Township of Lower Saucon, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower Saucon 10-18-1978 by Ord. No. 78-5. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 53.
Brush, grass and weeds — See Ch. 59.
Firearms, bows, crossbows and atlatls — See Ch. 82.
Hazardous materials — See Ch. 97.
Junkyards and junk dealers — See Ch. 103.
Parks and recreation — See Ch. 118.
Peddling and soliciting — See Ch. 125.
Sewers — See Ch. 130.
Solid waste — See Ch. 135.
Streets and sidewalks — See Ch. 140.
Vector control — See Ch. 166.
Zoning — See Ch. 180.
This chapter shall be known and may be cited as the "Health and Nuisance Ordinance of the Township of Lower Saucon."
This chapter is adopted for the purposes of promoting public health, life, safety, morals, welfare, peace, decency, dignity, reasonable and comfortable use of property and the tranquillity of the community of the Township of Lower Saucon, County of Northampton, Commonwealth of Pennsylvania, and to further the following related and more specific objectives:
A. 
To prohibit the creation or maintenance of impure, unwholesome or offensive conditions relating to streets, sidewalks, air, soil, structures, premises, food or drink.
B. 
To prohibit the sale, lease or distribution of impure, offensive or unwholesome products.
C. 
To prohibit the existence of unsanitary conditions.
D. 
To prohibit blocking or obstructing streets or sidewalks.
E. 
To prohibit unguarded open excavations, piles of dirt or debris and collection of stagnant water.
F. 
To prohibit the accumulations of brush, debris, litter and any such other materials which may cause an unwholesome and unhealthy condition in the Township.
A. 
Certain words and terms are used in this chapter for the purposes hereof and are defined as follows:
BURNING
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this chapter, "smoldering" shall have the same meaning as burning and any smoldering shall be deemed a burning.
[Added 11-20-2002 by Ord. No. 2002-11]
DOMESTIC REFUSE
Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling by two families or less. The term does include appliances, carpets, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, treated wood or the like. For purposes of this definition, the term will also include:
[Added 11-20-2002 by Ord. No. 2002-11]
(1) 
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking, and consumption of food, including but not limited to table refuse, animal and vegetable, offal of meat, fish and fowl, vegetables and fruits and parts thereof and other articles and materials ordinarily used for food and which have become unfit for such use or which are discarded for any reason.
(2) 
All combustible rubbish, including but not limited to paper, straw, excelsior, rags, rubber shoes and such other rubbish as may result from ordinary housekeeping or residential pursuits and which may be burned by fire.
NUISANCE
Such activity, existence of a condition or state of being which, based upon actual conditions in the Township, shall be offensive to public life, health, safety, morals, welfare, peace, dignity, decency, reasonable and comfortable use of property and the tranquillity of the community.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
[Added 11-20-2002 by Ord. No. 2002-11]
PERSON
An individual, organization, corporation, partnership, government or governmental subdivision or agency, business trust, estate, trust, association and any other legal or commercial entity.
STRUCTURE
Any building, permanent or temporary, fully erected or not, intended for shelter, housing or enclosure of persons, animals or property of any kind.
B. 
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular numbers include the plural, and the plural shall include the singular, and the masculine includes the feminine and neuter, and the neuter includes the masculine and feminine, and the feminine includes the masculine and neuter.
It shall be unlawful and a violation of this chapter for any person to create a nuisance in the Township of Lower Saucon. Any activity or activities shall be deemed to be a nuisance when, based upon actual conditions in the Township, said activity or activities constitute a nuisance in fact.
The following activities shall be deemed to be a nuisance when, based upon actual conditions in the Township, they constitute a nuisance in fact, and it shall be unlawful and a violation of this chapter for any person to create such a nuisance in the Township of Lower Saucon. It is understood that the listing of the following activities is in no way to be construed as a limitation on those activities which may be prohibited as nuisances and violations of this chapter pursuant to § 112-4.
A. 
The accumulation of garbage and rubbish or automobiles, trucks or motorcycles without current license plates or a current inspection sticker on private or public property, or the carrying on of any offensive manufacture or business.
[Amended 5-20-1998 by Ord. No. 98-17]
B. 
The ownership, maintenance, inhabitation, use or offering for use of any structure on public or private grounds which may be dangerous, unwholesome or offensive to the public.
C. 
The willful making or causing to be made any loud boisterous or unseemly noise or disturbance so as to disturb or annoy the peaceable public near to or upon any street, lane, alley, park, square, common or in any public building, public place or business place or private building or private place within the Township of Lower Saucon.
D. 
Any act or conduct such as might tend to cause riot panic, violence or general disturbance.
E. 
Any wanton discharge, without legal rights, except in authorized celebrations, of any gun, pistol, firearm, fireworks or other explosive.
F. 
The obstruction of any sidewalk, pavement, highway, street, lane, alley, thoroughfare, passageway in any public building or public place or business place.
G. 
The sale or offering for sale, lease or offering for lease, gift or offering for gift or distributing any unwholesome, impure or offensive food or drink or any other material intended for human or animal consumption.
H. 
The vexing, hindering, annoying or delaying of any person or persons whereby the public peace or comfort is broken or the public annoyed.
I. 
Engaging in fighting or threatening or in violent or tumultuous behavior whereby the public peace, comfort or convenience is broken or the public is annoyed.
