NUISANCE ORDINANCEJENKINS TOWNSHIP, LUZERNE COUNTY

ORDINANCE NO. b of 2017AN ORDINANCE REGULATING VARIOUS CONDUCT AND ACTIVITIESWHICH ARE HEREIN CLASSIFIED AS NUISANCES AND To PROVIDE

PENALTIES FOR THE VIOLATION OF SUCH ORDINANCE IN JENKINS TOWNSHIP, LUZERNE COUNTY, PENNSYLVANIA.

BE IT ORDAINED OR ENACTED BY THE BOARD OF SUPERVISORSOF JENKINS TOWNSHIP, LUZERNE COUNTY, PENNSYLVANIA,

THAT THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS THE

NUISANCE ORDINANCE.

THIS ORDINANCE HEREBY REPEALS AND REPLACESORDINANCE NUMBER 004 OF 2012And ORDINANCE NO. 004 OF 2000

WHEREAS, fire constitutes a serious hazard to the public's health and welfare and can cause significant property damage; and

WHEREAS, excessive noise, heat, glare, odor, vibration, and other public nuisances constitute a serious hazard to the public health and welfare and the quality of life of the citizens of Jenkins Township; and

WHEREAS, the emission of dust, dirt, fly ash, fumes, vapors, or gases can cause damage to human health, animals, vegetation, and property, and thus are public nuisances hazardous to the public health, safety, and welfare ofthe citizens of Jenkins Township; and

WHEREAS, graffiti/ litter, and uncollected animal waste are public nuisances; are obnoxious; contribute to neighborhood deterioration; and destroy the rights and values of property owners, as well as the entire community; and

WHEREAS, air and water pollution and the release of other toxins into the environment constitute public nuisances as well as serious hazards to the public health and welfare of the citizens of Jenkins Township and the environment in general; and

WHEREAS, public nuisances tend to remain on private and public property unless they are immediately abated, and as such the Township must act to prevent, prohibit, and remove these nuisances from public and private property so as to avoid their spread and their detriment impact on the neighborhoods and residents; and

WHEREAS, the Township is empowered to adopt ordinances for health and welfare of its citizens, to secure the public safety, and to define conduct that constitutes disturbing the peace pursuant to Sections 1506 and 1527 of the Second Class Township Code, 53 P.S. {66506, 566527; and

WHEREAS, Section 702 ofthe Second Class Township code, 1933, May 1, PL. 103, Art. Vll, s 702, cl. XII, as amended, 53 P.S. s 65712, authorizes townships of the second class to prohibit nuisances, to remove same, and to impose penalties therefor.

WHEREAS, Section 1529 of the Second Class Township code. The board of supervisors may by ordinance prohibit nuisances, including, but not limited to, the storage of abandoned or junked automobiles, on private and public property and the carrying on of any offensive manufacture or business. (53 P.S. 566529)

NOW THEREFORE, BE IT ENACTED AND ORDAINED, and it is enacted and ordained, by the Board of Supervisors of Jenkins Township, as follows:

DEFINITIONS

For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word Ashall= is always mandatory and not merely directory.

(1) Township- is the Township of Jenkins, Luzerne County, Pennsylvania.

(2) Board of Supervisors- is the Board of Supervisors of Jenkins Township, Luzerne County, Pennsylvania.

(3) Owner- is a person owning, leasing, occupying or having charge of any premises within the Township.

(4) Person- is any natural person, firm, partnership, association, corporation, company or organization of any kind.

(5) Nuisance is the unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person and property.

(6) Lessee - owner for the purpose of this Ordinance when the lessor holds the lessee responsible for maintenance and repairs.

(7) Motor Vehicle - any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby.

(8) Disabled Motor Vehicle - a motor driven vehicle, regardless of size, which is incapable of being self-propelled upon the public streets of the Township or is incapable ofbeing utilized for its intended purpose. Also included in this definition are trailers, semi-trailers or other articles which would be classified as a vehicle under the Vehicle Code of Pennsylvania

(9) The term disabled motor vehicle shall include disabled, junked, abandoned, non-operable, inoperative, wrecked, ruined or dismantled motor vehicles, and not having a valid license plate, a valid inspection or a valid registration.

(10) Owner - the actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or Corporation.

ARTICLE 1. P SE AND INTENT. That to protect the people against nuisance of and incident to the conduct, beha or and activities herein defined with the resulting detriment and danger to the public health safety and public interest, convenience and necessity requires the regulation thereof and to that end of purposes of this ordinance are specifically declared to be as follows:

SECTION 1: To protect the public against the unlawful activities, behavior and conduct herein defined which constitute a nuisance.

SECTION 2: To protect the local residents use and enjoyment of their property against trespassing by the activities, conduct and behavior classified as nuisances.

SECTION- 3: To protect the people against the *health and safety menace and the expense incident to the activities, 'behavior and conduct herein classified as nuisances.

SECTION 4: To preserve to the people their constitutional right, to preserve their ordinary rules of decency, good morals and public order by regulating the conduct herein described as nuisances.

ARTICLE 11. NUISANCES

SECTION 1. A public nuisance is an object, act, occupation, condition, or use or property which shall continue for such length of time as to:

l . Substantially annoy, injure, or endangering the comfort, health repose or safety of the public.

2. In any way render the public insecure in life or in the use of property.

3. Greatly offend the public morals or decency.

4. Unlawfully and substantially interfere with, or obstruct, or tend to obstruct or render dangerous for passage any sfreet, alley, highway, navigable body of water, or other public way, or the use of public property.

5* Nuisances, generally. Any person committing or maintaining a nuisance as defined in and prohibited by Chapter 65 of Title 18 of the Pennsylvania Consolidated Statutes shall be punishable as provided therein

SECTION 2. PUBLIC NUISANCE AFFECTING HEALTH. The following acts, omissions, places, conditions and objects are hereby specifically declared the public nuisances, but such enumeration shall not be construed to exclude other health nuisances or hazards coming within the definition of subsection 't a't of this section'.

