[HISTORY: Adopted by the Board of Supervisors of the Township
of Marlborough 5-12-2021 by Ord. No. 2021-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This legislation was originally adopted as
Ch. 95, but was renumbered to maintain the alphabetical organization
of the Code.
This chapter shall be known and may be cited as the "Marlborough
Township Nuisance Ordinance."
It is the purpose and intent of this chapter to encourage a
clean, healthy, and satisfying environment that is free of nuisances,
eyesores, and unhealthy and unsafe conditions. To this end, this chapter
seeks to regulate and protect the health, safety, and welfare of Township
residents by regulating the conduct herein described as nuisances.
The words and terms used in this chapter shall have the meanings
given in this section. Unless expressly stated otherwise, any pertinent
word or term not part of this listing but vital to the interpretation
of this chapter shall be construed to have its legal definition or,
in absence of a legal definition, its meaning as commonly accepted
by practitioners including civil engineers, surveyors, architects,
landscape architects, and planners.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
Any monopodial (running) tropical or semitropical grasses
from the genera Bambus including, but not limited to, Bambusa, Phyllostachys
and Pseudosasa as well as common bamboo, golden bamboo, arrow bamboo,
and Japanese bamboo.
A vehicle, including but not limited to cars, trucks, trailers,
boats, motorcycles, recreational vehicles, mobile homes, or any other
vehicle that does not display a current license plate or tag, updated
vehicle registration, valid state inspection sticker, or that is wholly
or partially dismantled or wrecked; or cannot be self-propelled or
moved in the manner in which it was intended; or is disabled and/or
in an inoperative condition.
A condition, activity, or situation that causes injury, damage,
or endangers the health, safety, and/or welfare of any individual
person or the community at large in the legitimate enjoyment of their
property. The fact that the act performed may be otherwise lawful
shall not keep it from being considered a nuisance.
The minimum ground or structure-borne vibratory motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or usual observation
of moving objects.
Any living stage (including seeds and reproductive parts)
of a parasitic or other plant of a kind that is non-native, is new
to or not widely prevalent in the U.S., and can directly or indirectly
injure crops, other useful plants, livestock, poultry or other interests
of agriculture, including irrigation, navigation, fish and wildlife
resources, or the public health. The definition of weeds is not applicable
to noninvasive plants used for stormwater management practices and
appropriate naturalization of landscapes. The term "weeds" shall not
include native pollinating flowering species planted and maintained
specifically for the purpose of attracting pollinators.
No person shall continue, maintain, cause, permit, establish, or carry on any of the following prohibited acts, activities, or conditions on any public or private property, whether occupied or unoccupied, within the Township, if such acts, activities, or conditions are determined to constitute a nuisance, as that term is defined in § 162-3. Any such acts, activities, or conditions shall be abatable and punishable as specified in § 162-5. The following conditions are specifically identified as constituting a nuisance:
A.
Prohibited
vegetative and structural impacts.
(1)
Any
wall, fence, structure, hedge, tree, shrub, or other vegetative growth
abutting any street, alley, or sidewalk that is within the area measured
12 feet upwards from the surface of the street, alley, or sidewalk,
or which shades or touches any streetlight, touches any power transmission
line supplying a streetlight with electricity, or which interferes
with or obstructs any traffic sign, vehicular or pedestrian sight
line, or impedes the free passage of pedestrians or vehicles along
a street, alley, or sidewalk. Proper sight distances shall be determined
using Title 67, Chapter 441, Access to and Occupancy of Highways by
Driveways and Local Roads, of the Pennsylvania Code, 67 Pa. Code §§
441.1 through 441.10.
(2)
Any
dead or diseased tree or part thereof, or other vegetation that unreasonably
affects or interferes with the health, safety, or welfare of the public
or the right of the public to the unobstructed use of public roads
or property, or that extends over a street, alley, or sidewalk.
(3)
Any
tree stump in the area abutting a street, alley, or sidewalk that
has not been cut off less than six inches below ground level or ground
down to a level no less than six inches below ground level.
(4)
Tall
weeds, grasses, or other obnoxious or objectionable vegetation that
grows to a height of more than 12 inches off the ground, except for
ornamental grasses and native species planted for stormwater management
purposes, or areas being allowed to revert to a natural state. For
stormwater management areas, upon request, an operations and maintenance
plan for the area shall be submitted to the Township describing the
stormwater management design, the drainage area the vegetation manages,
a schedule for mowing, and invasive plant removal. Where a property
owner wishes to return any portion of their property to meadow by
deliberately allowing vegetation to grow naturally without regular
maintenance, the property owner shall maintain vegetation as described
above between the ultimate right-of-way line and the building setback
line for accessory structures. For areas being allowed to return to
a natural state, the Township may request a maintenance plan that
follows the best management practices described by Pennsylvania's
Department of Conservation and Natural Resources or other similar
source.