J. 
The traveling about the Township, soliciting or begging from door to door or upon the streets, sidewalks, curbs, lanes, alleys, parks, squares, commons or in any public building, public place or business place, school or private dwelling for the purpose of acquiring money, food, clothing or employment.
K. 
The use of indecent, vile and profane language audibly upon the public streets, lanes, alleys, parks, squares, commons, public buildings, public places, business places, churches, schools or any public place within the Township or the making of obscene or indecent gestures.
L. 
The congregating or assembling at, near or about a place where a fire is in progress or where the fire or police apparatus have been summoned by an alarm or necessity and thereby hindering, delaying or obstructing any such apparatus, its men and equipment or rendering dangerous by such assembly the management or handling of such apparatus.
M. 
The neglect or refusal to promptly regard and obey the orders of any police officer in respect to the discharge of his duties in the enforcement of the laws and ordinances of the Township.
N. 
The neglect or refusal to promptly regard and obey the orders of any fireman in respect to the discharge of his duties at any place where a fire is in progress.
O. 
The appearance in any public place manifestly under the influence of alcohol to the degree that the person so appearing may endanger himself or other persons or property or annoy persons in his vicinity.
P. 
The prevention, interruption or disruption of a lawful meeting, procession or gathering.
Q. 
Maintaining or permitting the maintenance of unguarded or open excavations, piles of dirt, litter or debris, the collection of stagnant water or the collection of human or animal sewerage or waste on private or public property which may be dangerous, unwholesome or offensive to the public.
R. 
The ownership, keeping or maintenance of animals on private or public property which may be dangerous, unwholesome, or offensive to the public, which shall include any uttering by said animals of loud, boisterous or unseemly noises or disturbances so as to annoy or disturb the peaceful public, including but not limited to barking, mooing, howling, screeching or other similar animal noises.
S. 
The planting of shrubs, grasses, trees or other vegetation at or near any fire hydrant, which vegetation camouflages, hides or disguises or covers, in whole or in part, said fire hydrant so that said hydrant cannot be viewed from the roadways; any property owner who permits shrubs, grasses, trees or other vegetation to grow at or near any fire hydrant located on his property, which vegetation camouflages, hides, disguises or covers, in whole or in part, said fire hydrant so that said hydrant cannot be viewed from the roadways; the shoveling, plowing or placing of snow on or around any fire hydrant, which snow camouflages, hides, disguises or covers, in whole or in part, said fire hydrant so that said hydrant cannot be viewed from the roadways; or any property owner who permits the accumulation of snow, other than by natural means, on or around any fire hydrant located on his property, which snow camouflages, hides, disguises or covers, in whole or in part, said fire hydrant so that said hydrant cannot be viewed from the roadways.
[Added 5-2-1979 by Ord. No. 79-3]
T. 
Engaging in blasting or other quarrying operations before one hour after sunrise or after one hour prior to sunset on any given day whereby the public peace, comfort or convenience is broken or the public is annoyed.
[Added 5-18-1988 by Ord. No. 88-7]
U. 
The burning and/or open burning of domestic refuse.
[Added 11-20-2002 by Ord. No. 2002-11]
V. 
Any burning activity that shall cause odor or smoke to travel across property boundaries which would be determined a nuisance to an ordinary individual.
[Added 11-20-2002 by Ord. No. 2002-11]
W. 
All-terrain and off-road vehicles (hereinafter referred to as "ATVs") may be operated during daylight hours, from dawn to dusk, so long as the ATV is operated at least 100 feet away from the property line of any property adjacent to the property on which the ATV is being operated. For the purposes of this subsection, the one-hundred-feet restriction shall also apply to the right-of-way line of any public street or roadway. No ATVs may be operated during the hours from dusk to dawn. The term "ATVs" shall include but not be limited to snowmobiles, motor-driven vehicles having either two or more wheels commonly known as trail bikes, dirt bikes and minibikes, and all other vehicles commonly used for off-road purposes, whether licensed or not by the Commonwealth of Pennsylvania. Operation of an ATV shall mean any use of the ATV. This subsection shall not apply to ATVs when the same are being used for residential gardening, property maintenance, or agricultural purposes. The provisions of this Subsection W shall not apply to the two annual Steel City Hill Climb events sponsored by the Bushkill Valley Motorcycle Club located on Northampton County Tax Map Parcel Nos. N7-18-1 and N7SE4-19-2A. All other activities conducted on that property shall be subject to the restrictions contained herein.
[Added 5-21-2008 by Ord. No. 2008-02]
For any and every violation of any provision of this chapter, the Township may exercise any one or more of the following remedies:
A. 
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. Each section of this chapter that is violated shall also constitute a separate offense.
[Amended 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17]
B. 
Upon notice to the person violating this chapter, by certified mail, return receipt requested, to abate the nuisance and upon failure of such person to do so within a period of 10 days from the date of the receipt of said notice, the Township may take such steps as are necessary to abate the nuisance and charge said person violating this chapter with all costs thereof, together with a collection fee of 10%, or file a municipal claim against said person, together with a collection fee of 10%, or by an action of assumpsit without the filing of a claim.
C. 
Institute proceedings in any court of equity having jurisdiction to abate the nuisance.