It is hereby declared to be a common nuisance and in said Township abatable and punishable as such:

A. Merchandise and advertising matter. For any person to distribute or throw upon doorsteps, into doorways, vestibules, yards, enclosures or anywhere within the Township, samples of merchandise of any character whatsoever, or; For any person to distribute, throw upon doorsteps, into door- ways, vestibules, place upon doorknobs or fences, cast into yards or anywhere else, handbills, advertising and printed matter of any nature whatsoever without prior authorization by the Township Board ofSupervisors and in accordance with ordinance For the application for an issuance of a license to engage in such Business, as well as prohibiting acts by the holders of December 29, 1978 the Jenkins Township Peddlers Solicitors and Canvasses ordinances.

B. Signs. All signs and billboards, awnings, and other structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety. For any person to erect signs projecting across walks or in places dangerous to life and limb.

C. Cesspools. For any person to permit and maintain open vaults, drains, failed cesspools and failed septic systems prejudicial to public health.

D. Lights. No lights, incandescent, strobe, sodium or mercury vapor, shall spot, flood, or otherwise shine so as to impede the safe movement of traffic upon the streets, highways or traffic ways within the Township of Jenkins. No lights, incandescent, strobe, sodium or mercury vapor, shall spot, flood, or otherwise shine upon the private property of another so as to annoy, disturb or otherwise prevent another person from enjoying the privacy of their own property. No residence, business, industry or other person shall illuminate any sign adjacent to any street, highway or traffic wray within the Tovmship of Jenkins, with flashing, rotating, sequential, strobe, or otherwise moving lights, so as to interfere with the movement of traffic upon said streets, highways or traffic ways, within the Township of Jenkins. No residence, business, industry or other person shall utilize any form or configuration of lights so as to resemble a traffic signal, railroad signal, or any other form of simulated signal, visible to the motoring public upon any street, highway or traffic way within the Township of Jenkins.

E. For any person to engage in the business of manufacture or sale of any explicitly pornographic, obnoxious or obscene material or to provide entertainment which is considered offensive in nature within the township.

F. Fires. For any person to start fires endangering the lives and property of the people of the township. Permitted fires and burning are further described in ordinance Restricted Open Fire and Burning June 7, 1999, the Township's Burning ordinance.

G. Obstructing streets, etc. For any person to pennit 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 twenty-four (24) hours after it has been deposited there except by special permission of the Township Board of Supervisors.

H. Depositing in streets, streams, etc. For any person to throw, spread or deposit on any of the streets, roads, lanes, alleys, courts or any watercourse or gutter within the Township limits, and

permit it to remain there, any animal carcass, fish, shellfish, ashes, paper, glass, tires, cans, rubbish or offal of any kind or any other refuse or offensive matter whatsoever.

I. Nauseous draining, etc. For any person to run foul or nauseous liquids, washings or draining from any manufacturing establishments, stores, stables, private residences, or shops into any of the gutters or along any of the sidewalks, streets, roads, lanes, alleys or courts of the Township, or to keep, collect or use any garbage or filth or any stale, putrid. stinking fat, grease or other matter in or near any establishment or residence within the Township limits-

J. Loud Music or Noise, etc. For any person, except by permission of Township Board of Supervisors to play amplify or listen to music by any manner including home stereos, vehicular sound systems and portable 'boom boxes", to beat any drum or drums, blow any horn or horns, or otherwise make any unusual noise, disturbing the peace after 10:00 P.M. which can be heard a distance of 150 feet from its source or such person's property line or; for any person to make, continue or cause to be made or continued any unnecessary or unusually loud noise which annoys, disturbs, injures or endangers the comfort health, safety orpeace of others within and which can be heard a distance of 150 feet from its source or such person Es property line between the hours of 10:00 P.M. and 7:00 A.M.

K. Posting advertisements. For any person to post, paste or fasten any printed, painted or written signs, show bill, placard, circular or advertisement of any description whatsoever upon any tree, telegraph, telephone or electric-light pole within the Township limits unless authorized by the Township Board of Supervisors.

L. Glass, etc., on streets, etc. For any person to place, throw or put on any street, road, lane or alley of the Township any tacks, nails, sharp pieces of iron, glass bottles, briers, thorns or other dangerous and similar sub- stances which may injure an animal or puncture a rubber tire.

M. Odor. For any person to permit or cause the emission of any offensive or foul odor, scent, effluvium, emanation or fume within the Township limits, except as normal and customary in farming activities.

N. Pushing, shoveling, or otherwise depositing snow upon the cartway or traveled portion of any public highway, road, or street which is maintained by this Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.

(1). Snowballing, etc. For any person to throw, hurl or cast any metal, stone, snowball, bullet or other missile at any person or animal passing along or standing at any of the streets, roads, lanes, alleys or sidewalks of the Township.O. 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 to the annoyance of the neighborhood which can be heard a distance of 150 feet fromthat personts property line.

(l) Harboring — it shall be unlawful for any person knowing to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.

(2) 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.

(3) Keeping of Vicious Animals —

(a) It shall be unlawful for any person to keep or permit to be kept on his 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" shall mean 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 oftendencies to attack or bite persons.

(d)Provisions ofthis ordinance 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.) The keeping or harboring of any animal of fowl which frequently or habitually howl, yelp, bark, crow or make other noises which greatly annoy or disturb a neighborhood or any considerable number of persons within Jenkins Township.

P. Obstructing streets. For anyone placing a vehicle or other obstruction on or along any street of the Township so as to interfere with vehicular or pedestrian traffic, unless it should become necessary to drive or place the vehicle in such position to load or unload merchandise or furniture, and then such vehicle shall only be permitted to remain for such lengths of time as is necessary to load or unload the same.

Q. All street crossings shall be kept free from sleighs wagons, carts, carriages and other vehicles, and horses or other animals and other obstructions shall not be placed or allowed to remain thereon except as may be necessary in crossing the same.R. For any person to make indecent or blasphemous remarks or use vile language, or to be found in a drunken or disorderly condition within the township.S. No person or persons shall blast rock on or near any public street or alley within the borough without first having obtained permission from Township Board of Supervisors, and after having obtained permission, to blast under conditions and restrictions as set forth in the written consent of the Township Board of Supervisors.T. Explosives. No person or persons excluding businesses dealing with such or using the same in the course of its businesses shall keep or store explosives within the Township, and no vehicles loaded with explosives shall be allowed to remain within the Township limits for a longer period than two (2) hours. U. No person or persons shall sell or offer for sale at any place within the Township any blown, stale or diseased meats or provisions.V. No person shall permit any animals including any dogs, cats, cattle, horse, mule, sheep, goat, geese, ducks or swine to roam or be at large upon the streets, lanes or alleys in any of the inhabited parts of the Tovmship.

