[HISTORY: Adopted by the Board of Supervisors of the Township of Weisenberg 4-3-1986 by Ord. No. 86-2. Amendments noted where applicable.]
This chapter shall be known as the "Weed Control Ordinance of the Township of Weisenberg."
In the interest of health, safety and welfare of the inhabitants of Weisenberg Township, no person, firm or corporation, owning, occupying, leasing or having a present interest in any real estate within the Township of Weisenberg shall permit any grass or weeds or any vegetation whatsoever which is not edible, planted for some useful or ornamental purpose or planted for agricultural purpose to grow or remain upon such premises as to exceed a height of 12 inches, or to throw off any unpleasant or noxious odor, or to conceal any filthy deposit, or which would create or produce pollen. Any grass, weeds or other vegetation so described growing upon any premises in Weisenberg Township in violation of any of the provisions of this section is hereby declared to be a public nuisance and detrimental to the health, safety, cleanliness and comfort of Weisenberg Township.
The owner of any premises, or the occupant of premises occupied by other than the owner, shall remove and trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 201-2 above no later than June 1 and August 15 of each and every year hereafter.
A. 
The Supervisors of Weisenberg Township, or any officer or employee of Weisenberg Township designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation as described aforementioned is growing or remaining in violation of the provisions of § 201-2 of this chapter, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter within 15 days after issuance of such notice.
B. 
Whenever, in the judgment of Weisenberg Township, it shall appear to be impractical to give notice as above provided, either because the owner or occupant cannot readily be found or because a search of the owner or occupant would entail unreasonable delay, the Supervisors of Weisenberg Township or any other office or employee of Weisenberg Township designated hereby for that purpose shall give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within 15 days.
C. 
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated herein, the Supervisors of Weisenberg Township may order the removal, trimming or cutting of such grass, weeds or other vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by Weisenberg Township from such person, firm or corporation, in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Due to the unusual topography and structure of certain lands in Weisenberg Township, the owners or occupants of those premises which are located in the Environmental Protection Districts, as that term is defined by Article X of Chapter 500, Zoning, of the Township of Weisenberg Code, as amended, and as delineated on the Official Zoning Map, shall be exempted from having to comply with the provisions of this chapter.
[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 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section or other 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. It is hereby declared as the intent of the Supervisors of Weisenberg Township that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof had not been included herein.
This chapter shall become effective 30 days from the date of its adoption.