Nuisances, including, but not limited to the following, are hereby declared to be illegal:
(A) Storing or accumulating the following.
(1) Garbage, ashes, refuse or rubbish.
(a) Garbage. Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce. It shall be unlawful to place or permit to remain anywhere in the township any garbage or other material subject to decay other than leaves or grass, excepting in a tightly covered container; excepting that a mulch heap is permitted, which is properly maintained for gardening purposes and does not materially disturb or annoy persons of ordinary sensibilities in the neighborhood. It shall be unlawful to any individual, firm or corporation to store more than seven days of garbage as defined by this ordinance, which may pose a potential health and safety problems to the community.
(b) Refuse/rubbish. Combustible trash, including paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; noncombustible trash, including metals, tin cans, metal furniture, glass, crockery, other mineral waste; contents of letter receptacles. Provided, refuse shall not include earth and wastes from building operations, nor shall it include leaves, cornstalks, stubble or other vegetable material generated in the course of harvesting agricultural crops. It shall be unlawful to cause or permit to accumulate any dust, ashes or trash of such a material that it can be blown away by the wind anywhere in the township excepting in a covered container.
(2) Junk material. Including, but not limited to, unused or abandoned machinery, equipment or appliances, and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials, that can be seen from any public highway, road, street, avenue, lane or alley which is maintained by the township, or by the Commonwealth of Pennsylvania.
(B) Storing or accumulating abandoned or junked motor vehicles; exterior storage. No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow a motor vehicle which is abandoned, junked, not registered, uninspected or disabled or any large vehicle component, including but not limited to engines, transmissions, axle housings, frames or bodies, to remain on such property for a period in excess of 20 days, provided that this section shall not apply with regard to any vehicle or vehicle component completely contained within an enclosed building. For purposes of this section, the term ENCLOSED BUILDING shall mean a roofed and walled structure built for permanent use. This chapter shall further not apply with regard to any vehicle or vehicle component on the premises of a business enterprise operated in a lawful place, and operated in a lawful manner, when the keeping or maintaining of such a vehicle or vehicle component is necessary to the operation of such business enterprise or with regard to a vehicle or vehicle component in an appropriate storage place or depository maintained in a lawful place and manner by the township or any other public entity. Any vehicle or vehicle component in violation of the provisions of this chapter is hereby declared a nuisance.
(C) Draining or flowing, or allowing to drain or flow, by pipe or other channel. Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley: or from any property into or upon any adjoining property.
(D) Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling. Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling situate upon property along public highway, road, street, avenue, lane, or alley in the township into or upon the cart way or traveled portion for said drainage by means of a drainage ditch or otherwise.
(E) Burning, open fires, etc. Burning and open fires are regulated by the provisions of Chapter 90 of this code, which remains in full force and effect, unaltered by this chapter.
(F) Dangerous structure. Maintaining or causing to be maintained, any dangerous structure, including but not limited to, abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
(G) Grass, weeds, or noxious weeds. Permitting the growth of any grass, weeds, noxious weeds, or any vegetation whatsoever, not edible or planted for some useful, legal or ornamental purpose or to conceal any rubbish, garbage, trash or any other violation of this chapter, to exceed a height of eight inches. This shall not include cultivated flowers, gardens and/or cultivated crops.
(H) Uncovered cisterns. Permitting or allowing any well or cistern to be, or remain, uncovered.
(I) Depositing upon cartway. Pushing, shoveling or otherwise depositing snow upon the cart way or traveled portion of any public highway, road or street which is maintained by the township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
(J) Obstructing streets, etc. For any person to permit any mud, dirt, coal, wood, brick, stone, gravel, clay, sand, rubbish or any other matter to remain upon the streets or in the gutter in front of his premises more than 24 hours after it has been deposited there except by special permission of the Township Board of Supervisors.
(K) Excavations. Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.
(L) Interference with stream creek or other waterway. Interfering with the flow of a stream, creek or other waterway, by means of dam construction or otherwise, or removing the embankment of a stream so as to alter the natural flow of the stream.
(M) Defacing public and private property. It shall be unlawful for any person, partnership, corporation or agent acting independently or under the direction of the principal to deface any private or public buildings, structures, signs, banners, or vehicles within the township. Examples of defacing shall include but not be limited to the following examples; application of paint, inks and dyes; affixing of any printed materials such as signs or posters; destruction or removal; defacing in any manner.