W. No person shall own, occupy or keep ground or other premises in such a condition to be offensive and a nuisance to the neighborhood, or to create a health or safety risk to the children and citizens of the Township.X. Littering is prohibited as provided for in the Jenkins Township Litter ordinance.Y. Junk. No junk should 'be kept or stored on any premises or property within the Township unless the keeping or storage of same is specifically by authorized the Township Board of Supervisors within the standards and regulations provided for by Pennsylvania law and Jenkins Township Ordinance Number 002-2012 as amended.Z. Junked Motor Vehicles. For any person to own or have stored upon their property any motor vehicle which is no longer in actual use for ü•ansportation or which is wholly unfit to be operated or has been discarded or otherwise abandoned. Failure of a motor vehicle to display a current valid registration plate and certificate of inspection is required by the vehicle code of Pennsylvania should constitute prima facie of proof that such vehicle is no longer in actual use for transportation purposes.

l) No disassembled, inoperable, unlicensed, junked, or wrecked motor vehicles, truck bodies, tractors, trailers, or appliances shall be stored or allowed to remain in the open upon public or private property, within the Township for a period exceeding five (5) days if upon public property, or for a period exceeding thirty (30) days if upon private property. Any business engaged in automotive sales or repair may retain such vehicles in the open, on private property, for a period not to exceed one year, after which such vehicles must be enclosed by a screening or live planting.

2) The phrase "disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers," as used in this section is defined as follows: motor vehicles or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways.

3) The term "unlicensed" as referring to motor vehicles, truck bodies, tractors or trailers as used in this ordinance shall be defined as follows: motor vehicles, truck bodies, tractors or trailers which do not bear lawful license plates.

4) The term "appliance" as used in this ordinance shall be defined as any stove, washer or refrigerator which is no longer repairable in the sense for which it was manufactured.

5) Storing or accumulating more than one (l) antique or collector motor vehicles for restoration neither sheltered by a building nor enclosed behind an evergreen or solid fence of a minimum height of eight (8') feet; or storing or accumulating in an unorderly fashion three or less antique or collector motor vehicles for restoration.

6) ABANDONED VEHICLES, ETC. No person shall have unattended any motor vehicle, trailer, semi-trailer or mobile home on public sü•eet, highway or public or private property, for such time and under such circumstances as to cause the vehicle to reasonable appear to have been abandoned. When any such vehicle has been left unattended on any street or highway or public or private property within Jenkins Township without the permission of the owner of the land for a period of more than seventy-two (72) hours, the vehicle is deemed abandoned and constitutes a public nuisance.

SECTION 3. Nuisances, including but not limited to the following, are hereby declared to be illegal:

Storing or accumulating the following:

l) Garbage or rubbish All property owners within Jenkins Township who allow their property to accumulate trash, litter, or rubbish.

2) Junk material (including but not limited to unused or abandoned machinery, equipment or appliances)

3) Other junk (including but not limited to any and all forms of waste and refuse of any type of material, including scrap metal, glass, industrial waste and other salvable materials

4) It shall be unlawful for any person, owner, or lessee to store, maintain or keep more than one disabled motor vehicle upon the private grounds (tract, parcel, lot) of such person, owner or lessee within Jenkins Township.

5) Drainage 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, wash stands, lavatories, water closets, swimming pools, privies or cesspools of any kind or nature whatsoever, or any other foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley in the Township into or upon any said highway, road, street, avenue, lane or alley; or from any property into or upon any adjoining property.

6) Drainage or flowing, or allowing to drain or flow, any water or drainage from within dwellings situate upon property along any public highway, road street, avenue, lane or alley in the Township into or upon the cartway or traveled portion of any said highway, road, street, avenue, lane or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch otherwise.

7) Drainage or flowing, or allowing to drain or flow, any water, motor oil, transmission fluid, antifreeze, or any type of fluid, from within a motor vehicle situate upon property along any public highway, road street, avenue, lane or alley in the Township into or upon the cartway or traveled portion of any said highway, road, street, avenue, lane or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.

8) Sandblasting, or spray painting cars in a residential area unless it is a property zoned and approved by the Jenkins Township Planning Commission and the Zoning Hearing Board.

9) Burning garbage, tires, or tar products.

10) 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.

I l) Refusing or failing to cut and destroy ragweed, chicory, thistle, golden rod, poison ivy, poison oak, sumac, or other similar vegetation which has grown above the height of twelve (12) inches.

12)Permitting or allowing any well or cistern to be or remain uncovered.

13) Interfering with the flow of a stream, creek or other waterway, by means of dam construction or otherwise.

14)Removing the embankment of a stream so as to alter the natural flow of the stream.

15)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.

16)All decayed, harmfully adulterated, or unwholesome food or drying sold or offered for sale to the public.

17)Carcasses of animal, fowl or fish not intended for human consumption or food which are not buried or otherwise disposed of in appropriate sanitary manner within 24 hours after the death of such animal, fowl or fish.

1 8) Accumulation of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flied, mosquitoes, diseasecarrying insects, rate or other vermin may breed.

19) Privy vaults and garbage cans which are not fly-tight.

20) A rate harborage where rates or other vermin can live and breed.

21) All stagnant water in which mosquitoes, flies or other insects can multiply.

22) A well pollution area where pollution from the premises entering the groundwater has caused a private or public drinking water well on another property to become contaminated.

23) A surface water pollution area where pollution from the premises entering the surface water has caused a private or public drinking water well on another property, or any river, stream, lake, ditch, canal or other body of water to become contaminated.

24) An air pollution area where emissions or smoke, soot, fumes, gases, ash, dust or other pollutants into the atmosphere repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of person or are allowed to cause injury to-persons or property.

25) A human burial area where a human body or bodies are buried outside ofan established cemetery.

26) A hazardous waste area where the discharge, storage or treatment of hazardous, nuclear or toxic waste are allowed to accumulate to the substantial annoyance or substantial discomfort of persons or allowed to cause injuryto persons or property.

