[HISTORY: Adopted by the Board of Supervisors of the Township of Hamiltonban 7-2-2024 by Ord. No. 2024-01. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meaning as given in this chapter. Words in the present tense include the future. The singular includes the plural. The word "shall" is mandatory; the word "may" is optional; the word "person" means an individual, corporation, partnership, firm, association, company, or any other similar entity.
AGRICULTURAL ZONE
The zone designated for agriculture and agricultural operations as identified in the Hamiltonban Township Zoning Ordinance and the provisions of which are designated to preserve agriculture and farm land.
EXEMPT FARM ORCHARDS
Any parcel of land with fruit trees located thereon that is less than two acres.
FARM
A tract or parcel of land used for the production of agricultural products. The term includes but is not limited to production of fruit, orchards, and activities which are agricultural in nature on land of more than 10 acres.
ORGANIC ORCHARD
Any orchard of fruit trees certified to be "organic".
A. 
It shall be the responsibility of all individuals, operating, farming and controlling fruit tree farms of two acres or more, for the production of fruit to ensure that the fruit trees are properly maintained.
B. 
Disinfection of fruit trees; procedures to be followed.
(1) 
The method for disinfecting fruit trees required to be disinfected under the provision of this ordinance, shall be as prescribed in the official published recommendations of the Pennsylvania State University, Department of Agriculture and the Pennsylvania State Extension Service for the proper prevention, control and eradication of pests and diseases of fruit trees.
(2) 
Wherever specific recommendations for disinfecting fruit trees are not set forth in the official published recommendations of the Pennsylvania State University College of Agriculture or the Pennsylvania State Extension Service, the generally accepted horticultural practices for the prevention, control and eradication of any pests and diseases in the township agricultural zone shall be used.
(3) 
The burdens of proving that the proper procedures as set forth in this section have been followed shall be upon the person who owns and or farms the farm land subject to disinfect fruit trees thereon.
The township or employee of the Township or designated code enforcement officer thereby for the 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, to remove and/or destroy infected fruit trees that remain on the subject property/parcel of land in violation of any of the provisions of this ordinance directing and requiring such owner to remove, destroy or uproot such fruit trees as to conform to the requirements of this chapter within 60 days after issuance of such notice.
Any person, firm or corporation who shall violate any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000 or more than $5,000 and cost of prosecution. Each day that a violation of this chapter continues after notice shall constitute a separate offense.