[Ord. 2002-2, 11/5/2002]
1. 
For the purpose of this ordinance, the following terms, phrases, words, or their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number and the word "shall" is always mandatory and not merely directory.
2. 
As used in this ordinance, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.
BOROUGH
The Borough of Jonestown, Lebanon County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Jonestown, Lebanon County, Pennsylvania.
BREEDING AREA
Any condition which provides the necessary environment for the birth or hatching of vectors.
COLLECTION OF WATER
Contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, tires, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.
DILAPIDATED
Fallen into partial ruin or decay.
DISPOSAL
The storage, collection, disposal or handling of refuse.
EXTERMINATION
The control and elimination of vectors by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging, larviciding, trapping or by any other recognized and legal vector control elimination methods approved by the local or state authority having such administrative authority.
GARBAGE
All animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods.
HARBORAGE
Any place where vectors can live, nest or seek shelter.
OCCUPANT
Any person over one year of age, living, sleeping, cooking or eating in, or actually having possession of, a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.
OWNER
Any person who alone or jointly or severally with others:
A. 
Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
B. 
Shall have charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner or as executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Part and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
REFUSE
All solid wastes, except body wastes, and shall include garbage, ashes and rubbish.
RUBBISH
Glass, metal, paper, plant growth, wood or nonputrescible solid waste.
VECTOR
A rodent or insect capable of transmitting a disease or infection. Vectors shall include, but not be limited to, rats, mosquitoes, cockroaches, flies, ticks, etc.
VECTORPROOFING
A form of construction to prevent the ingress or egress of vectors to or from a given space or building or gaining access to food, water or harborage. This term shall include, but not be limited to, ratproofing, flyproofing, mosquitoproofing, etc.
[Ord. 2002-2, 11/5/2002]
1. 
It shall be unlawful:
A. 
For any person, firm or corporation to deposit any refuse, offal, dead animals, decaying matter, or organic substance of any kind in or upon any private lot, building, structure, accessory structure, premises or in or upon any street, avenue, alley, parkway, ravine, ditch, gutter or into any of the waters of the commonwealth so that the same shall or may afford food, harborage or breeding areas for rats, flies or other vectors and thereby create a public health threat.
B. 
For any person, firm or corporation to deposit or permit to accumulate in or upon any premises, improved or vacant, or on any open lot or alley, any lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster, or rubbish of any kind unless the same may be kept in approved covered receptacles or placed on open racks that are elevated not less than 18 inches above the ground and evenly piled or stacked, or disposed of as may be approved by the Department of Environmental Protection.
C. 
To maintain a junkyard or place for the dumping or wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of dilapidated, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places may afford harborage or breeding areas for rats or other vectors and thereby create a public health threat.
D. 
To store refuse in containers other than plastic bags and containers which shall be made of durable, watertight, rust-resistant material having a tight-fitting lid which must be kept on the container when in use. These containers must be kept clean by thorough rinsing and draining as often as necessary so as not to provide food or breeding areas for flies and other insects.
E. 
To dump, burn, bury, destroy or otherwise dispose of refuse except at an approved refuse disposal site.
F. 
To collect, haul, transport or convey garbage in open, unenclosed, nonleakproof vehicles.
G. 
To construct, maintain or use a sewage system, privy, urinal, cesspool or other receptacle for human excrement, so that vectors may have access to the excrementitious matter contained therein.
H. 
To permit weeds or similar vegetation more than six inches high to remain standing in any vacant lot, yard or other place except as may be approved by the Borough Council.
I. 
To have, keep, maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as effectually to prevent such breeding.
[Ord. 2002-2, 11/5/2002]
1. 
Owners and occupants shall have the following responsibilities:
A. 
Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
B. 
Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.
C. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vectors on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonable insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
[Ord. 2002-2, 11/5/2002]
1. 
Whenever a condition constituting a violation of this ordinance occurs, the Borough Council shall cause written notice to be served upon the owner(s) and/or occupant(s) as determined to be responsible pursuant to § 403 in one of the following manners:
A. 
By making personal delivery of the notice to the owner or occupant; or
B. 