27) A noxious material discharge area where the discharge, disposal, storage or treatment of noxious, filthy, decaying or nausea materials repulsive to the senses of ordinary person are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property.

SECTION 4. TREES AND SHRUBS:

It shall be the policy of the Jenkins Township Board of Supervisors to regulate and control the planting, transplanting, removal, maintenance, and protection of public and private trees and shrubs in th? Township in order to eliminate and guard against dangerous conditions which may result in injury to person using the streets, highways, alleys, sidewalks or property of the Township; to promote the beauty and general welfare of the Township; to protect trees and shrubs located in the public areas of the Township from undesirable and unsafe planning, removal, treatment and maintenance practices; and to control the spread of tree disease.

1. DEFINITIONS:

"Bush" or "Shrub": a low-spreading woody plant with several permanent stems.

"Tree": a woody perennial plant with one main stem or trunk having a diameter of at least two inches, one foot above the ground, and which is capable of attaining a height in excess often (10) feet above the ground.

"Public trees and shrubs": all trees or shrubs planted, or on any park or other property owned or controlled by the Township, or on any street, highway, alley, sidewalk within the right-of-way, including terrace trees and shrubs, but excluding school sites.

2. No person shall plant any bush, shrub or tree in any public easement, street, road, alley, highway, or terrace.

3. TRINIMTNG.• The owner or occupant of any private property shall keep all trees standing on such property so frimmed that no bough or branch thereof Shall hang 'lower than eight (8) feet above the surface of a public sidewalk, or fourteen (14) feet above the surface of the sü•eet, highway, alley fraveled by vehicles. Shrubs shall be trimmed so that they do not overhang any street, alley, highway, or sidewalk. The owner or occupant of any private property shall remove cause to be removed any dead tree or dead or bF0ken bough or branch a free standing on such private property and overhanging any public street, road, alley, sidewalk or highway.

4. DAMAGE TO TREES AND SHRUBS ON PUBLIC PROPERTY. No persons shall maliciously injure any frees growing on any public street road, alley, or highway or impede the free passage of water or air to such trees. Similar provisions apply to trees and shrubs located on public parks and other public property.

5. No person shall remove or cause to be removed any tree or shrub from any public property..

6. The owner or occupant of any private abutting on any public property may himself maintain and protect any tree standing on such public property at his or her own risk and where no objection has been voiced by any Township Supervisor or Chairperson, providing in doing so there in compliance with provisions, of this ordinance.

7. All trees, hedges, billboards, or other obstructions which prevent persons, driving vehicles on public streets, alleys, or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. Any such obstruction which falls within a vision clearance triangle extending 25 feet horizontally along each street line from their intersection and within a vertical clearance of 6 feet shall be presumed to be a violation of this subsection.

8. All limbs of trees which project over and less than 8 feet above the surface of a public sidewalk, or 14 feet above the surface of the portion of the sfreet, highway or alley traveled by vehicles.

9. The use or display of fireworks except as provided by the State of Pennsylvania and ordinances of Jenkins Township.

10. All buildings or structures so old dilapidated or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use or occupancy.

l l . All wires over streets, alleys, highways, or public grounds which are strung less than 15 feet above the surface thereof.

12. All obstruction of streets, alleys, highways, sidewalks, or crosswalks and all excavation in or under same, except as permitted by the ordinances of Jenkins Township, or which although made in accordance with such ordinances, are kept or maintained for unreasonable or illegal length of time after the purpose thereof has been accomplished.

13. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley, highway, or sidewalk.

14. All abandoned refrigerators or iceboxes from which the doors and other coves have not been removed or which are not equipped with a device for opening from the inside.

15. Repeated or continuous violations of the ordinances of Jenkins Township or Pennsylvania Statutes relating to the use or storage of flammable liquids.

16. All owners of property located within a residential district of Jenkins Township who fail to keep their premises free of litter Debris, trash, or rubbish.

17. "Litter" as used in this ordinance includes, but is not limited to, trash and wastepaper lying scattered about, and an untidy accumulation of objects of any kind.

18. "Trash" as used in this ordinance includes, but is not limited to, some thing or object worth little or nothing, or some thing or object in a crumbled, broken or inoperable condition.

19. "Rubbish" as used in this ordinance includes, but is not limited to, waste materials and refuse of every character and kind, collected and/or accumulated.

SECTION 5. Trees Along Public Ways

Definitions.

As used in this Article, the following terms shall have the meanings indicated:

DANGEROUS TREE:l . When a tree, because of its growth and/or location, creates a danger to the general public, pedestrians, motor vehicle traffic or properties; or

2. When a tree, because of its damaged and/or diseased condition, creates a danger to the general public, pedestrians, motor vehicle traffic or properties.

PERSON

Includes any natural person, partnership, association, firm or corporation.

SECTION 6, Clearance above street and sidewalk.

Every owner of property in the borough shall be required to keep limbs and branches of all trees growing upon such property or along the street, sidewalk, curb or alley abutting such property trimmed so that such limbs or branches or the foliage growing thereon shall have a clearance of at least eight (8) feet above the surface of the sidewalk or at least fourteen (14) feet above the surface of the roadway, street or alley.

SECTION 7. Notice to trim and maintain trees; failure to comply.

A. Upon notice from a borough code enforcement official to trim and maintain trees as described in ss 295-2 of this Article, the real property owner shall, within twenty (20) days of such notice, trim and maintain the trees. Any person failing to comply with such notice within the time limit shall be guilty of a violation of this Article.

B. Upon the failure of the property owner to trim and maintain the trees, the borough shall have the authority to cause the work required to be done by borough personnel or to contract with third parties and to collect for the cost of such work, plus ten percent (10%), from the property owner. The amount due the borough for such work shall become a lien against the real estate where the tree is located.

SECTION 8. Responsibility to remove dangerous trees.It shall be the responsibility of the real property owner to remove all dangerous trees located on his or her property and along the streets, alleys or sidewalks abutting such property.

SECTION 9. Notice to remove dangerous trees; failure to comply.A. Upon notice from the borough code enforcement official to remove the dangerous tree, the real property owner shall, within thirty (30) days of such notice, remove the dangerous tree. Any person failing to comply with such notice within the time limit shall be guilty of a violation of this Article.

