[HISTORY: Adopted by the Board of Supervisors of the Township of Clinton 4-12-2021 by Ord. No. 2021-02. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
BUILDING
A roofed, covered, or open structure, enclosed by one or more walls for the shelter, housing, storage or enclosure of persons, goods, materials, documents, vehicles, implements, equipment or animals.
COURT
An open and unoccupied space, on a lot, that is enclosed on at least three sides by the walls of a building or contained within a fenced structure.
ENFORCEMENT OFFICER
The official, or any duly authorized representative of Clinton Township, who is charged by the Supervisors with the administration, authority, oversight and enforcement of this article. This person can be a Supervisor, employee of the Township, or an outside agency or individual under contract with the Township.
EXTENDED PERIODS
Long periods of time that a condition occurs with minimal or no breaks in the noted condition.
FARM OR AGRICULTURAL ACTIVITY
A. 
Any activity directly related to the production or processing of crops, dairy products, poultry, or livestock for initial commercial sale or as a principal means of personal subsistence.
B. 
The activities, practices, equipment and procedures that farmers adopt, use or engage in the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities and is:
(1) 
Not less than 10 contiguous acres in area; or
(2) 
Less than 10 contiguous acres in area but has an anticipated yearly gross income of at least $10,000.
C. 
The term includes new activities, practices, equipment and procedures consistent with technological development within the agricultural industry. Use of equipment shall include machinery designed and used for agricultural operations, including, but not limited to, crop dryers, feed grinders, saw mills, hammer mills, refrigeration equipment, bins and related equipment used to store or prepare crops for marketing and those items of agricultural equipment and machinery defined by the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm Safety and Occupational Health Act."[1] Custom work shall be considered a normal farming practice.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food as well as in the handling and management of deceased animals.
INFESTATION
The presence of an extraordinary number of (as deemed by observation and reasonableness) insects, rodents, vermin and/or other pests.
LESSEE
Owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
LOT
Plot, tracts, premises or parcels of land with or without buildings, courts or improvements thereto.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets, highways and off-road trails. This includes trailers or semi-trailers pulled thereby as well as motorcycles and ATVs.
NUISANCE
Any condition, activity, structure or improvement which shall constitute a danger, either real or perceived, to the health, safety or welfare of the citizens of the Township, or have a detrimental impact on the value of surrounding properties.
OWNER
Any person or persons, jointly or severally, firm, corporation or other entity which, either by conveyance of inheritance or otherwise, is vested with the title to a lot and/or improvements thereto or who retains the exclusive control of such a lot and/or improvements thereto in his capacity as a legal representative, such as an administrator, trustee, executor, etc.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure which remains unoccupied for a period of more than six months with either doors, windows or other openings broken, removed, boarded or sealed up or any building under construction upon which little or no construction work has been performed for a period of more than six months.
VEHICLE SALVAGE
A vehicle damaged beyond its repair value or when a vehicle is written off as a total loss by the insurer, whether by damage or theft. This also includes vehicles not capable of being operated or driven on their own.
YARD
Any open space on the same lot with or without a building and, for the most part, being unobstructed from the ground up.
[1]
Editor's Note: See 3 P.S. § 1901 et seq.
A. 
It shall be unlawful for any person, owner or lessee to maintain a motor vehicle or motor vehicles upon the property of such person, owner or lessee within the Township that is (are) unable to move under its own power and has defects that pose a health, safety, or environmental risk to person, property, groundwater, or waters of the commonwealth. Such defects shall include but not be limited to missing body parts, protruding sharp metal edges, unsecured doors, hoods, and trunk lid, and open tires.
B. 
Exceptions may be granted for the sale of motor vehicles in the above-described condition, and in such cases where personal injury may occur during display and inspection of said vehicles, the Township shall not be held liable nor responsible nor in noncompliance with enforcement of this article. However, the sale of said motor vehicles in the above-described condition must take place over a finite period to effect a business transaction and not for an indefinite length of time to circumvent this section of this article.
A. 