(5)
Bamboo
that is permitted to spread beyond the property lines of a property
where it has been planted, grown, or permitted to remain.
B.
Prohibited
outdoor storage.
(1)
The
accumulation of abandoned, discarded, or dilapidated objects, including,
but not limited to, broken or neglected equipment, machine parts,
tires, scrap materials, appliances, furniture, household equipment
and furnishings, shopping carts, containers, packing materials, salvage
materials, litter, rubbish and debris, or similar materials that constitute
a threat to the health or safety of any persons or contribute to blight
and property degradation.
(2)
The
accumulation of dirt, sand, gravel, concrete, or other similar material
not incorporated into the landscaped areas of a property.
(3)
Attractive
nuisances generally considered dangerous to children including, but
not limited to, unsecured accessory buildings and unoccupied dwellings;
and abandoned, broken, or inoperable vehicles, equipment, machinery,
refrigerators, or freezers.
(4)
Outdoor
storage within the setback required for accessory structures.
C.
Prohibited
animals.
(1)
Animals
or fowl that are permitted to go at large on private property and
cause injury or detriment to others, or are permitted to go at large
on public property or the private property of another without permission.
(2)
Dogs
that are allowed to run at large upon public property or the private
property of another without permission. Said dogs must be under positive
control by leash.
D.
Any building
or other structure that is in a dilapidated condition, structurally
unstable, presents a fire hazard, or is kept in a condition that promotes
or harbors the breeding of rodents, vermin, mosquitoes, or other harmful
insects or animals.
F.
Unsecured
openings caused by improperly abandoned cisterns; well pits; sewage,
water, and/or sewage treatment systems; unused or nonmaintained swimming
pools; mine shafts; or tunnels.
G.
Public
nuisances that may result in physical harm to another and/or damage
or destruction to public or private property caused by a person or
vehicle.
H.
Obnoxious
odors or stenches, as well as the conditions, substances or other
causes that give rise to the emission or generation of such odors
and stenches except for accepted agricultural practices.
I.
Pollution
of any public or private well, stream, or lake, by sewage discharging
onto the surface of the ground or backing up into a structure or body
of water.
J.
Pollution
of any public or private well, stream, or lake due to the improper
disposal or storage of fuel, chemicals, or other substances.
K.
Discharge
of firearms, except under the following conditions:
(1)
An
appropriate berm or backstop has been placed, or a terrain feature
is located, so as to prevent a projectile from crossing a property
line. All berms or backstops shall comply with the recommendations
of the National Rifle Association in the then-current edition of its
Range Source Book and appended materials. All berms, backstops and
baffles shall be maintained to perform their intended functions.
(2)
The
berm or backstop shall be set back at least 100 feet from any property
line.
(3)
The
discharge of firearms shall only occur between 8:00 a.m. and sunset,
except for activities governed by applicable state and/or federal
law. Organized gun clubs with prior written notification to the Township
may discharge firearms until 11:00 p.m. The Township Code Enforcement
Officer may inspect any facility requesting such a time extension.
(4)
Buckshot
and birdshot ammunition may be discharged without a berm or backup
if the fired buckshot and birdshot ammunition remains on the property
from which it is fired.
L.
Sidewalk
and driveway maintenance.
(1)
The
property owner is responsible for maintaining sidewalks, trails, and
curbs along any frontage of a property in a safe and accessible condition,
unless such responsibility has been designated to another entity.
(a)
Sidewalk slabs that are broken, dished, missing, severely cracked,
excessively slippery, or disintegrated, as determined by the Township
Codes Official, must be replaced or repaired in a manner that complies
with the engineering standards within the Township's Subdivision and
Land Development Ordinance[1] and the Federal Americans with Disabilities Act.
(b)
Sidewalks must be cleared, with a minimum thirty-six-inch-wide pathway,
of snow and ice within 24 hours after snow or ice has stopped falling.
Snow and ice may not be placed in the public right-of-way.
(c)
Vehicles shall not be parked, or allowed to remain parked, on a sidewalk
and shall be considered a nuisance.
(2)
Property
owners are responsible for maintaining all driveways, adjacent areas,
and areas between such driveways, including channelization, paving,
drainage, etc., in such a manner as not to interfere with the design,
maintenance and drainage of roads or the safe and convenient passage
of traffic upon the roads or sidewalks. This regulation does not apply
when the Township undertakes a road or drainage improvement project
that involves existing driveways. The term "adjacent area" shall apply
only to that area within the driveway owner's property boundaries.
M.
Noise and
vibration disturbances.
(1)
At
no time shall noise exceed an A-weighted sound level of 90 dBA as
measured at the property line for a sustained duration of two hours
or more. A discontinuance of the noise for a period of less than 20
minutes shall not be considered a cessation with respect to the two-hour
limit.
