmotorized vehicles. It shall be unlawful for any nonmotorized
vehicle, trailer, travel trailer, house trailer, slide-in camper,
boat, fifth wheel vehicle, or any similar nonmotorized vehicle to
be parked on any publicly dedicated street in the Township of Muhlenberg
except for the purpose of loading and unloading said vehicle for a
period of 24 hours or less. Violations of licenced nonmotorized vehicles
can only be enforced by police officers.
N.
Noise. It is unlawful to create noise that meets the definition set
forth above and disturbs the peace and continues after one verbal
or written notice by a police officer. Police officers may enforce
this violation.
O.
Graffiti. It shall be unlawful to place graffiti on public sidewalks,
walls of buildings or any public property.
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.
The provisions of this chapter may be enforced by any public officer
of Muhlenberg Township. In addition, where so provided, and only where
so provided, the provisions of this chapter may be enforced by any
police officer.
B.
Any violation of the provisions of this chapter may be cause for
a citation, a violation ticket, and/or a notice of violation to be
issued to the violator.
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.
A.
Any person or business violating this chapter, upon issuance of a
violation ticket, shall abate or remedy the violation in question.
The Township is also authorized to abate or remediate the violation,
as provided herein.
B.
The Township of Muhlenberg and/or its contractor, per the direction
of the Township, reserves the right to abate the violation in question
at the expense of the owner. If the Township has affected 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 violation ticket, which will
also be paid separately. The Township reserves the right to charge
an additional 20% on all material purchases to cover all miscellaneous
expenses, such as wear and tear on equipment. If the offending party
fails to pay any abatement charges assessed by the Township, the Township
may cause a municipal lien to be placed against the property of the
offending party and to assess the costs of imposing such lien in accordance
with the Pennsylvania Municipal Claim and Tax Lien Law and the ordinances
of the Township.
C.
Contractor cleanup. The Township 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 violation ticket. Should the
violation present imminent danger and/or pose a health hazard and/or
risk, the Township reserves the right to direct the contractor to
perform the abatement immediately. The contractor will submit a bill
for their work to the Township of Muhlenberg and the Township will
forward these costs to the violator. The Township reserves the right
to add a 30% processing fee in addition to the cost of the contractor.
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:
(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.