By handing a copy of the notice at the residence of the owner or occupant to an adult member of the family with which the owner or occupant resides, but if no adult member of the family is found, then to an adult person in charge of such residence; or
C. 
By affixing a copy of the notice to the door at the entrance of the premises in violation; or
D. 
By mailing a copy of the notice to the last known address of the owner or occupant by certified mail; or
E. 
By publishing a notice in a local newspaper of general circulation within Lebanon County, Pennsylvania, once a week for three successive weeks.
2. 
Such notice shall set forth in detail the condition that constitutes a violation of this ordinance and the corrective actions necessary to be in compliance with the ordinance.
3. 
Such notice shall require the owner to commence action in accordance with the terms of the notice within 20 days of receipt of the notice and thereafter to comply fully with its terms within 30 days, with all materials to be supplied and work to be done at the owner's expense; provided, however, if any provision of this ordinance is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms of the notice.
4. 
The terms of the notice under this section may require the owner or occupant to devise a plan for vector control or vectorproofing. If such a plan is required by the notice, the plan shall be submitted to the Borough Council for its approval. The plan shall state the type of vectors to be controlled, the name of the company contracted to carry out the program, any and all work to be conducted in an effort to control the vectors, and a time frame for vector control or vectorproofing. If, after review of the plan by the Borough Council, it is found to be adequate, the owner shall enter into an agreement with the Borough Council to implement and complete the plan. If, after such an agreement has been executed, the owner does not comply with the agreed upon plan, the owner shall be subject to the penalties set forth in § 407.
[Ord. 2002-2, 11/5/2002]
1. 
To enforce this ordinance, the Borough Council, by and through a designated officer or employee, is empowered to make inspections of the interior and exterior of all dwellings, buildings, structures and accessory structures, premises, collections of water, or any other places to determine full compliance with this ordinance, and to determine evidence of vector infestation and the need for vectorproofing or additions or repairs to existing vectorproofing.
2. 
The designated officer or employee, if appointed by the Borough Council, shall be appointed through a resolution of the Borough Council.
[Ord. 2002-2, 11/5/2002]
The Borough Council of this Borough, by resolution duly adopted, may establish rules and regulations to carry out the provisions of this Part. Such rules and regulations shall become effective upon adoption of the resolution, unless another effective date is specified in the resolution.
[Ord. 2002-2, 11/5/2002]
1. 
The Borough Council determines this ordinance to be a building, housing, property maintenance, health and public safety ordinance.
A. 
A violation of or failure to comply with any provision of this ordinance shall constitute a summary offense, and prosecution shall be according to the practice in the case of summary convictions. The Borough Solicitor may assume charge of the prosecution as provided for by the Pennsylvania Rules of Criminal Procedure for the trial in summary cases. The Borough Council hereby sets the fine or penalty in the amount of not less than $100 and not to exceed $1,000 per violation, and the costs of prosecution, and in default of payment of such fine and costs of prosecution, including fees of the Borough Solicitor, and/or undergo imprisonment of not more than 30 days; provided, further, that each day's continuance of a violation shall constitute a separate violation of the ordinance.
B. 
The Borough Council may direct the removal, repair, or alterations to any property constituting a vector control violation by the owner or occupier of the premises, and in default of which the Borough Council may cause the same to be done, and collect the cost thereof, together with a penalty of 10% of such cost, and attorney's fees of 5% of the claim, and may pursue collection in the manner of municipal claims, or by an action of assumpsit, or by an action in equity, to compel the owner or occupier of the premises to comply with the terms of any notice of violation, or seek any such relief as a court of competent jurisdiction is empowered to afford.
[Ord. 2002-2, 11/5/2002]
If any sentence, clause, section or part of this ordinance 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 ordinance. It is hereby declared as the intent of the Jonestown Borough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.
[Ord. 2002-2, 11/5/2002]
This ordinance does not repeal or amend any prior enacted ordinances to the extent of limiting the enforcement of such ordinances.
[Ord. 2002-2, 11/5/2002]
This ordinance shall become effective immediately upon its adoption.