This chapter shall be known as and may be cited as the "Rapho Township Weed Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Rapho 9-17-1998 by Ord. No. 1998-8. Amendments noted where applicable.]
The Board of Supervisors of Rapho Township finds that the failure to cut and mow grass and weeds creates a nuisance, is harmful to the health and well-being of residents of Rapho Township, and is contrary to the general welfare of the residents of the Township.
The following words, as used in this chapter, shall have the meanings hereby respectively ascribed thereto:
Any natural person, partnership, association, firm or corporation.
Any Canadian or Russian thistle, chicory, burdock, nettle, poison ivy, sumac, goldenrod, wild lettuce, wild mustard, wild parsley, ragweed, milkweed, or any other plant or vegetation whatsoever not customarily planted or maintained for food purposes or for ornamental or agricultural purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person, owning or occupying any premises within Rapho Township, Lancaster County, Pennsylvania, shall permit any grass or weeds to grow or remain on such premises so as to exceed a height of eight inches, or to throw off any unpleasant or noxious odor or to conceal any filthy deposit. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, and comfort of the inhabitants of the Township. In addition, all such grass or weeds on properties located in the Rural, Residential, Mixed Residential, Manufactured/Mobile Home Park Residential, Crossroads Community, Mixed-Use Commercial, Commercial Recreation, Highway Commercial and Industrial Zones shall be mowed a minimum of three time per year; once by Memorial Day, second by July 4 and third by Labor Day. The owner of the premises, in the case of vacant premises or premises occupied by the owner thereof, and the occupant of the premises, in the case of premises occupied by other than the owner thereof, shall comply with the requirements of this section.
Except with respect to noxious weeds, as that term is defined by the Pennsylvania Noxious Weed Control Law,[1] this chapter shall not be applicable with respect to weeds and grass located in the following areas:
A.
On lands with the Agriculture Zoning District as defined in Chapter 350, Zoning, of the Code of the Township of Rapho, last approved and as amended, except for tracts of land primarily occupied by commercial or industrial uses and tracts of land of two acres or less occupied by residential uses.
B.
Wetlands in developed and undeveloped areas.
C.
Public rights-of-way and easements.
D.
Public parks.
E.
Public utilities property approved by Township permit.
F.
Other government owned lands.
[1]
Editor's Note: See now 3 Pa.C.S.A. § 1501 et seq.
The Township Zoning Officer, upon direction of the Board of Supervisors, shall give written notice, by personal service or by United States first-class mail, to the owner or occupant of any property whereon grass or weeds are growing or remaining in violation of the provisions of this chapter, directing and requiring such owner or occupant, as the case may be, to cut or remove all such grass or weeds, so as to conform to the requirements of this chapter, within seven days after the date of such notice. In case any person shall neglect, fail, or refuse to comply with such notice within the period of time stated therein, the Board of Supervisors may cause such grass or weeds to be removed or cut, and the cost thereof, together with any penalty authorized by law, may be collected from such person, in the manner provided by law. The cost of removal, fine and penalties hereinabove mentioned may be entered by the Township as a lien against such property in accordance with existing provision of law for the enforcement and collection of municipal claims.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys’ fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Any ordinance or parts of any ordinance inconsistent with the provisions of this chapter are hereby repealed insofar as the same affects this chapter. If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter.
This chapter shall become effective five days after adoption.