[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 4-14-2003 by Ord. No. 1363. 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:
- BREEDING AREA
- Any condition which provides the necessary environment for the birth or hatching of vectors.
- COLLECTION OF WATER
- Water contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind, or other containers or devices which may hold water.
- COVERED RECEPTACLE
- A container of metal, wood, heavy-duty plastic or synthetic material of solid construction, with a tight-fitting cover secured against wind and leakage.
- Department of Environmental Protection, Commonwealth of Pennsylvania.
- Storage, collection, disposal or handling of refuse.
- The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Any place where vectors can live, nest or seek shelter.
- Any condition, structure, or improvement which shall constitute a threat or potential threat to the public health, safety, or welfare.
- Any person who, alone or jointly or severally with others shall have:
- (1) Legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
- (2) Charge, care, or control of any premises, dwelling or dwelling unit, as owner, lessee or agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
- Any natural person, firm, partnership, association, corporation, or other legal entity.
- All solid wastes, except human body wastes, and including handling of refuse.
- Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
- A rodent, arthropod, or insect capable of transmitting a disease or infection, including but not limited to rats, mosquitoes, cockroaches, flies and ticks.
In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
It shall be unlawful for any owner, lessee or other person to deposit or to knowingly permit any person acting as agent, employee, or servant of said person to store, permit to accumulate or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery, merchandise or equipment, or construction materials in the open on private property. Such storage or accumulation shall constitute a nuisance and/or health hazard if any of the following conditions exist:
Broken glass or metal parts with sharp or protruding edges.
Containers which are conducive to the harboring and growth of vermin or animals.
Storage in any manner which would allow equipment, merchandise, machinery, material or any parts thereof to easily shift, tilt, or fall from its original storage position.
Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents, and poisons and excluding those containers specifically designed, constructed and maintained for home heating fuels or cooking.
Refrigerators and/or freezers with any door remaining attached.
Accumulation in or upon any premises, improved or vacant, or on any open lot, or alley, of any building materials, lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster, packaging materials, or rubbish of any kind, unless the same may be kept in covered receptacles; or unless disposed of in a manner approved by DEP.
Storage of refuse in containers other than covered receptacles, which shall be kept clean by rinsing and draining as often as necessary so as not to provide food or breeding areas for vectors.
Storage or leaving of any machinery or equipment used by contractors or builders or by other persons in such a manner as to afford harborages or breeding areas for vectors.
Causing or maintaining any condition on a property that permits collection of water in which mosquitoes breed or are likely to breed.
Any other condition which shall threaten the public health, safety or welfare.
Storage of such items as listed in § 217-2 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances or state or federal laws. Any such nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence of at least six feet in height (other than a fence constructed to enclose a yard or to separate properties) specifically designed to enclose said items, which fence is locked at all times when unattended.
Upon conviction and thereafter in the event any person shall fail to correct, abate or otherwise remove the nuisance item or items as listed in § 217-2 hereof, the Borough of Ephrata shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Borough of Ephrata, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
[Amended 6-11-2007 by Ord. No. 1426]
Any person or persons who shall violate any provision of this chapter shall, upon conviction, for each and every such violation or failure to comply be sentenced to pay a fine of not more than $1,000 and costs of prosecution. Each day that a violation of a provision of this chapter continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this chapter, or any remedy provided by law or at equity, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively at the option of the Council of the Borough of Ephrata.
Unless specifically provided for herein, the provisions of this chapter shall not be interpreted in such a manner as to be limited by or to limit, restrict or prohibit the enforcement of the provisions of Chapter 245, Property Maintenance, or those of Chapter 271, Solid Waste, of the Code of the Borough of Ephrata. All other ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.