B. Upon default of the property owner to remove the dangerous tree, the borough shall have the authority to remove the dangerous free by borough personnel or to contract with third parties and to collect for the cost of such work, plus ten percent (10%), from the property owner. The amount due the borough for such work shall become a lien against the real property where the tree is located.

SECTION 10. AIR POLLUTION.

No person shall emit, cause to be emitted, or permit to escape, into the open air, any contaminant of a quantity which will violate any provision of this Ordinance; could be harmful to the health, safety, or welfare of the general public; or would violate any other local, state, or federal statute, ordinance, rule or regulation. Unless otherwise stated or recommended, the measurement of emitted contaminants shall be at ground level or habitable elevation, and shall be the average of any twenty-four (24) hour sampling period.

B. No person shall operate or maintain or permit to be operated or maintained any appliance/equipment, installation, or device which by reason of its operation or maintenance will

discharge contaminants to the air in excess of the limits prohibited herein, unless the owner installs and maintains in conjunction therewith such control appliance/equipment as will prevent the emission of these contaminants in a quantity or of a quality that will violate any provision of this Ordinance.

c. Smoke

l . No person shall emit, cause to be emitted, or permit to escape into the open air from any combustion unit or incinerator smoke with a shade darker than No. on the Ringelmann Chart as published by the US. Bureau of Mines, except smoke of a shade equal to but not darker than No. 2 on the Ringelmann Chart may be emitted for a period or periods aggregating four (4) minutes in any one (l) hour period.

2. The provisions listed above in Subsection C.I shall also apply to visible smoke of a color other than gray but with an equivalent apparent opacity,

D. No person Shall cause or allow the transmission of any dust, dirt, fly ash, fumes, vapors, gases, or liquid or solid particles over the lot lines of the source of such substance, where the transmitted substance can cause damage to human health, animals, vegetation, or property; can cause the soiling or staining of persons or property; or would annoy or disturb the comfort and/or repose of any persons in the vicinity.

E. Specific Contaminants. All regulations set forth in Title 25, Chapter 12.3 of the Pennsylvania Code, as amended, concerning specific contaminants, including but not limited to fugitive emissions, particulate matter emissions, sulfur compounds, odors, visible emissions, nitrogen compounds, NOX compounds, and mercury, must be complied with.

F. Toxic Materials.

l.There shall be no release of airborne materials across lot lines tha.t exceed the current Ambient Air Quality Standards for the Commonwealth of Pennsylvania, 25 Pa. Code. 131.1 et seq., as amended.

2. There shall be no release of any substance across lot lines that exceeds one-tenth (1/10) of tier one of the Acute Exposure Guideline Levels ("AEGLs") for any exposure duration as developed by the National Advisory Committee of the National Research Council. If no AEGIS exist for the substance released, then the release Shall not exceed one-tenth (1/i0) of tier one of the Emergency Response Planning Guidelines ("ERPGs") as developed by the Emergency Response Planning Committee of the American industrial Hygiene Association. If no AEGLs and ERPGs exist for the substance released, then the release shall not exceed one-tenth (1/10) of tier one of the Temporary Emergency Exposure Limits ("TEELs") as developed by the United States Department of Energy Subcommittee on Consequence Assessment and Protective Actions. If no AEGLs, ERPGs, or TEELs exist for the substance released, then the release shall not exceed one-tenth (1/10) of the Immediately Dangerous to Life and Health ("IDLFs") limits developed by the National Institute for Occupational Safety and

Health, the Threshold Limit Values ("TL Vs") developed by American Conference of Governmental Industrial Hygienists, the Recommended Exposure Limits developed by the National Institute fot Occupational Safety and Health, or the Permissible Exposure Limits ("PELs") developed by the Occupational Safety and Health Administration, whichever is most applicable.

F. Any action taken or activity conducted in violation of this Section is hereby declared to be a

public nuisance.

SECTION 11. ANIMAL WASTE.

No person, having possession, custody or control of any animal, shall knowingly .or negligently permit any dog or other animal to defecate or urinate upon any gutter, street, driveway, alley, curb or sidewalk in the Township, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or any other public property, or upon any private property other than the property of the owner of such animal.

B. Any person having possession, custody or control of any dog or other animal which defecates in any area other than the private property of the owner of such dog or other animal, as prohibited in Subsection A above shall be required to immediately remove any from such surface and either:

1. Carry same away for disposal in a toilet.

2. Place same in a non-leaking container for deposit in a trash or litter receptacle.

c. Any person having possession, custody or control of any dog or other anima} which urinates upon any impervious surface located outside of the private property of the owner off such dog or other animal, as prohibited in Subsection A above shall be required to immediately wash any urine from such surface to area where it can be absorbed into the ground or wipe any urine from such surface and place the urinesoaked materials in a non-leaking container for deposit in a trash or litter receptacle.

D. The provisions of Subsections As, and C. above shall not apply to the

following:

1. a guide dog accompanying any blind persons, or to any animal used 10 assist any other physically disabled person;

2. animals used in any police or fire activities of the Township;

3. where the owner of the animal has the prior permission of the owner of the property being defecated or urinated upon to use the property in that way;

4. horses or ponies while on public property; or

5. any farm animal involved in agricultural operations.

E. any action taken or activity conducted in violation of this Section is hereby declaredto be a public nuisance.

SECTION 12. BURNING.

No person shall cause, allow, permit, or maintain any outdoor fire, bum, bonfire, trash fire, or the open burning of brush, leaves, tree branches or yard trimmings, except as otherwise permitted by this Section, any action taken or activity conducted in violation of this Section is hereby declared to be a public nuisance.

B. Burning prohibited:

1. The open burning of the following at any time in any area of the Township, unless this burning fans under one of the permitted categories listed below: inorganic material, trash, books, magazines, newspapers, cardboard and/or any item required to be recycled in the township, drywall, plastic products including buckets, etc., insulation material, upholstered furniture, garbage, dead animals, human and animal excrement, human and animal hair, rubber products including tires, hydrocarbon products or flammable liquids, asphalt or tar shingles or roofing materials, foam rubber, nylon, rayon, cotton, wool, polyester or other synthetic material and insulation from copper or other wiring, and/or solid waste.

