This ordinance is enacted for the following purposes: to promote and
protect the health, safety. morals and general welfare of the inhabitants
of the Township of Springfield by preventing or correcting unhygenic, unsanitary,
unsafe or unwholesome conditions which might constitute a menace in the township.
[Amended 6-17-1991 by Ord.
No. 1249]
In interpreting and applying the provisions of this ordinance they shall
be held to be the minimum requirements for the prevention and abatement of
nuisances. Where the provisions of any statute, other ordinance or regulation
impose greater restriction than this ordinance, the Township Officer is authorized
to apply the provisions of the minimum requirements of this ordinance in an
initial effort to alleviate the nuisance. However, it is not the intention
to limit the powers of the Township Officer in this regard, and he shall,
if necessary, apply the provisions of any statute, other ordinance or regulation
imposing the greater restriction.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this ordinance to have the meanings herein indicated.
The singular shall include the plural, the plural shall include the singular,
and the present tense shall include the future tense.
As used in this ordinance, the following terms shall have the meanings
indicated:
ABANDONED VEHICLE and/or JUNK VEHICLE [Added 6-17-1992
by Ord. No. 1249]
A.
Any vehicle (other than a pedalcycle) may be considered an abandoned
vehicle or junk vehicle where the vehicle constitutes a public danger, inconvenience
or distraction, and where at least one or more of the following conditions
are found applicable:
(1)
The vehicle is inoperable, as the result of a collision or other source
of damage to said vehicle, for a period of 10 calendar days.
(2)
The vehicle is in a dismantled or partially dismantled condition and
remains inoperable for a period in excess of 10 calendar days.
(3)
The vehicle does not bear, as required by the Motor Vehicle Code of
the Commonwealth of Pennsylvania, any one of the following:
(a)
A valid registration plate assigned to said vehicle.
(b)
A current certificate of inspection for said vehicle.
(c)
An ascertainable vehicle identification number.
(4)
The vehicle is inoperable as a result of a mechanical failure, which
goes unrepaired for a period in excess of 30 calendar days.
(5)
The vehicle has remained on private property without the consent of
the owner or person in control of the property for more than 48 hours.
(6)
The vehicle is parked and positioned on the premises so as to constitute
an attractive nuisance and a hazard to others.
B.
A boat which has not been maintained in a seaworthy condition and/or
positioned so as to constitute an attractive nuisance and/or a hazard to others
shall for the purpose of this ordinance be construed as an "abandoned and/or
junk vehicle."
NUISANCE
An act or thing having a natural tendency to injure a person or property,
things, conditions or uses which injure, annoy, inconvenience, disturb or
otherwise affect adversely life, health, safety or the use and enjoyment of
property, or are offensive to the sense of hearing, smell or sight, or may
be intrinsically harmful and prejudicial to the public health, safety, morals
or welfare of the public, and/or which may have been determined by courts
of law of competent jurisdiction to constitute a public nuisance per se.
[Added 6-17-1991 by Ord.
No. 1249]
OPERATOR
Any person who has charge of or care or control of a structure or
premises which is used, let or offered for occupancy.
ORDER OF ABATEMENT
A township notice in printed text or writing indicating a public
nuisance which requires abatement.
OWNER
Any person, agent, operator, firm or corporation having a legal or
equitable interest in the property; recorded in the official records of the
state, county or municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate or any
such person, and the executor or administrator of the estate of such person
if ordered to take possession of real property by a court.
PERSON
Any individual, association, trust, partnership or corporation, including
any members, directors, officers, employees, partners or principals thereof.
PREMISES
A lot, plot or parcel, including the building or structure thereon.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and
the term shall include the residue from the burning of wood, coal, coke and
other combustible materials, paper, rags, cartons, boxes, wood, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery
and dust and other similar materials.
STRUCTURE
Any man-made object or improvement having an ascertainable stationary
location on land or in the water, whether or not affixed to the land.
TOWNSHIP OFFICER
Police officers, the Health Officer, the Code Enforcement Officer,
the Fire Marshal or their deputies, or such other township employee they may
designate.
WEEDS
All grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, that this term shall not include cultivated flowers and
gardens.
[Added 6-17-1991 by Ord.
No. 1249]
The provisions of this ordinance are severable, and if any section,
clause, sentence, part or provision thereof shall be held to be illegal, invalid
or unconstitutional, the decision of the court shall not affect or impair
the remaining parts or provisions of this ordinance. It is hereby declared
to be the intent of the Board of Commissioners of Springfield Township that
this ordinance would have been adopted if such illegal, invalid or unconstitutional
section, clause, sentence, part or provisions had not been included therein.
[Added 6-17-1991 by Ord.
No. 1249]
The refusal to obey an order of abatement within the time specified shall be deemed to be a violation of this ordinance and shall constitute an offense punishable under the provisions of Chapter
1, entitled "General Provisions," Article
II, entitled "General Penalty," §
1-10, entitled "Violations and penalties," Subsection
A(1), as amended, of the Code of the Township of Springfield.