[Amended 1-18-2006 by Ord. No. 3768]
A. Procedures for handling nuisances. The Director of
Building and Planning, upon receiving a complaint of the existence
within the Township of a nuisance which may affect the public health
or is or may be so offensive to the senses as to interfere with the
comfort or enjoyment of life or when the probable existence of any
such nuisance comes to his attention, shall make an immediate and
thorough investigation; and if such nuisance exists, he shall take
all measures within his power and authority to secure its abatement.
B. Investigation.
(1) The Director of Building and Planning shall make or
cause to be made such surveys, investigations, inspections and visits
as he may deem necessary to ascertain the existence of a nuisance
within the Township or to prevent the occurrence of a nuisance within
the Township by securing compliance with the provisions of this Code.
(2) The Director of Building and Planning shall collect
or cause to be collected and shall analyze or cause to have analyzed
all samples, specimens, materials or substances from any premises
whatsoever wherein or whereon a nuisance is suspected to exist for
the purpose of determining the existence of a nuisance or noncompliance
with this Code.
C. Authority of the Director of Building and Planning.
(1) Whenever any nuisance, source of filth or cause or
probable cause of sickness shall be found by the Director of Building
and Planning to exist on any private or public property within the
Township in violation of this Code, which violation injuriously affects
or may affect the health and/or welfare of the residents of the Township,
the Director of Building and Planning shall order the owner, occupant
or user thereof, by appropriate action, at the expense of such owner,
occupant or user, to correct and remove such nuisance, source of filth
or cause or probable cause of sickness within such reasonable time
as the Director of Building and Planning shall determine. Service
of such order shall be as follows:
(a)
By delivery personally to the owner, occupant
or user, whichever one is the responsible party, or by leaving the
notice at the usual abode of the owner, occupant or user with a person
of suitable age and discretion; or
(b)
By certified or registered mail addressed to
the owner, occupant or user at his last known address with postage
prepaid thereon; or
(c)
By posting and keeping posted for 24 hours a
copy of the notice in placard form in a conspicuous place on the premises
in violation.
(2) Whenever the Director of Building and Planning finds
that an emergency exists which requires immediate action to protect
the public health, he may issue an order, prior to notice herein required,
reciting the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency.
Every person who shall provide a toilet for
the use of employees, patrons or members, or available to the public,
shall maintain such toilet at all times in a clean, well lighted,
ventilated and sanitary condition. An adequate supply of clean toilet
paper shall be provided at all times. The floor of any such toilet
room shall be impervious to moisture and properly drained. No drinking
cup, towel, hairbrush or comb shall be provided for common use in
any such toilet or in a washroom, rest room or locker room adjacent
thereto. The owner of a building or his agent in charge thereof, wherein
two or more tenants shall have common use of a toilet or shower, shall
be responsible for the maintenance and repair of such toilet or shower
and keep it in a clean and sanitary condition.
[Amended 2-21-1990 by Ord. No. 3185]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
BUILDING
A permanent construction consisting of at least three side
walls and a roof.
COMMERCIAL USE
Operation of a business or enterprise which provides a service
or product for sale to the public. For the purposes of this article,
"commercial use" shall include but not be limited to animal hospitals,
veterinarian establishments, pet grooming salons, pet stores, laboratories
and zoological gardens.
CORRAL
An unroofed, enclosed area in which animals are habitually
confined.
COOP
A building commonly used to keep fowl.
SHELTER
A roofed or partially roofed area providing protection from
the elements.
SMALL ANIMAL
A dog or cat or other animal weighing under 100 pounds.
B. General requirements. No person may keep an animal,
fowl or reptile in or on any premises where such keeping is prohibited
by law or ordinance of the Township or is prohibited as a use of property
by the Zoning Commission or is prohibited by a regulation of the Building
Inspector, Fire Marshal or any other governmental authority having
competent jurisdiction.
C. Location of buildings and structures.
(1) No person may erect a building shelter or enclosure
for animals or fowl without securing a permit from the Director of
Building and Planning. No person shall keep and maintain within the
limits of the Township any buildings, shelters or corrals for any
animals or domestic fowl unless said buildings, shelters or corrals
shall be so located on the property as to be at least 100 feet from
any building used for human habitation, at least 100 feet from any
food service establishment and at least 50 feet from any property
line.