2. Any burning or open burning, of any material or in any manner, which is prohibited by the statutes, regulations, and/or rules of the Commonwealth of Pennsylvania.

3. Any open burring set to clear land or lots for building, construction, or to dispose of organic material from building/construction, or to dispose of construction/demolition waste.

4. The open burning of, or the accumulation, reception, or acceptance for open burning of, any materials originating on, transferred from, or moved from the land of other person.

5. The burning of any material that causes, creates, or results in violations of any Township Ordinance, rule, or regulation, including but not limited to violations of other Sections Of this Ordinance involving air or water pollution, glare, heat, or odors.

c. Burning allowed by permit. A Controlled Burn Permit from the Township is required

as a prerequisite to any burning under this Subsectionl . Any open burning set to

prevent a fire hazard.

1. Any fire set for the purpose of training and instructing authorized personnel in firefighting when approved by the Pennsylvania Department of Environmental Protection.

2. Any open burning utilizing only organic material as fuel and set solely for organized recreational or ceremonial purposes on public property.

3. Any open burning set for the prevention and control of disease or pests when approved by the Pennsylvania Department of Environmental Protection's Regional Air Quality Program Office.

4. Any open burning set to keep persons warm at a public gathering or other outdoor function when, in the Township's opinion, it does not create a fire hazard. Fire must be contained in a noncombustible container and only organic material is to be burned.

5. Any fire set for the purpose of protecting the public health.

D. Burning allowed by rights unless otherwise prohibited by this (Ordinance:

1. Any open burning set in conjunction with an agricultural operation on the premises of that operation.

2. Any personal or open burning utilizing only organic material as fuel and set solely for recreational or ceremonial purposes on private property.

3. Any personal or open burning, including the use of grills or barbecues, specifically and solely set/used for the outdoor cooking of food.

4. Any open burning set to prevent or abate a fire hazard, when set by or under the supervision of the Township and/or the local fire company.

E. When burning is allowed by right or by permit under this Ordinance, the following regulations shall be met:

1. All open burnings shall be setback at least 50 feet from any building, structure, vehicle, fuel tank, or any combustible materials not intended to be burned. No open burning Shall be conducted closer than 25 feet to any property line nor within 50 feet of the right-of-way of any street, road, or other public or private way. All open burnings shall be placed so as to prevent the spread of fire to within any of these setbacks.

2. All personal burnings shall be setback at least twenty-five (25) feet from any building, structure, vehicle, fuel tank, or any combustible materials not intended to be burned and setback at least ten (10) feet from any property line or right-of-way of any street, road, or Other public or private way. All

personal burnings shall be placed so as to prevent the spread of fire to within any of these setbacks,

3. Personal burnings set in approved containers, metal or stone fire pits, and chimneys, shall be setback at least fifteen (15) feet from any building structure, vehicle, fuel tanks or any combustible materials not intended to be burned and setback at least ten (10) feet from any property line or right-of-way of any street, road, or other public or private way. These requirements do not apply to charcoal grills and other open flame cooking devices, all such burnings shall be placed so as to prevent the spread of fire to within any of these setbacks.

4. All fires and burnings shall be conducted so as not to create a fire hazard.

5. All fires and burnings must be guarded or attended to by one or more responsible persons over the age of 18 years old at all times until such fire and/or open burning has been extinguished.

6. For all burnings, a water hose attached to an operable water faucet, equipment capable of covering the fire with earth, or other suitable extinguishment equipment must be located near the fire

and ready for immediate use in extinguishing the fire. If used, a water hose must be of sufficient length to extend at least 15 feet beyond the use of the fire.

7. No burning Shall be permitted at any time or in any location that causes a nuisance or annoyance to other persons or property due to heat, flame, fly-ash, sparks, smoke, or odor, Agricultural-related burnings and burnings set to prevent or abate a fire hazard are exempt from this restriction.

8. All agricultural related burnings are allowed unless they create a fire hazard that directly threatens the health or safety of other persons or property or violate the International Fire Code, as adopted by the Township.

The Township may ban all burning and/or suspend the regulations set forth in this Section at any time and from time to time when it determines that any of the following conditions exist:

a. The proposed or existing burning, or the smoke, embers, and/or ash emissions therefrom, may cause damage to property or vegetation located upon adjacent lands and/or endanger the public.

b. Smoke, embers, and/or ash emissions from the proposed or existing burning may be offensive, objectionable, or deleterious to human or animal health.

c. Dry conditions, high winds, weather inversion, or drought.

G. Outdoor fireplaces and outdoor cooking grills. Outdoor fireplaces and outdoor cooking gills shall be permitted upon private property within all areas of the Township solely for the purpose of cooking foods or temporarily providing radiant heat in an outdoor area. The following regulations shall apply:

1. No person shall use outdoor fireplaces or outdoor cooking grills for the burning of materials listed in Subsection B. I of this Ordinance.

2. Outdoor fireplaces or outdoor cooking grills shall not be used in a way that creates a fire hazard.

3. Outdoor fireplaces or outdoor cooking grills shall not be used indoors or in any enclosed area that is not property ventilated.

Controlled Burn Permits. All Permits required under any provisions of this Section shall be issued in accordance with the Intonational Fire Code adopted by the Township and currently in effect, subject to the following provisions:

1. The applicant shall complete the Permit Application in full and pay the fee for the Permit. This fee shall be set by resolution of the Board of Supervisors from time to time.

1. Before a Permit is issued, inspection may be made by the Township to assure that the use of the Permit will comply with the provisions of this Section and the Intonational Fire Code.

2. The Permit holder shall comply with all Township ordinances, rules, and regulations and shall follow and abide by ail determinations and directives of the Township regarding the issued Permit and the burn/fire.

3. The Township may impose conditions and/or restrictions upon the issuance of the Permit to ensure the safety of persons and property. These conditions/restrictions shall be set forth in writing upon the Permit and may include, but not be limited to, the following:

a. requiring the presence of firefighting personnel and/or apparatus at the time of the burning;

b. regulating the timing and duration of the burning and the effective time period ofthe Permit;

C. specifying a location ofthe burning and/or the nature of the noncombustible container required for the burning; and/or

d. specifying weather conditions which must prevail during the

burning.

SECTION 13. GRAFFITI.