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 88-2, above, may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building. Vehicles may be placed under temporary cover until such time that they can be placed in an enclosed structure.
B. 
With the special approval of the Board of Supervisors, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link or opaque fence, at a minimum height of six feet, screened by shrubbery surrounding the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. Such person, owner or lessee must first apply for a permit for either temporary or permanent outdoor storage and must pay a fee to the Township pursuant to a resolution of the Board of Supervisors. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle, and it shall be kept free of animal and/or vermin infestation while being stored.
C. 
Nothing herein shall be construed to permit the unauthorized storage of motor vehicle nuisances contrary to the provisions of this article, if any.
A. 
No owner of any building or structure shall fail to take steps and perform such maintenance thereto as may be required from time to time to ensure the property is safe, sound, sanitary and secure and does not present a health and/or safety hazard or a detrimental financial impact to surrounding properties and to the general populace.
B. 
Owners of any and all unoccupied buildings and/or structures which, through neglect, have deteriorated to the point of being classified as unoccupied hazards and, therefore, constitute a severe health and/or safety hazard, or financial burden to adjacent property owners, shall, upon direction of the Township, enforcement officer, or authorized agent of the Township, remove or cause the removal of the building and/or structure.
C. 
An occupied or unoccupied structure damaged by fire, weather, flooding or other natural event, disaster or act of God shall be secured by the property owner or occupier within 48 hours of said event or when said property is released from police or fire custody.
No property owner, lessor or tenant shall permit or cause:
A. 
Fences and/or minor structures to be constructed and maintained so as to present a safety or health hazard or financial burden to other persons and/or property;
B. 
The development or accumulation of refuse, vehicle salvage, garbage, hazards, kitchen waste compost, rodent harborage and/or infestation upon yards, courts, or lots;
C. 
Garbage and refuse materials to accumulate and to be blown about the surrounding neighboring properties;
D. 
Wells, cesspools, pits, deep mines and/or cisterns to remain open without adequate fencing or barricades to prevent access thereto by the general public;
E. 
The accumulation of uncut grass and weeds, rising above the height of two feet, heavy undergrowth and/or vegetation which would impair the health and/or safety of the neighborhood;
F. 
The growth of trees, plants or shrubbery or any portion thereof on the subject property that constitute a safety hazard to pedestrian and/or vehicular traffic.
Exception: Nothing contained herein, however, shall require the cutting of grass, weeds or other vegetation growing in areas which customarily and historically have contained brush and dense foliage, or which remain undeveloped and are not proximate or contiguous to developed areas; nor shall any such grass, weeds or other vegetation be required to be cut or maintained where such cutting or maintaining would impose a hardship on the property owner because of the presence of extreme slope grades, crevasses, or the existence of areas which are unable to be reasonably cleared.
A. 
Courts, lots, yards, grounds, buildings, structures and motor vehicles shall be maintained free of insect, vermin and rodent harborage and infestation.
B. 
Adequate facilities and methods shall be used for the collection, storage, handling and disposal of kitchen waste compost, garbage and refuse, excluding those normally resulting from agricultural practices.
C. 
Where there exists rodent and vermin infestation, corrective measures shall be undertaken by the property owner and/or occupant to alleviate the existing problem(s). This action may in include screening, extermination and/or garbage and refuse control and/or collection. Methods employed for extermination shall comply with generally accepted practices within that industry.
A. 
The creation, within the Township, of any unnecessary or excessive noise or any noise of such character, intensity or duration as to be detrimental to the health or life of any individual or in the disturbance of the public peace and welfare or the aiding and abetting in the creation of any such noise or permitting any such noise to continue is hereby prohibited.
B. 
Noise standards have been established by the Township to regulate noises being emitted from compressor stations, industrial and commercial facilities, and manufacturing facilities. These standards, to be measured at the nearest property line to the source and by a properly calibrated commercial-type instrument by a person experienced in conducting such measurements, are as follows:
Zoned District
7:00 a.m. to 7:00 p.m.