(2)
Specific
noise and vibration prohibitions. Without limiting the generality
of the foregoing, the following are specifically prohibited and are
declared to be public nuisances, except as otherwise provided in this
chapter:
(a)
Radios, television sets, stereos, computers, speakers, loudspeaker,
sound amplification device, computer-generated musical instruments,
and similar devices, in such a manner as to cause a noise disturbance.
Operating any such device between the hours of 10:00 p.m. and 7:00
a.m. the following day in such a manner as to be audible across a
property line, or plainly audible at 50 feet from such device when
operated within a motor vehicle on a public right-of-way or in a public
space.
(b)
Selling anything by shouting or by outcry except by permit.
(c)
Loading, unloading, opening or otherwise handling boxes, crates,
containers or similar objects between the hours of 10:00 p.m. and
7:00 a.m. the following day in such a manner as to create a noise
disturbance within a residential district, except during an emergency.
(d)
Operating or causing to be operated any equipment or machinery, including,
without limitation, equipment and machinery used in commercial construction,
repair, alteration or demolition work on buildings, structures, streets,
alleys or appurtenances thereto, equipment and machinery used in quarrying
operations, and equipment and machinery used for tree harvesting,
forestry, or logging in the following manner:
[1]
With sound control devices which have been tampered with;
[2]
In violation of any regulation of the United States Environmental
Protection Agency or Pennsylvania Department of Environmental Protection;
or
[3]
Between the hours of 7:00 p.m. and 7:00 a.m. the following day on
weekdays and between 7:00 p. m. on Saturday evenings and 9:00 a.m.
on Sunday mornings, which creates a noise disturbance, unless otherwise
exempted in this chapter, or by an act of the Township or by law.
(e)
The use or firing of explosives or similar devices that creates a
noise disturbance.
(f)
Yelling, shouting, or whistling on public streets between the hours
of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise
disturbance.
(g)
Operating, or permitting to be operated, any power saw, sander, drill,
grinder, garden equipment or tools of a similar nature outdoors in
residential districts between the hours of 10:00 p.m. and 7:00 a.m.
the following day, in such a manner as to create a noise disturbance.
(3)
Between
the hours of 10:00 p.m. and 7:00 a.m., any noise that disturbs two
or more residents who are in general agreement as to the times and
durations of the noise and who reside in separate residences, including
apartments, mobile homes, and condominiums located within the same
building, which are located across a property line from the property
on which the source of the noise is generated, shall be prima facie
evidence of a noise disturbance.
(4)
At
no time shall an activity create a vibration that is above the vibration
perception threshold of an individual at or beyond the property lines
of the property on which the source is located, if on private property,
or at least 50 feet from the source if on public property or public
right-of-way.
(5)
Noise
from the following sources shall be exempt from the noise standards
specified herein:
(a)
All safety signals and warning devices (e.g., stationary emergency
signal devices, intrusion alarms, backup alarms on trucks, police/fire/
ambulance sirens) or any other device used to alert persons to an
emergency or used during the conduct of emergency work.
(b)
Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays.
(c)
Appliances, lawn and garden equipment or household power tools in
use between the hours of 7:00 a.m. and 10:00 p.m., provided such are
operated within the manufacturer's specifications and with all standard
noise-reducing equipment in use, unmodified and in proper operating
condition.
(d)
Snow removal equipment, operated within the manufacturer's specification
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition.
(e)
Air conditioners, fans, heating units and similar devices, provided
such are operated within the manufacturer's specifications and with
all standard noise-reducing equipment in use, unmodified, and in proper
operating condition.
(f)
Airplanes, helicopters and normal activities of properly licensed
airports; trains operating on railroads.
(g)
Musical, recreational and athletic events conducted by schools or
a local government, including such outdoor practices as may be necessary
in preparation for such events.
(h)
Activities permitted by special waiver, as provided herein, and activities
conducted in accordance with special activity permits for use of public
property or the public rights-of-way, approved by the Township.
N.
Sump pump
discharge. No sump pump discharge point may be placed closer than
20 feet from a property line or Township right-of-way. No surface
discharge point may be established that results in standing water
or an icing condition on an adjoining property or roadway.
It shall be unlawful for any person to violate any provision
or fail to comply with any requirement of the Marlborough Township
Nuisance Ordinance.
A.
A public nuisance constituting an emergency or imminent threat to the public health, safety, and welfare of the community may be abated by the Township without notice, and the cost of abatement shall be charged to the responsible person(s) as provided in Subsection G, Recovery of costs, below.
B.
Owner notice.
Upon declaration of a public nuisance, the Township shall give written
notice of its determination to the person, owner, occupant, and/or
property agent; and order the nuisance be abated. This notice shall
be served in person or by regular mail to the owner of record with
the Montgomery County Board of Assessment Appeals for the property
on which the nuisance is occurring, and contain the following:
(1)
The
location of the property on which the nuisance is occurring by street
address, parcel identification number, or property description.