Prohibitions against graffiti

1. It shall be unlawful for any person to apply graffiti upon or otherwise deface any natural or manmade surface on any public or private property, without the permission of the owner of that property.

2. It shall be unlawful for anyone to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure or while within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure, unless otherwise authorized by the Township.

3. All sidewalks, walls, buildings, fences, signs, and other structures or surfaces shall be kept free from graffiti that is visible from the street or other public or private property.

B. Graffiti as a public nuisance

l. The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Ordinance.

2. It is the duty of the owner of the properly to which the graffiti has been applied 10 keep the property clear of graffiti at all times-

C. Removal of graffiti

1. Removal by the perpetrator. Any person applying graffiti on public or private property shall be responsible for the removal of this graffiti and/or the cost of the removal of this graffiti. The perpetrator shall remove this graffiti within twenty-four (24) hours of receiving notice from the Township or the owner of the property to remove the graffiti. Such removal shall be done in a manner prescribed by the Township, Failure by the perpetrator to remove the graffiti or pay for its removal shall constitute an additional violation under this Ordinance. Where graffiti is applied by a minor, the parents or legal guardian shall be responsible for such removal or for the payment for the removal,

2. Property owner responsibility.

Ifthe graffiti is not removed by the perpetrator according to the .Subsection C.I. above, the graffiti shall be removed by the owner of the property.

B. It is unlawful for any person who is the owner of property to permit property that is defaced with graffiti tn remain defaced for a period often (10) days after service of Notice of Removal from the Township. The Notice shall contain the following provisions:

1. The street address and legal description of the property

sufficient for identification of the property;

2. A statement that the property is a potential graffiti nuisance with a concise description of the conditions leading to the finding

3. A statement that the graffiti must be removed within ten (10) days after the receipt of the Notice and that if the graffiti is not abated within that time the Township will declare the property to be a public nuisance and issue a Citation against the property and the responsible parties.

4. These removal requirements shall not apply if the Board of Supervisors determines that the property owner lacks the ability and financial wherewithal to remove the graffiti.

3. If a person neglects, fails, or refuses to comply with a Notice of Removal within the required period of time, the Township may remove the graffiti itself to bring the property into compliance with this Section. The cost of these measures, a penalty equal to ten percent (10%) of this cost, and all legal expenditures, including attorneys' fees and court costs, shall be collected by the Township from the owner of the property and/or the person responsible for the nuisance, in any manner provided by law, including, but not limited to, the filing of a municipal claim against the property.

SECTION 14. GLARE.

A. No person shall carry on or permit any use, operation, or activity that would produce glare beyond the property line of the lot on which the use, operation, or activity is situated on (e.g. from unshielded bulbs, welding, floodlights, high intensity flashlights, or lasers).

B. Any use, operation, or activity producing glare shall be performed within an enclosed structure or behind adequate shielding so as not to annoy or disturb other persons in the vicinity.

c. No person shall allow any light to trespass upon a neighboring property that causes annoyance or disturbance to the owners or occupants ofthis property and that violates the requirements set forth in the following Table. All measurements shall be taken at grade in Horizontal Foot candles.

MAXIMUM MAINTAINED ILLUMINANCE LEVELS PERMITTED AT PROPERTY LINES*

Zoning District o property receiving light

Maximum maintained illuminance level permitted at street line

Maximum maintained illuminance level permitted at non-street property lines

AP 0.3 0.1

R-3, VR-I. VR.2, c. 1 0.8 0.5

co 2.0

1.0

* The maximum maintained illuminance levels required under this Table shall be reduced by between the hours 1:00 pm and 6:00 am Sunday through Thursday nights and between the hours of 12:00 pm and 8:00 Friday and Saturday nights and nights preceding national holidays.

D. Outdoor illumination

I All outdoor illumination shall be designed, installed, diffused, and/or shielded in such a manner as to not create any hazardous situations for passing vehicular traffic cause annoyance or disturbance to other persons in the vicinity.

2. All outdoor illumination Shall be designed, installed, diffused, and/or shielded in such a manner as to not create glare.

3. No outdoor illumination shall be permitted to shine directly onto neighboring properties.

4. All outdoor illumination shall be designed, installed, diffused, and/or shielded in such a manner as to minimize light pollution and sky glow.

E. Any action taken or activity conducted in violation of this Section is hereby declared to be a public nuisance.

SECTION 15. HEAT.

A. No use, operation, or activity Shall produce heat that is perceptible at the property line ofthe lot on which the use, operation, or activity is situated.

B. Any uses operation, or activity producing heat that could be perceptible at the property line shall be performed within an enclosed structure or behind adequate shielding so as to not annoy or disturb other persons in the vicinity.

c. Any action taken or activity conducted in violation of this Section is hereby declared to be a public nuisance.

SECTION 16. LITTER.

A. It shall be unlawful for any person to throw, drop, discard, or otherwise place trash of any nature upon any public or private property, other than in a receptacle provided by the Township or by the owner of the property.

B. It shall be unlawful for any person to throw, drop, discard, or otherwise place trash of any nature upon or within any sewer inlet, pond, creek, watercourse, or other body of water within the Township.

c. No person, while a driver or passenger in a vehicle on a street, road* highway, or public place shall throw trash or allow trash to be thrown from the vehicle.

D. No person shall drive or move any truck or other vehicle onto any street, road, highway, or public place unless the vehicle is so constructed or loaded as to prevent any the contents thereof from being blown or deposited from the vehicle upon any private or public properly,

E. Any action taken or activity conducted in violation of this Section is considered littering and hereby declared to be a public nuisance.

F. Nothing in this Section shall prohibit any person from setting out trash in appropriate containers for collection by the Township or other authorized collector.

G. Removal of litter

H. Removal by the perpeffator. Any person littering on public or private property Shan be responsible for the removal of this litter or for the payment of the removal of this litter. The perpetrator shall remove this litter within twenty-four (24) hours of receiving notice to remove the litter from the Township or the owner of the property involved. Such removal shall be done in a manner prescribed by the Township. Failure by the perpefrator to remove the litter or to pay for its removal Shall constitute an additional violation under this Ordinance. Where the littering was perpetrated by a minor, the parents or legal guardian shall be responsible for such removal or for the payment for the removal.