7:00 p.m. to 7:00 a.m.
Maximum 7:00 a.m. to 7:00 p.m.*
Rural Residential
55 dBA
50 dBA
65 dBA
Agricultural Conservation
55 dBA
50 dBA
65 dBA
Conservation
55 dBA
50 dBA
65 dBA
Limited Business
60 dBA
55 dBA
70 dBA
Industrial
60 dBA
55 dBA
70 dBA
Corridor Preservation
60 dBA
55 dBA
70 dBA
Notes:
*
Noise level limits may be increased to this level for periods not to exceed 15 minutes in any one-hour period during the daytime (7:00 a.m. to 7:00 p.m.). The allowable noise level limit for "periodic, impulsive, or shrill noises" is reduced by 5 dBA from the above levels. The limits above are not weighted averages, although it is acknowledged that levels may increase to the maximum limit for periods not to exceed 15 minutes in any one-hour period during the daytime hours.
C. 
Enumeration of unnecessary or excessive noises, "Prohibited noise," within the meaning of this article, is hereby defined to include, but not be limited to, the following:
(1) 
For any person at any time to use a horn or other warning device other than as a reasonable warning or within the context of a celebration, or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
(2) 
The playing of any television, radio, phonograph or any musical instrument or other sound-producing device in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any courts, lots, yards, grounds, buildings, structures or in the vicinity thereof.
(3) 
Yelling or shouting so as to annoy or disturb the quiet, comfort or repose of any persons in any courts, lots, yards, grounds, buildings, structures or in the vicinity thereof.
(4) 
Permitting any animal, bird or fowl in one's possession or under one's control to make any frequent noise of such character or intensity and for an extended period as to disturb the comfort or repose of any person.
(5) 
The blowing of any whistle, except as given notice of the time to begin or stop work or as a warning of fire or danger, of such character or intensity as to disturb the comfort or repose of any person.
(6) 
The erection (including excavation), demolition, alteration or repair of any building and the excavation of streets or highways other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, except in the case of urgent necessity in the interests of public health and safety and then only with a permit from the Township with the appropriate fee paid in accordance with the prevailing Township fee schedule, which permit may be granted for a period not to exceed 30 days while the emergency continues. If the Township should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 10:00 p.m. and 7:00 a.m., and if it shall further determine that loss or inconvenience would result to any party in interest, it may grant permission for such work to be done between the hours of 10:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
(7) 
The creation of any excessive noise adjacent to any business, religious or public facility (school or municipal building), while the same are in session, which unreasonably interferes with the working thereof and the making of any other noise so as to annoy the users and/or occupants of such places or buildings.
D. 
Exemptions. Noise emitted from the following sources shall be exempt from the noise standards specified herein but must meet the conditions of operation or legitimacy as follows:
(1) 
All safety signals and warning devices (e.g., intrusion alarms, backup alarms on trucks); authorized vehicles when responding to emergencies (e.g., police, fire, ambulance sirens or any other device used to alert persons to an emergency or used during the conduct of emergency work).
(2) 
The provision, repair and maintenance of municipal services or public utilities.
(3) 
Bells, chimes and carillons used for religious purposes or in conjunction with national celebrations or public holidays.
(4) 
Heavy construction equipment when being used between the hours of 7:00 a.m. and 10:00 p.m. and on a specific short-term project (such as, but not limited to, constructing a building, constructing, repairing or cleaning a road, drilling a well, gas exploration and other similar short-term, specific construction, demolition or repair projects) for the duration of such short-term, specific project, provided such heavy construction equipment is operated within the manufacturer's specifications and with all standard noise-reducing equipment in an unmodified and proper operating condition.
(5) 
All farm-related operations and activities.
(6) 
Any existing legitimate or licensed business, commercial or industrial operation, provided any appliances, equipment, machinery or devices used in such operation are operated within the manufacturer's and federal, state and local regulatory specifications with all standard noise-reducing equipment in use, unmodified and in proper operating condition, during the hours of 7:00 a.m. to 10:00 p.m. In circumstances where these business operations normally occur throughout a twenty-four-hour period, these same rules and regulations apply.
