[Ord. No. 04-2022-649, 4/14/2022]
This Part 8 shall be commonly known as the "Disruptive Conduct
Ordinance."
[Ord. No. 04-2022-649, 4/14/2022]
Disruptive conduct can be a serious threat to the comfort, convenience,
health, safety, welfare, and overall quality of life of the citizens
of Salisbury Township. It is the intent of this Part 8 to set forth
requirements and criteria in order to establish the rights and obligations
of owners and occupants of rental properties, to maintain and improve
the quality of rental housing within the community, and to preserve,
protect, and promote health, safety, welfare and the peace, quiet
and comfort of the citizens of Salisbury Township.
[Ord. No. 04-2022-649, 4/14/2022]
The following words, terms and phrases when used in this Part 8 shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
Engaging in actions with reckless disregard that otherwise
disturbs others in the peaceful enjoyment of their premises, causing
an annoyance, damage, or public inconvenience, fighting, threatening,
tumultuous or violent behavior, making harassing or menacing gestures
or language, or creating a physically offensive condition or hazard
for no legitimate reason.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police, who actually investigate
an alleged incident of disruptive conduct. The Community Development
Director shall be responsible to maintain a record of reports.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
A person on the premises with the actual or implied consent
of an occupant.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit. (Same as "owner.")
An adult individual designated by the owner of a residential
rental unit.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a lease or by the laws of the
Commonwealth of Pennsylvania. (Same as "tenant.")
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit. (Same as "landlord.")
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency, or instrumentality
of a state or any political subdivision of a state. "Person" shall
include the owner or operator, tenant, guest or manager of real property
from which the disruptive conduct emanates.
Any parcel of real property in the Township of Salisbury,
including the land and all buildings and appurtenant structures or
appurtenant elements on which one or more rental units are located.
A certificate of operation issued by the Township that must
be obtained prior to a rental property being operable and occupied.
Any structure within the Township of Salisbury which is occupied
by someone other than the owner of the real estate as determined by
the most current deed and for which the owner of the said parcel or
real estate received any value, including but not limited to money,
or the exchange of services. Each apartment within a structure is
a separate unit requiring inspection and certification.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a lease or by the laws of the
Commonwealth of Pennsylvania. (Same as "occupant.")
[Ord. No. 04-2022-649, 4/14/2022]
1.
A complaint of disruptive conduct may be made against any occupant,
tenant, guest, owner, or manager of a residential rental unit.
2.
No disruptive conduct shall be deemed to have occurred unless a police
officer shall investigate and make a determination that such did occur,
and keep written records, including a disruptive conduct report, of
such occurrences. A copy of the disruptive conduct report shall be
given or mailed to the occupant and mailed to the owner, operator,
responsible agent or manager within 30 days of the occurrence.
3.
Any instance resulting in a disruptive conduct report shall count
against all occupants of the residential unit. More than one disruptive
conduct report filed against the occupants of a residential rental
unit in a twenty-four-hour period shall count as a single disruptive
conduct report.
4.
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner
or manager shall have 10 working days from the date of receiving the
notice to begin eviction proceedings against the disruptive occupant(s).
This paragraph is not intended to inhibit the owner's or manager's
right to initiate eviction actions prior to the third disruptive conduct
incident.
5.
Failure to take such action will result in a citation and the immediate
revocation of the rental property registration certificate.
6.
The disruptive occupants, upon conviction, shall not reoccupy any
residential rental unit on the same premises involved for a period
of at least one year from date of eviction.
7.
The Department of Community Development shall maintain a list of
the names of all occupants evicted as a result of the preceding paragraph.
The information filed in said report shall include, if possible, the
identity of the alleged perpetrator(s) of the disruptive conduct and
all other obtainable information, including the factual basis for
the disruptive conduct described. The names shall remain on the list
for a period of five years.
[Ord. No. 04-2022-649, 4/14/2022]
2.
Citations. Any person, firm or corporation who shall fail, neglect
or refuse to comply with any of the terms or provisions of this Part
8, or of any regulation or requirement pursuant hereto, shall, upon
conviction, be ordered to pay a fine of not less than $100 and not
more than $1,000 for each offense.
3.
Restitution. The Magisterial District Judge may order the violator
to reimburse the Township's costs of collection/citation proceedings
and to pay the Township reasonable attorneys' fees associated
with the prosecution of the same.
[Ord. No. 04-2022-649, 4/14/2022]
If any sentence, clause, section, term, phrase or part of this Part 8 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, terms, provisions, or parts of this Part 8. It is hereby declared the intent of the Board of Commissioners of Salisbury Township that this Part 8 would have been adopted had such an unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
[Ord. No. 04-2022-649, 4/14/2022]
This Part 8 shall become effective immediately upon adoption
by the Board of Commissioners.
