[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 7-26-1982 by Ord. No. 175. Amendments noted where
applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A room or suite of rooms with cooking and dishwashing facilities
arranged or designed for or occupied by a family, including, but not
limited to, a subordinate dwelling such as a garage apartment or a
servants' quarters.
All waste, animal or vegetable, such as but not limited to
waste material and refuse from kitchens, residences, grocery stores,
butcher shops, restaurants, cafes, hotels, rooming houses and boardinghouses,
and all other deleterious substances.
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located, or shall cause
or result in annoyance or disturbance to persons beyond the boundaries
of such property; interference to the health and/or safety of the
persons beyond the boundaries of such property; and/or disturbance
to or interference with the peaceful use of the property of others
in the Township, in any case taking into consideration the location
of the use or condition, and the nature and condition of the surrounding
neighborhood. This includes, but is not limited to, premises of any
of the following: lumber, junk, trash, or debris; abandoned, discarded
or unused objects or equipment such as automobiles, furniture, stoves,
refrigerators, freezers, cans, or containers.
Waste, rubbish, garbage, trash, or any material of any kind
that has been discarded, rejected, cast aside or thrown away as worthless,
except body wastes.
Rubbish such as feathers, coffee grounds, ashes, tin cans,
paper, boxes, glass, wood, shrubs, yard clippings, leaves, tree trimmings
and similar matter.
No person owning, leasing, occupying or having
charge of any premises shall maintain or keep any nuisance thereon,
nor shall any such person keep or maintain such premises in a manner
causing substantial diminution in the value of the other property
in the neighborhood in which such premises are located.
No person in charge of or in control of premises,
whether as owner, lessee, tenant, occupant or otherwise, shall allow
any partially dismantled, wrecked, junked, discarded or otherwise
nonoperating motor vehicle to remain on such property longer than
10 days; and no person shall leave any such vehicle on any property
within the Township for a longer time than 10 days; except that this
section shall not apply with regard to any vehicle in an enclosed
building or so located upon the premises as not to be readily visible
from any public place or from any surrounding private property. This
chapter shall further not apply with regard to any vehicle on the
premises of a business enterprise operated in a lawful place, other
than in a residential district, and operated in a lawful manner, when
the keeping or maintenance of such vehicle is necessary to the operation
of such business enterprise; or with regard to a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner
by the Township or other public agency or entity.
Unsheltered storage of old, unused, stripped,
junked and other automobiles not in good and safe operating condition,
and of any other vehicles, machinery, implements, and/or equipment
and personal property of any kind which is no longer safely usable
for the purposes for which it was manufactured, which hereinafter
are collectively described as "said personalty," for a period of 10
days or more (except in licensed junkyards) within the corporate limits
of Exeter Township is hereby declared to be a nuisance and dangerous
to the public safety.
The owner, owners, tenants, lessees and/or occupants
of any lot within the corporate limits of Exeter Township upon which
such storage is made, and also the owner, owners, and/or lessees of
said personalty involved in such storage (all of whom are hereinafter
referred to collectively as "owners"), shall jointly and severally
abate said nuisance by the prompt removal of said personalty into
completely enclosed buildings authorized to be used for such storage
purposes if within the corporate limits of Exeter Township or otherwise
to remove it to a location without said corporate limits.
The accumulation of waste, refuse, trash and
other deleterious substances on the premises of private residences,
commercial institutions and in the streets and alleys greatly increases
the danger of fire and spread of infections, contagious and epidemic
diseases and shall constitute a public menace and nuisance.
The Supervisors shall make, or cause to be made
by individuals or an individual they may from time to time designate,
inspections at regular intervals to determine that refuse, garbage
and trash are being properly stored, collected and removed, and that
proper charges are being assessed. In the event violations of this
chapter or related ordinances are discovered, they shall immediately
act to effect the necessary corrective action.