(7) 
Public celebrations:
(a) 
In celebration of the Fourth of July, legal fireworks will be allowed on the actual day or on the Township's designated day of celebration until 11:00 p.m.
(b) 
In celebration of the New Year, legal fireworks will be allowed on the actual New Year's Eve until 12:30 a.m. of New Year's Day.
(8) 
Activities permitted by special waiver, as provided herein, according to the terms and conditions of said waiver.
E. 
Special waiver.
(1) 
The Township may grant a special waiver of the strict application of this noise section during emergency circumstances or during natural gas exploration and operations to allow reasonable time for the repair or replacement of equipment whose operation exceeds the noise standards of this section.
(2) 
The Township may also grant a special waiver of the strict application of this noise section for a special, limited-time-period event that occurs once or twice a year and benefits the entire community.
(3) 
Such special waiver shall be obtained by application to the Township and a written explanation of the nature of the emergency or other reason that a waiver is necessary and the expected length of time needed to come into compliance. The waiver shall require the approval of a majority of the Supervisors.
(4) 
In the event a waiver is denied, the applicant may appeal such denial to the Court of Common Pleas of Butler County, Pennsylvania.
A. 
No property owner shall permit:
(1) 
Roof, surface and/or sanitary sewage drainage to create a safety and/or health hazard to persons and/or property by reason of inadequate and/or improper disposal, construction or maintenance or manner of discharge;
(2) 
Roof gutters, drains or any other system designed and constructed to transport stormwater to be discharged into any sanitary sewage systems and/or any part thereof;
(3) 
Any refrigerator, freezer and/or other similar storage chest to be discarded, abandoned or stored in any place or location which is accessible to the general public without first completely removing any and all locking devices and/or doors;
B. 
The burning of plastics, rubber products, by-products of manufacturing and processing operations, toxic construction debris and wastes from commercial operations, including but not limited to plastic, rubber, asbestos, composition board, felt paper, canvas, fiberglass, vinyl, human waste, animal waste, sanitary napkins, diapers, and oil filters without a permit issued by the Pennsylvania Department of Environmental Protection.
A. 
Noncompliance with the provisions of this article constitutes a nuisance, and the Township or its designated enforcement officer shall issue a written notice of the nuisance to be served by registered or certified mail upon the owner and occupants of said premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the nature of the violation or nuisance complained of and shall require the owner to commence to remove or otherwise rectify the nuisance set forth therein within 10 days of mailing or posting of said notice and thereafter to fully comply with the requirements of the notice within a reasonable time.
If the owner/occupant does not comply with the notice to abate the nuisance within the time limit prescribed, the Township of Clinton shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, in such event and pursuant to its statutory or otherwise authorized powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing nuisance mitigation efforts.
A. 
Any person aggrieved by the determination of the Township or its designated enforcement officer may request and shall then be granted a hearing before the Board of Supervisors of the Township, provided he/she files with the Township, within 10 days after the mailing date of the notice to comply, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause or by agreement of the parties.
B. 
After such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the enforcement officer.
An occupant of any premises shall be responsible for compliance with the provisions of this article with respect to the maintenance of that part of the premises which he occupies and/or controls in a safe, sound and/or sanitary condition pursuant to the terms of the contract/agreement under which he exercises occupancy and/or control thereof.
A. 
Owners of premises shall comply with the provisions of this article, as well as operators and occupants, regardless of any agreement between owners and operators as to which party shall assume such responsibility.
B. 
In instances where an occupant is responsible or shares responsibility with an owner, for the existence of one or more violations of this article, said occupant shall be deemed responsible and treated as if an owner within the true intent and meaning of this article.
The Township, its enforcement officer, or its designated agent, in addition to any other power set forth herein, is/are hereby empowered as follows with the appropriate warrant obtained by the County District Attorney:
A. 
