[HISTORY: Adopted by the Board of Supervisors of the Township of
Kidder 12-17-1991 by Ord. No. 87. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any river, stream, creek, waterway, lake, pond or the like, whether
of natural origin or man-made.
Any substance used for the purpose of killing, destroying or removing
trees, shrubs, grass, weeds, flowers, foliage or similar type growths.
Any natural person, municipality, corporation, organization of persons,
company, association, partnership, entity, corporate or otherwise.
Any road within the Township of Kidder open to use by the public.
No person shall apply, spray or utilize chemicals in any manner within
the boundaries of the Township of Kidder for the purpose of creating or maintaining
a right-of-way, private road, path, clearing of brush or weeds, vegetation
or the like.
This chapter is adopted for the following purposes:
This chapter hereby specifically incorporates that Act known as the
“Protection of Agricultural Operations from Nuisance Suits and Ordinances
Act,” 3 P.S. § 951 et seq.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
The Township specifically maintains the right to stop, impede, obstruct
and take all appropriate actions against the person in violation of the within
chapter and engaging in conduct prohibited hereunder by means of enjoining
such conduct through appropriate action filed in the Court of Common Pleas
and it specifically reserves and maintains all such other remedies at law
or equity as may be available to the Township under appropriate statutory
or regulatory authority.