The owner, manager, or occupant of any store
or other place of business shall keep his premises clean of refuse
thrown or left on such premises by its employees, customers or passersby
and prevent refuse drifting or blowing onto adjoining premises or
public rights-of-way. Receptacles of sufficient size and number with
lids or covers for deposit of refuse shall be placed on the premises.
It shall be unlawful for any person, while upon
the premises of a business, to dispose of refuse upon such premises
except in receptacles provided for such purposes.
[Added 6-8-2009 by Ord. No. 677[1]]
A.
CLOTHING DROPOFF BIN (BIN)
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A closed metal container having an opening through which
the public can deposit new or used clothing, books, or other nonperishable
items for storage until pickup by the authorized registrant.
B.
Permit
and registration required.
(1)
Permit.
(a)
Any person, business entity or corporation wishing to place or utilize
a clothing dropoff bin within the Township in a place that is open
to the public must obtain a permit from the Township prior to use
thereof. It shall be unlawful for any person, business entity or corporation,
except the Township or other municipal agency, to maintain, place,
or cause to be maintained or placed a clothing dropoff bin without
having first obtained a permit issued by the Township Zoning Officer.
In the event that the clothing dropoff bin is to be placed on property
that is not owned by the applicant, the applicant must submit proof
of the written consent of the landowner on which the bin is to be
placed prior to issuance of a permit.
(b)
A laminated copy of the clothing dropoff bin permit shall be affixed
to every bin used by the permit holder. The permit shall be placed
on the same side of the clothing dropoff bin as the chute used for
the deposit of the clothing. Upon the sale or transfer of a bin, a
new permit issued to the new owner shall be affixed to the bin prior
to placing it in service.
(c)
A permit issued under this section shall be valid for a period of
one year and shall be renewable for one-year periods thereafter upon
written request of the applicant.
(2)
Registration.
In applying for a clothing dropoff permit, the applicant shall complete
a registration application in such form as to be acceptable to the
Township. Such application shall list: the name, address and telephone
number of the person, business entity, corporation or organization
applying for the permit ("applicant"); the proposed location/address
where the bin is to be placed; the name and telephone number of the
owner of the location at which the bin is to be placed ("landowner");
the name and telephone number of the individual who will be placing
the bin ("registrant"); information as to the manner and schedule
for which the bin is to be emptied or removed and the destination
of the clothing to be removed from the bin.
C.
Placement
and maintenance of clothing dropoff bins.
(1)
Each
bin must identify, in clear lettering, the name and telephone number
of the entity responsible for maintenance of the clothing dropoff
bin.
(2)
The
bin(s) shall be appropriately located so as not to interfere with
sight triangles, on-site circulation, required setbacks, landscaping,
parking, and any other requirements that may have been imposed as
part of the site plan approval for the premises, and shall be placed
on a concrete surface.
(3)
The
bin(s) shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
(4)
Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing being strewn about the surrounding area, outside of the clothing dropoff bin. The applicant shall be responsible for ensuring that donated clothing is not permitted to accumulate outside of clothing dropoff bins. The failure to regularly empty a clothing dropoff bin of its contents and the failure to ensure that items are not permitted to accumulate outside of a clothing dropoff bin shall be a violation of this section, subject to the enforcement proceedings set forth in Subsection D below.
(5)
No
perishable food shall be permitted to be collected or deposited in
clothing dropoff bins.
(6)
Clothing
dropoff bins that are not in use for a period of greater than six
months or for which a clothing dropoff bin permit has expired shall
be removed by the applicant.
D.
Enforcement;
penalties for violation; injunctions.
(1)
The
owner, lessee, or other person or legal entity in control of the property
where the clothing dropoff bin is being maintained and the person
or entity which owns, maintains, or operates the clothing bin in violation
of this section shall be jointly and severally liable for such violation(s)
therefor.
(2)
The
Exeter Township Code Enforcement Officer is hereby authorized to enforce
the provisions of this section.
(3)
In
the event that any person is in violation of this section, the Code
Enforcement Officer shall issue such person a written notice of violation,
directing and requiring them to take the appropriate remedial activity.
