For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future tense, words in the plural include the singular,
and words in the singular include the plural.
APPLIANCE
A stove, refrigerator, television set, furnace, air conditioner,
water heater, water softener, washer, dryer, microwave or any household
article used to perform any of the necessary domestic work in a household.
The term appliance shall also mean any article used in business to
increase production or to speed, ease, or eliminate work, including
but not limited to the specific items aforementioned.
ATTRACTIVE NUISANCE
A nuisance that is dangerous or hazardous to young children
because of their inability to appreciate peril and may reasonably
be expected to attract them to personal or real property.
DANGEROUS STRUCTURE
Any building or structure which is in such a dilapidated
condition that it is unfit for human habitation or kept in such an
unsanitary condition that it is a menace to the health of persons
residing in the vicinity thereof, or is in a condition that presents
a fire hazard.
DISCARDED
Any item resting for 48 hours outdoors, or in an area that
is not fully enclosed, which is not designed for outdoor use or which
is not being used outdoors for its intended purpose.
JUNKED
Inoperable, obsolete, or abandoned items that are, being
stripped of components, being used or sold for parts, to be sold for
scrap, or not being used for their intended purpose.
NUISANCE
The unreasonable, unwarranted, or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance, or discomfort to any person or resident in the legitimate
enjoyment of his reasonable rights of person or property including,
but not limited to:
A.
The presence of junk, trash or debris including but not limited
to all waste, refuse and discarded materials having only a junk or
salvage value, and garbage or waste not contained in a safe sanitary
and orderly manner in a proper container for collection.
B.
The presence of abandoned, discarded or unused: equipment, appliances,
household furnishings, or other objects.
C.
Maintaining or causing to be maintained upon any unenclosed
porch or exterior attachment, furniture, other than furniture designed
for exterior use, which is commonly intended for use inside a dwelling
including but not limited to upholstered sofas, chairs, davenports,
beds, divans and similar items.
D.
Maintaining or allowing any dangerous structures, including
but not limited to abandoned, occupied, or unoccupied buildings or
parts of buildings.
E.
Maintaining or allowing any building to be unsecured.
F.
Trees, shrubs, hedges, or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
G.
Trees, shrubs, or other vegetation overhanging a road right-of-way
at a height of less than 16 feet measured from the street surface
at the curb or edge of roadway.
H.
Garbage, garbage containers, trash, recycle containers or yard
waste containers, placed in the public right-of-way except for the
24 hours immediately prior to the regularly scheduled collection of
trash. However, in the event that a property owner, whose garbage
collection occurs at the street frontage, does not have access to
the rear yard of the property by any means other than through the
interior of the structure on the property, the property owner may
make application to the Board of Supervisors for an exemption from
the requirement, that garbage containers remain out of the public
right-of-way. An exemption shall only be granted if the property owner
is able to ensure that: (1) the placement of the garbage container
will not obstruct a clear path of no less than four feet, (2) the
garbage container will not be placed in the cartway, and (3) the garbage
container will be covered tightly with a lid at all times and will
remain in good condition. Under no circumstance shall loose or bagged
trash be permitted in the public right-of-way or front yard of a property
except for the 24 hours immediately prior to the regularly scheduled
collection of trash.
I.
Maintaining or allowing the improper disposal of sewage and
wastewater in a manner that does not conform to local ordinance or
regulation, or state or federal law.
J.
Maintaining or allowing more than one unregistered or uninspected
motor vehicle and/or motor vehicle subject to one or more of the following
defects:
(1)
Broken windshields, mirrors, or other glass or plastic with
sharp edges including broken headlamps or tail lamps.
(2)
Missing doors, windows, hoods, trunks, or other body parts or
one or more flat or open tires or tubes that could permit or facilitate
harboring of animals and/or infestation.
(3)
Any body parts with sharp edges, including holes resulting from
rust, broken grill with protruding edges, loose or damaged metal trim
and clips, broken communications equipment and antenna.
(4)
Missing tires resulting in unsafe suspension of the motor vehicle
including suspension on unstable supports.
(5)
Disassembled chassis parts apart from the motor vehicle stored
in an unsafe fashion or loose, in or on the vehicle including protruding
sharp objects from the chassis.
(6)
Damaged bumpers pulled away from the perimeter of the vehicle.
(7)
Any such other defect that may threaten the health, safety,
and/or welfare of the citizens of the Township.
(a)
Exemption: A classic or antique vehicle under restoration is
exempt, but such vehicle may not be stored in the front yard of the
property.
K.
Street obstructions. It shall be unlawful to allow the storing,
depositing, or placement of obstructions on or adjoining any highway,
street, or road, such as dumpsters, portable toilets, basketball goals,
yard waste, branches, or leaf piles not during collection weeks. Any
materials on the street in front of a premises shall be removed and
streets cleaned within 24 hours, unless approved and permitted by
Township.
