[HISTORY: Adopted by the Board of Supervisors of Falls Township 10-16-2002 by Ord. No. 2002-20. Amendments noted where applicable.]
It is hereby declared to be the policy of Falls Township to prevent excessive or noxious odors in Falls Township. It is further declared that the provisions and prohibitions herein enacted are enacted for the purpose of preserving and protecting the public health, welfare, comfort and prosperity of Falls Township and its inhabitants.
This chapter shall be liberally construed so as to effectuate the purposes described herein. Nothing herein contained shall be construed to abridge the emergency powers of any Township department or the right of such department to engage in any necessary or proper activities. Nothing contained herein shall abridge the powers and responsibility of Falls Township Police Department or any other law enforcement agency to enforce the provisions of this chapter. Accordingly, activities and functions of the Township are exempt from enforcement under this chapter.
No person shall cause or allow emissions of air contaminants or noxious odors to the outdoor atmosphere that are injurious to human, plant or animal life or to property or that unreasonably interfere with the comfortable enjoyment of life or property (for purposes of this chapter, a "prohibited odor").
In addition to the general prohibition set forth in Subsection A above, the following shall be prohibited conduct in violation of this chapter, but the listing herein shall not be deemed to be exclusive:
Any open burning in violation of any Township ordinance.
The idling of any motor vehicle for a period of longer than 15 minutes within 10 feet of any lot line of a property.
The discharge into the ambient air of any exhaust fan from any restaurant, bakery, delicatessen or hotel, as such terms are defined by Township ordinance, which commences business operations after the date hereof or for which any building permit or other Township approval is sought after the date hereof, that has not been filtered or scrubbed before discharge using equipment approved by Falls Township's Building Inspector.
The failure by any restaurant, bakery, delicatessen or hotel to properly maintain and clean its exhaust system.
In the event that there is one or more emissions of prohibited odor, and two or more complaints are received concerning discharges of one or more air contaminants or noxious odors from a property or business, the Township Manager or his designee shall commence an investigation of the complaints.
If such investigation determines that a violation of this chapter has occurred or is occurring, the person or entity responsible for such emission and the owner of the property in question shall be advised of the fact that such odor is unreasonable and in violation of this chapter by a police officer, the Township Building Inspector or the Township Manager or his designee. Such responsible person and/or owner shall forthwith take measures reasonably designed to ensure that the violation does not recur.
At any time after Falls Township issues such a warning under this chapter hereof, the Township Manager or his designee may conduct a further investigation upon receipt of any additional complaints, and if after such investigation he determines such party has continued or repeated such conduct or similar conduct creating prohibited odors, the person or entity causing such odor or air contaminant and the owner of the property from which such prohibited odor was released shall be in violation of this chapter and shall be subject to punishment as provided in this chapter.
Any such warning under this chapter hereof shall be in writing, directed to the person or entity believed to be creating such noxious odor and the owner of the premises if different, and shall be sent by first-class mail.
No such warning shall be required for any violation which is also a violation of any other provision of any Township ordinance which is punishable without a prior warning to the offender.
Falls Township Manager shall cause a complaint form to be prepared for the receipt of complaints of violations of this chapter, and shall keep copies of such complaint form in his offices and make the same available during normal business hours for the use of persons wishing to make complaints under this chapter.
Any person, firm or corporation who violates or permits a violation of this chapter shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by Falls Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Further, the appropriate officers or agents of Falls Township are hereby authorized to file a citation for such summary violations and seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.