[HISTORY: Adopted by the Board of Supervisors of the Township of
Tobyhanna 3-6-1989 by Ord. No. 354. Amendments
noted where applicable.]
This chapter shall be known as the "Tobyhanna Township Nuisance Ordinance."
The Board of Supervisors of the Township of Tobyhanna, by authority
granted to it as specified in the Pennsylvania Second Class Township Code,
being the Act of May 20, 1957, P.L. 74, as amended by the Act of March 21,
1968, P.L. 66, No. 22, § 1, 53 P.S. § 66529, hereby enacts
this chapter.
The Board of Supervisors of the Township of Tobyhanna finds and deems
that it is in the best interests of and for the general health, safety and
welfare of the citizens and residents of this township to prohibit the unreasonable,
unwarrantable or unlawful use of private and public property which causes
injury, damage, hurt, inconvenience, annoyance or discomfort to others in
the legitimate enjoyment of their rights of person or property.
As used in this chapter, the following terms, phrases and words shall
have the meanings given herein. Any personal pronoun shall be construed so
as to mean either the masculine, feminine or neuter gender, as the context
may require; and the word "shall" is always mandatory.
The Board of Supervisors of the Township of Tobyhanna, Monroe County,
Pennsylvania.
Any person employed by the Commonwealth of Pennsylvania or serving
the Township of Tobyhanna whose sworn duty as a law enforcement officer is
to preserve peace, make arrests or enforce the laws of the Commonwealth of
Pennsylvania or the ordinances of the township.[1]
Any unreasonable, unwarrantable or unlawful use of public or private
property, or injury, damage, hurt, inconvenience, annoyance or discomfort
to any person in the legitimate enjoyment of his or her reasonable rights
of person or property.
A person owning, leasing, occupying or having charge of any premises
within the township.
To suffer, allow, consent or let; to give leave or license; or to
acquiesce by failure to prevent or to expressly accept or agree to the doing
of any act.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Tobyhanna, Monroe County, Pennsylvania.
It shall be unlawful for any person to dump, store or accumulate or
cause or permit the dumping, storing or accumulation upon any public or private
property within the Township of Tobyhanna, or to create or maintain any nuisance
as hereafter declared. Subsections A and/or B shall not apply to any duly
licensed facility operating under a permit from the Department of Environmental
Protection. Subsection A shall not apply to any permitted Commercial (C) or
Commercial/Industrial (CI) establishment for the repair, maintenance or restoration
of motor vehicles.
A.
Inoperable, unregistered and/or uninspected motor vehicles
which are not confined within a permitted structure.
B.
Junk material, including but not limited to unused, discarded
or abandoned machinery, vehicle parts, equipment or appliances, which are
not confined within a permitted structure.
C.
The burning of garbage, trash, tires, tar products, nonwood
materials or any material which produces noxious or offensive smoke, fumes
or odor.
D.
The pushing, shoveling or otherwise depositing of snow
or any other material upon the road and/or traveled portion of any public
highway, road, street or township right-of-way which is maintained by this
township or by the Commonwealth of Pennsylvania, and allowing the same to
remain thereon.
A.
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 95-5A and/or B of this chapter, it shall be necessary to serve written notice upon the owner in one of the following ways:
(1)
By mailing a copy of the notice to the owner by any form
of mail requiring a receipt signed by the owner;
(2)
By personal delivery of the notice to the owner;
(3)
By handing a copy of the notice at the residence of the
owner to an adult member of the family who resides within, but if no adult
member of the family is found, then to an adult person in charge of such residence;
or
(4)
By fixing a copy of the notice to the door at the entrance
of the premises in violation.
B.
Form to be provided. Notice required under this section
must be given on a form prescribed and provided by the township.
C.
Content of notice. The notice shall set forth the name
and address of the owner, if known; the nature and extent of the violation
or offense; the period or periods of time over which the nuisance has occurred;
the identity of the person giving notice; the date and time of the sending
or posting of notice; and a statement to the effect that a citation shall
be issued or a private complaint filed if the nuisance is not abated within
14 calendar days from the date of receipt or posting of notice.
D.
Duration of notice. Any notice given pursuant to this
section shall be valid for a period of six months; within six months, no additional
notice need be given prior to the issuance of a citation or the filing of
private complaint.
The provisions of this chapter shall be enforced by a law enforcement
officer instituting summary proceedings by citation as provided by law or,
when the affiant is not a law enforcement officer, the affiant shall institute
a criminal proceeding by filing a complaint with the District Justice as provided
by law.
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.