In the event that such violation is not corrected within 15 days from
the date of mailing of this first notice, a second notice to abate
the violation shall be issued. Failure to abate the violation within
15 days of mailing of the second notice shall constitute a violation
of this article. Any person who shall fail to correct the violation
referenced in the notice of violation within the time period specified
above shall be subject to a civil enforcement action prosecuted by
the Township. Upon conviction thereof, such person shall be sentenced
to pay a fine not exceeding $1,000 and costs, and, in default of payment
thereof, shall be subject to imprisonment for a term not exceeding
30 days. Each day that a violation of this section continues shall
be considered a separate offense.
(4)
In
addition to the above, the Township may, in an appropriate case, institute
an injunction action in the name of the Township to assure compliance
with the terms of this section.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 261-10 through 261-14 as §§ 261-11 through 261-15. Section 3 of Ord. No. 677 also provided as follows: "The provisions of this ordinance shall apply to all new and existing clothing dropoff bins. With respect to clothing dropoff bins in existence as of the effective date of this ordinance, the person responsible therefor shall apply to the Township for a clothing dropoff permit within six months of the effective date of this ordinance. The failure to do so shall result in a violation of § 261-10 and shall be subject to the enforcement remedies therein provided."
A.
It shall be unlawful for any person, firm or corporation,
in person or by his agent, employee or servant, to cast, throw, sweep,
sift or deposit in any manner in or upon any public way or other public
place in the Township or any river, canal, public water drain, sewer
or receiving basin within the jurisdiction of the Township, any kind
of dirt, rubbish, waste article, thing or substance whatsoever, whether
liquid or solid. Nor shall any person, firm or corporation, cast,
throw, sweep, sift or deposit any of the aforementioned items anywhere
within the jurisdiction of the Township in such manner that it may
be carried or deposited in whole or in part, by the action of the
sun, wind, rain or snow, into any of the aforementioned places.
B.
Provided, that this section shall not apply to the
deposit of material under a permit authorized by any ordinance of
the Township, or to goods, wares or merchandise deposited upon any
public way or other public place temporarily, in the necessary course
of trade, and removed therefrom within two hours after being so deposited;
or to articles or things deposited in or conducted into the Township
sewer system through lawful drains in accordance with the ordinances
of the Township relating thereto.
It shall be unlawful for any person, firm or
corporation, in person or by his or its agent, employee or servant,
to use any vehicle to haul any kind of dirt, rubbish, waste articles
or things or substance, whether liquid or solid, unless such vehicle
is covered to prevent any part of its load from spilling or dropping
at all times while such vehicle is in motion on any street or alley
in the Township. Provided; however, that the requirements herein for
covering such vehicles shall not apply to vehicles carrying brush
cuttings, tree trimmings, branches, logs and similar waste material,
if such matter is securely lashed to such vehicle to prevent spilling
or dropping as aforesaid.
Whenever said owners fail to abate any nuisance
as defined herein, then the Township shall abate said nuisance and
assess the costs thereof against the owners, occupiers or persons
maintaining said nuisance and assess the costs against said individuals
or pursue any other remedy for the abatement of nuisances or the collection
incurred in connection therewith as provided by law.
This chapter shall not be construed to be the
sole means for abatement of nuisances within the Township of Exeter
and nothing shall preclude any person from proceeding individually
or with other injured persons, to effect the abatement of a private
nuisance.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
[Added 11-13-2017 by Ord.
No. 786]
A.
Whenever a condition constituting a nuisance a defined herein is
permitted or maintained, the Board of Supervisors of the Township,
or any officer or employee of the Township designated thereby for
the purpose, shall cause written notice to be served in any one of
the following ways:
(1)
By personal delivery of the notice to the owner, tenant, or lessee
of the premises;
(2)
By leaving the notice with an adult upon the premises;
(3)
By attaching a copy of the notice to the door at the entrance of
the premises in violation; or
(4)
By mailing, by certified mail, the notice to the last known address
of the owner of the premises.