(N) Dogs and animals, etc. For any person owning, keeping, or permitting any dog, bitch or animal on or about his premises to disturb the peace and quiet of the night by barking, howling, crying or otherwise making a noise for a continuous period of one-half hour in any one-hour period and which can be heard a distance of 150 feet from that person's property line.
(1) Dogs running at large. It shall be unlawful for any person owning or possessing any dog to permit the same to run at large. RUNNING AT LARGE shall be defined to be the presence of a dog at any place except upon the premises of the owner, or upon the premises of another with the consent of the owner of such premises. A dog shall not be considered to be RUNNING AT LARGE if it is on a leash or under control of a person physically able to control it.
(2) Keeping of vicious animals.
(a) It shall be unlawful for any person to keep or permit to be kept on his or her premises any vicious animal as a pet or for display or for exhibition purposes, whether gratuitously or for a fee.
(b) It shall be unlawful for any person to harbor or keep a vicious animal within the township. Any animal which is found off the premises of its owner may be seized by any police officer or humane officer; provided however, that this section shall not apply to animals under the control of a law enforcement or military agency, nor to animals which are kept for the protection of property, provided that such animals are restrained by a leash or chain, cage, fence or other adequate means, from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.
(c) VICIOUS ANIMAL. Any animal which has previously attacked or bitten any person or which has behaved in such a manner that a person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.
(3) Habitually barking or howling dogs; “seeing eye dog.” Provisions of this chapter relating to dogs, which habitually bark, howl or yelp shall not apply to a “seeing eye dog” which is used to assist a person who is identified as legally blind.
(4) Voiding animal excrement. No person having possession, custody or control of any animal or the owner of an animal over which no person exercises possession, custody or control shall allow or permit any dog or other animal to void urine or excrement on any public or private property other than the property of the owner of such dog or other animal.
(5) Offense defined. Any person having ownership, possession, custody or control of any dog or other animal which commits a nuisance as defined in this division, shall be required to immediately remove said feces from such surface and either:
(a) Carry same away for disposal in a toilet; or
(b) Place same in a non-leaking container for deposit in a trash or litter receptacle.
(6) Applicability. The provision of this section shall apply to all dogs, irrespective of payment for or insurance of a license in respect to the animal or animals involved.
(O) Temporary storage facilities.
(1) Trailers or other temporary structures used on a residential property in conjunction with the construction of buildings or other improvements shall be permitted during the period of construction.
(2) Trailers or other temporary structures will be permitted and shall not be considered a nuisance on commercial or industrial properties.
(3) For purposes of this division (O), a property shall be considered residential, commercial or industrial based on the designation given to such parcel for purposes of tax assessment.
(4) When a temporary storage facility is otherwise considered a potential nuisance, the Board of Supervisors may, in its sole and absolute discretion, grant a temporary permit for the use of temporary storage facilities in the township provided that:
(a) Permit shall not be issued for a period to exceed 90 days in duration.
(b) A permit fee as established from time to time by resolution, shall be paid in advance of the issuance of the permit. Subject to the sole and absolute discretion of the Board of Supervisors.
(c) The Board of Supervisors shall, in addition to all other matters, consider the following criteria in determining whether said permit shall be used: the need for temporary storage facility; the availability of alternative storage facilities; and whether the refusal to grant the permit would result in exceptional hardship to the applicant.
(d) The permit shall be non-renewable and issued only when setback and all other requirements of all other township ordinances are met.
(2) The Board of Supervisors may, in its sole and absolute discretion, grant a temporary permit for the use of temporary storage facilities in the township provided that:
(a) Permit shall not be issued for a period to exceed 90 days in duration.
(b) A permit fee as established from time to time by resolution, shall be paid in advance of the issuance of the permit, subject to the sole and absolute discretion of the Board of Supervisors.
(c) The Board of Supervisors shall, in addition to all other matters, consider the following criteria in determining whether said permit shall be used: the need for such temporary storage facility; the availability of alternative storage facilities; and whether the refusal to grant the permit would result in exceptional hardship to the applicant.
(d) The permit shall be non-renewable and issued only when setback and all other requirements of all other township ordinances are met.
(P) Noise. It shall be unlawful for any person(s) to make or cause to be made, a noise disturbance within the limits of the township that endangers or injures the safety or health of humans or animals; or is unusual for the time of day or location where it is produced or heard or jeopardizes the value of property or erodes the integrity of the environment; or materially disturbs or annoys persons in the neighborhood who are of normal sensibilities.
(Ord. 3-2005, passed 6-2-2005; Ord. 1-2012, passed 2-2-2012; Ord. 3-2013, passed 9-5-2013)