L.
Vehicle-related discharge. It shall be unlawful to allow the
storing or depositing on or adjoining any highway, street, or road,
vehicle fuel, lubricant leaks or spills, radiators, coolants, hydraulic,
liquid related to automotive. Any materials on the street in front
of the premises shall be removed and streets cleaned within 24 hours,
unless approved and permitted by Township.
M.
Sidewalk obstructions. It shall be unlawful for any person to
place on the public sidewalks of the Township any structure or object
which may potentially represent a hazard or obstruction to any able-bodied
or disabled person traversing any portion of such public sidewalk.
This section shall not apply to items left on public sidewalks for
refuse or recycling collection or obstruction for less than 24 hours.
N.
Parking of abandoned vehicles and other prohibited motor vehicles.
It shall be unlawful to park any non-licensed, unregistered, or uninspected
vehicles, or any type of off-road equipment along the highways, streets,
or roads.
(1)
Exemption: Trailers connected to tow vehicles may be parked
for loading or unloading for no more than 48 hours. Contractors' construction
trucks and trailers, dumpsters, and other equipment may be parked
for more than 24 hours, but only if approved by the Township.
O.
Safety or protective devices. It shall be unlawful to allow
or permit any construction equipment, dumpsters, excavated material,
or obstruction, on or adjoining any highway, street, or road, to remain
opened or exposed without the same being secured by warning and safety
devices such as lights or reflective materials, barricades, temporary
fences, or other protective materials. When dumpsters and bins are
not in use, the lids shall be closed.
P.
Sports equipment and personal activity. The permanent or temporary
erection of poles, basketball backboards and hoops, hockey or soccer
nets, and/or other recreational or sporting equipment on the street,
sidewalks, or within street right-of-way of Straban Township is prohibited.
The playing of basketball, soccer, hockey, or any sports activity
on the streets or sidewalks located within Straban Township is strictly
prohibited. The Township may remove or relocate any sports equipment
that is a nuisance within the street, sidewalks or right-of-way for
the protection of the public and property.
Q.
Unmanned aerial or ground vehicles. It shall be unlawful to
operate on or above streets, any remote-control cars, planes, or any
other remote-control recreational toy or vehicle. Operation of unmanned
aerial vehicles (UAV) and unmanned ground vehicles (UGV) must abide
by all federal and state regulations, and the operator of any UAV
or UGV must have permission of underlining property owner when operated
from surface to 500 feet above ground level (AGL).
R.
The emission of noxious fumes, gas, smoke, ashes, or soot in
such quantities as to render occupancy of property dangerous to a
person of ordinary sensibilities.
S.
The accumulation of, or improper disposal of animal waste, the
improper disposal of the carcasses of animal or fowl, and all disagreeable
and obnoxious odors or stenches, as well as the conditions which give
rise to the omission or generation of said odor and stenches.
T.
Dead or dying trees or other vegetation that may cause a hazardous
situation if they fall.
U.
Any accumulation of stagnant water.
W.
All byproduct of waste fuels, chemicals, and other products
shall be properly disposed of.
X.
Right-of-way maintenance. All trees and vegetation must be trimmed
and maintained adjacent to and above streets, sidewalks, and rights-of-way,
in accordance with the Township Zoning Ordinance.
Y.
Yard waste on Township streets. It shall be unlawful to knowingly
cause grass clippings, leaves, mud, or other debris or waste produced
in conjunction with yard maintenance, gardening and/or yard work or
construction, onto the streets, alleys and other public roads of the
Township.
Z.
Animals. It shall be unlawful for any person owning or possessing
any animal to permit the same to run at large. "Running at large"
shall be defined to be the presence of an animal at any place except
upon the premises of the owner, or upon the premises of another with
the consent of the owner of such premises. An animal shall not be
considered running at large if it is on a leash or under control of
a person physically able to control it. It shall also be unlawful
to keep an animal that constitutes a nuisance in terms of noise, health,
or safety hazards.
OWNER
Any individual, firm, corporation, trust, association, partnership,
or other legal entity which alone, or jointly or severally with others,
holds legal or equitable title to the Rental unit (the plural use
indicates each and every owner), land, or real property.
PERSON
A natural person, firm, partnership, company, association,
trust, corporation, or other legal entity. The singular shall include
the plural, the plural shall include the singular; and the masculine
shall include the feminine and the neuter, whatever appropriate.
TOWNSHIP
Straban Township, Adams County, Pennsylvania.
The remedies provided herein for the enforcement of this chapter
and/or any other remedy, at law and/or in equity, available to the
Township under the laws of the Commonwealth of Pennsylvania shall
not be deemed mutually exclusive but rather each remedy may be employed
simultaneously or consecutively at the sole discretion of the Township.