To cause entry onto premises and/or property for the purpose of taking remedial measures to secure the safety of the public or otherwise abate an imminent health and safety hazard. No entry shall be permitted unless the enforcement officer sends written notice to the owner of record and has obtained the proper warrant from the County District Attorney, except in the case of emergency, in which case the enforcement officer may take appropriate action without notice after notifying the Pennsylvania State Police and County District Attorney. Every effort shall be made to contact the owner and enter onto the premises in the presence of the owner.
B. 
Upon probable cause, to cause entry onto premises and/or property located within the Township with the appropriate warrant from the County District Attorney for the purpose of ascertaining the existence of violations in accordance with the provisions of this article. Where no imminent health and safety hazard or emergency exists as anticipated by Subsection A, above, the enforcement officer shall utilize good faith efforts to make prior arrangements with the owner or his agent to secure access to the premises and/or property with the appropriate warrant from the County District Attorney.
Any person who shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine up to $500 plus legal costs of prosecution and attorney fees and costs, subject to revision by the Board of Supervisors from time to time. Each day that a violation of this article continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively at the sole option of the Township.
The provisions of this article shall supplement local laws, ordinances or regulations existing in Clinton Township or those of the Commonwealth of Pennsylvania. Where a provision of this article is found to be in conflict with any provision of a local law, ordinance, code or regulation of those of the Commonwealth of Pennsylvania, the provision which is more restrictive or which establishes the higher standard shall prevail.
A. 
No person, firm or corporation shall drive or move a motorized vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load, contents, dirt, debris, material, litter or any part thereof from being blown or falling or deposited upon any street or road in the Township.
B. 
No person, firm or corporation shall drive or move any motorized vehicle within the Township, the wheels of which carry onto or deposit on any street or road in the Township excessive amounts of mud, debris, dirt, sticky substances, loose gravel, litter or foreign matter of any kind.
C. 
All property owners in the Township shall maintain their property in such a manner that no dirt, mud, stones, trees or tree limbs, ice, snow or other material shall wash or be deposited onto any street or road in the Township as the result of rainfall, drainage or conditions created by the property owner.
D. 
If, in the course of excavation, building, construction or development of any property, any mud, dirt or any other foreign substance is unavoidably carried onto any street or road in the Township, it shall be the duty of the contractor having supervision over the job to remove the mud, dirt or foreign substance at the end or conclusion of each workday so as to render the street or road clean and safe for the passage of normal vehicular traffic. In the event said contractor does not remove the mud, dirt or foreign substance at the end or conclusion of the workday, then it shall be the duty of the property owner to remove the debris and within the same within four hours after the end of the workday.
Exception: Nothing contained herein, however, shall unduly restrict or prevent the farming or agricultural operation of property designated in an agriculture area within the Township; however, in the event that owners or lessees of said designated areas create a condition detrimental to the health, safety and welfare of citizens of the Township by depositing mud, dirt, or any other foreign substance onto the streets and roads in the Township, then nothing shall prevent the Township from enforcing this article, as well as the laws defined within 53 P.S. § 67326.
E. 
No person, people, firm, corporation, or entity shall discharge firearms, shoot bows and arrows, operate all-terrain vehicles, two-wheel motorized bikes such as dirt bikes, or other recreational vehicles on property owned by Clinton Township, including Spring Valley Park.
A. 
Noncompliance with the provisions of this article constitutes a violation hereof, and the Township or its designated enforcement officer shall issue a written notice of said violation to be served by personal service or by registered or certified mail upon the owner, lessee or contractor of said property or premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending property or premises.
B. 
Said notice shall specify the nature of the violation and shall require the person, people, firm, corporation, entity, owner, lessee or contractor to commence to remove or otherwise rectify the source or basis of the violation set forth therein within 24 hours of mailing, posting or delivering said notice and thereafter to fully comply with the requirements of this article within a reasonable time.
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a summary offense and upon conviction thereof shall be fined an amount up to $500. Each day a violation is committed or is permitted to continue shall constitute a separate offense and shall be punishable as same.