(2)
The
nature of the identified nuisance(s).
(3)
A summary
of the owner's and/or occupant's responsibilities under this chapter.
(4)
A specific
order to abate or remediate the identified nuisance(s).
(5)
The
date by which the property owner and/or occupant must complete the
abatement of the identified nuisance, not to exceed 30 days following
receipt of the notice unless a shorter time is required due to the
Township's determination that immediate abatement is necessary to
protect the public health, safety, and welfare of the community. In
such cases, the reason for a shortened abatement period shall be specified.
(6)
Information
regarding the recipient's right to appeal as provided in this chapter.
(7)
Information
that, if the identified nuisance is not abated or removed in accordance
with the terms of the notice, the Township will have the identified
nuisance abated or removed at the property owner's expense under the
provisions of this chapter, or other applicable state or local law.
C.
Unknown
or absent property owner. If the property owner is unknown or absent
and has no known representative upon whom the notice may be served,
the Township shall post the notice on the property.
D.
Warning
sign. The Township shall post a warning sign, when deemed necessary,
to further protect the public health, safety, and welfare. The warning
sign(s) shall be posted at the entrance(s) of the structure or property
and contain information sufficient to alert visitors or returning
occupants that it may be dangerous to enter and that entry is prohibited
unless authorized by the Township or the agency posting the sign.
Any person other than the Township or its designated agent who removes
a warning sign shall be in violation of this chapter and subject to
a penalty as provided in this chapter.
E.
Abatement of public nuisances by the Township. If the owner, property agent, or occupant fails to comply with the requirements stated in the notice issued pursuant to Subsection B, Owner notice, of this section, the Township may abate or remove the public nuisance as described in the notice. The Township shall recoup the costs of any such abatement or removal as provided in Subsection G, Recovery of costs, of this section. The Township shall not enforce public nuisances related to noise and vibration disturbances. Such violations shall exclusively be enforced via private actions as authorized in Subsection K, Abatement of public nuisances by private action.
F.
Vacating the public nuisance order. Upon Township verification of proper abatement, remediation, or removal of the identified nuisance, the Township shall issue written notice to those persons served with notice under Subsection B, Owner notice, and Subsection C, Unknown or absent property owner, of this section that the public nuisance order is vacated.
G.
Recovery
of costs.
(1)
If
the Township is required to remove, abate, or remediate a public nuisance,
the expense of such abatement shall be paid by the owner or occupant
of the property and shall be a lien upon the land for which a lien
may be filed by the Board of Supervisors, in the name of the Township,
in the Court of Common Pleas of Montgomery County within six months
from the date of completion of the work, subject to the same proceedings
for entry and revival of judgment and execution as are provided by
law for other municipal liens. The supervisors may also maintain an
action against such owner or occupant, in the name of the Township,
to recover the costs incurred by abating the nuisance.
(2)
If
sound-level testing is required to determine if a violation is occurring:
(a)
The party found to be violating this chapter shall be responsible
for reimbursing the Township for the cost of the testing if a violation
is confirmed by the testing.
(b)
The party that brought the complaint shall be responsible for reimbursing
the Township for the cost of the testing if the testing finds no violation
has occurred.
H.
Temporary
noise waivers. A temporary waiver may be granted from strict compliance
with the noise standards specified herein for emergency circumstances,
as determined by the Township Manager, where the waiver is necessary
to protect the health, safety, or general welfare of the community,
or to comply with other lawful rules, regulations, and ordinances.
Such requests shall be submitted, in writing, to the Township Manager,
who shall respond in writing and which writing shall specify the duration
of the waiver being granted.
I.
Penalties.
Any person who violates any provision of the Marlborough Township
Nuisance Ordinance shall, upon conviction in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus the costs of
prosecution. Each such person shall be guilty of a separate offense
for each continuing day for which a violation of any provision of
this chapter is committed, continued, or permitted by such person,
and shall be punishable under the law. All fines collected for the
violation of this chapter shall be paid to the Treasurer of the Township
for the general use of the Township.
J.
Subrogation
rights. Nothing in this chapter is intended to limit the subrogation
rights of any party and the owner occupants. The Township shall maintain
the right to recover costs, referenced in this section, from persons
contributing to the damage.
K.
Abatement
of public nuisances by private action. Any person endangered, disturbed,
interfered with or who sustains property damage by another person
in the Township violating this chapter shall have the right to file
an appropriate action to enforce this chapter against that person
with the District Magistrate.
The provisions of this chapter are not intended to interfere with, abrogate or annul other rules, regulations, or ordinances, including Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated Statutes; and Chapter 275, Zoning, of the Code of the Township of Marlborough. The provision with the more stringent regulation shall apply.