[Amended 1-19-2002 by Ord. No. 3631]
(2) Exceptions.
(a)
Said buildings, shelters and corrals shall be
permitted if they are at least 50 feet from any building used for
habitation by the property owner or his family.
(b)
This section shall not apply to a commercial
use if it is limited to the keeping of small animals or fowl and is
not within 100 feet of any food service establishment.
(c)
This section shall not apply to pens, coops
or enclosures wherein not more than two small animals or two fowl
are kept.
(d)
No setback from a building used for habitation
by the property owner or his family shall be required for any barn,
stable or structure designed for keeping animals which was in existence
prior to September 21, 1977.
D. Health and sanitation. Every stable or other building
wherein any animal is kept shall be constructed of such material and
in such manner that it can be clean and sanitary at all times.
[Amended 1-18-2006 by Ord. No. 3768]
(1) Every stable or other building shall be provided with
a flytight receptacle or container for manure, of such dimension as
to contain all accumulations of manure and of a design approved by
the Director of Building and Planning. The receptacle or container
shall be maintained and emptied sufficiently often and in such manner
as to prevent its becoming a nuisance. No manure shall be allowed
to accumulate except in such receptacle or container.
(2) The Director of Building and Planning may require
such other measures as may be necessary to avoid or abate a nuisance,
including screening against files and sewer drain connection. The
building wherein any animal is kept shall be provided with running
water and flooring impervious to water, except where the animal is
bedded. The Director of Building and Planning may require such other
measures be taken as may be necessary to ensure proper protection
of the public health and safety and compliance with this Health Code.
(3) All structures, corrals, pens or yards wherein small
animals or fowl are kept shall be maintained in a clean and sanitary
condition, devoid of all rodents or vermin and free from objectionable
odors. No manure shall be allowed to accumulate nor shall be dumped
on any open area or lot in the township. Neither shall any manure
be used to grade in whole or in part any area in the township unless
said manure be completely covered with at least four inches of soil.
The Director of Building and Planning , upon the complaint of any
person, shall inspect such structure or premises and issue any such
order as may be necessary to carry out the provisions of this Health
Code.
E. Prohibitions.
(1) No persons shall operate or maintain a piggery in
the Township.
(2) No person may keep a poisonous reptile of any kind
in the Township.
[Added 3-16-1977 by Ord. No. 1789; amended 10-19-1988 by Ord. No.
3111; 1-18-2006 by Ord. No. 3768; 5-21-2008 by Ord. No. 3853]
A. No person owning, harboring, keeping or in charge
of any dog or cat shall:
(1) Allow such dog or cat to run at large upon the public
streets of this municipality or upon the property of others; or
(2) Cause or allow a dog or cat to soil, defile or defecate
upon any other person's private property without the permission of
such other person or upon any public property. Where such person shall
immediately remove all feces deposited by the animal and dispose of
the same in a sanitary manner, the nuisance created by defecation
shall be considered abated, and such person shall not be in violation
of this section.
B. Guide dogs accompanying a blind person, dogs used
to assist any other physically handicapped persons or animals used
in any police or fire activities shall be exempt from provisions of
this article.
C. Enforcement.
(1) The provisions of this article shall be enforced by
the Animal Warden, his duly authorized representatives, any officer
of the Township or any affected party.
(2) In undertaking the enforcement of this article, the
Township is assuming only to promote the general welfare. The Township
is not assuming, nor is it imposing on any of its officers or employees,
an obligation for breach of which it is liable in money damages to
any person who claim that any breach proximately caused injury.
(3) A violation of this article shall not be considered
negligence per se.
D. Citizen suits.
(1) Except as provided in Subsection
D(2) below, any citizen may commence a civil action on his own behalf against any person except the Township, commonwealth or United States, or any department or agency thereof, to enforce the provisions of this chapter.
(2) No action may be commenced under this subsection:
(a)
Prior to 30 days after the plaintiff has given
written notice of the alleged violation to the Director of Building
and Planning and to the alleged violator; or
(b)
If the Township has commenced and is diligently
prosecuting a civil or criminal proceeding against the alleged violator
that incorporates the citizen's cause of action.
(3) For the purpose of this subsection, the term "citizen"
means any person or persons having an interest which is or may be
adversely affected.