1. Property owner responsibility.

If the litter is not removed by the perpetrator according to Subsection G. I. above, the litter shall be removed by the owner of the property.

B. It is unlawful for any person who is the owner of property to permit litter to remain upon the property for a period of more than five (5) days after service of Notice of Removal from the Township. The Notice shall contain the following provisions:

l . The street address and legal description of the property sufficient for identification of the property;

2. A statement that the property is a potential litter nuisance with a concise description of the conditions leading to this finding; and

3. A statement that the litter must be removed within five (5) days after the receipt of the Notice and that if the litter is not abated within that time the Township will declare the property to be a public nuisance and issue a Citation against the property and the responsible patties.

c. These removal requirements shall not apply if the Board of Supervisors determines that the property owner lacks the ability and financial wherewithal to remove the fitter.

If a person neglects, fails, or refuses to comply with a Notice of Removal within the required period of time, the Township may

remove the litter itself to bring the property into compliance with this Section. The cost of these measures, a penalty equal to ten percent (10%) of this cost, and all legal expenditures, including attorneys' fees and court costs, shalt be collected by the Township from the owner Of the property and/or the person responsible for the nuisance, in any manner provided by law, including, but not limited to, the filing of a municipal claim against the property.

SECTION 17. NOISE.

The following provisions shall apply to all noise originating within the boundaries of the Township. The receiving districts are identified by reference to the Jenkins Township Zoning Map.

B. Maximum Permissible Sound Levels by Receiving District. No persons shall create, cause, permit, or facilitate the creation of any noise, nor operate or permit the operation of any vehicle or appliance/equipment that causes or creates any noise, in such a manner as to create a sound level which exceeds the limits set forth in Tables I and 2 below. Sound levels exceeding the limits set in these Tables are hereby declared to be a public nuisance.

C. Tables I and 2 describe the maximum sound level allowed to cross any property boundary within or bordering the specified Zoning District. Noises that exceed the applicable sound level for that receiving Zoning District are prohibited. The sound level shall be measured from any point on or beyond the boundary line of any adjacent property using the test procedures established under this Ordinance.

TABLE -Maximum Continuous Levels Within Receiving Distri ct

AP 60 dBA SO dBA

VR-I, VR-2, & 65 (IBA 55 dBA

65 dBA co & I 75 dBA

TABLE 2 Maximum Impact Sound Levels Within Receiving District

70 dBA 60 dBA

VRO, & c,-l 75 dBA

85 dBA 75 dBA

I. Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and .procedures shall conform to the latest approved standards as published by ANSI or its approved equivalent.

2. Sound Measurements, Noise shall be measured with a calibrated, Type Il sound level meter having an A-weighted filter constructed in accordance with specifications of the ANSI and accepted in the trade as being of average quality and sensitivity. Impulsive sounds shall be measured using the "fast" meter characteristic of the Type Il meter, meeting the IEC-651 and ANSI S 1.4 Type 2 Specification. The sound level meter shall be operated in accordance with the manufacturer's instructions and Shall be calibrated with each use. When appropriate, readings shall be taken in such a way that traffic noise is factored into the reading.

3. Correction for Character of Sound. For any source of sound, which emits a pure tone, the

maximum sound level limits set forth in Tables I and 2 above shall be reduced by 5

dBA.

4. Noise Sensitive Zones. The property upon which any church, hospital, school, library, day care, rehabilitation Center* sanitarium, nursing home, convalescent home, or home for the aged is located shall be designated a "Noise Sensitive Zone." The measure of the dBA level at the boundary line of any such "Noise Sensitive Zone" shall comply with the general sound standards set forth in this Section except all dBA ratings shall be lowered by a factor of 15 dBA for computation purposes.

D. Excessive Noise Prohibited. In addition to the above, it is hereby declared to be a public nuisance and shall be unlawful for any person to make, cause, suffer, or permit to be made or caused upon a property owned, occupied, or controlled by him and/or upon any public property in the Township any excessive noise, by means of vehicles, machinery, appliances/equipment (including sound amplification equipment and musical instruments), or by any other means or methods.

E. Special Prohibitions. The following is expressly prohibited:

J..Possessing, harboring, or keeping an animal that makes any noise continuously and/or persistently for a period of 15 minutes or more, in such a manner as to disturb or annoy any person at any time of the day or night, regardless of whether the animal is situated upon private property.

2.Using, operating, playing, or permitting the operation or playing of any radio, television, audio equipment, sound amplifier, musical instrument, or other such device in such a manner as to cause disturbance and/or annoyance to persons in the vicinity.

3.Using, operating, or permitting the use or operation of any horn. bell, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to a vendor's wares, trade, Of calling, or to any building or structure. This prohibition does not apply to ice cream vendors between the hours of 10 am, and 10 p.m., so long as the noise created by the vendor to advertise his or her presence does not exceed 80 dBA fifty (50) feet from his or her vehicle.

4.Repairing, rebuilding, modifying, testing, or operating a vehicle or powered model vehicle in such a manner as to cause disturbance and/or annoyance to persons in the vicinity.

5.Operating or permitting the operation of any vehicle or any auxiliary appliance/equipment attached to such vehicle for a period of longer than five (5) minutes in an hour while the vehicle is stationary and idling. Idling due to traffic congestion and/or emergency work shall not constitute a violation of this Subsection.

6.Operating vehicles on public or private property in such a manner that the sound level emitted by the vehicle is disturbing or annoying any person at any time of the day or night. No person shall modify or change the exhaust muffler, intake muffler, or any other noise abatement device of a vehicle so that the noise level is increased above that emitted by the vehicle as originally manufactured. The following is specifically declared to constitute a public nuisance:

a. Operating a motorcycle along public or private rights-of-way with a muffler that fails to meet the requirements set forth in the Pennsylvania Motor Vehicle Inspection Law.

b. Operating any vehicle along public or private right-of-way that emits sound in excess of 86 decibels at any time.

7. Sounding any horn or signaling device on any vehicle on private or public property except. as danger warning; creating, by means of any such signaling devices any unreasonable loud or harsh sound; or the sounding of any such device for any unnecessary or unreasonable period of time.

8. Yelling, shouting, hooting, whistling, or singing at any time that annoys or disturbs the quiet, comfort, and/or repose of persons in any dwelling, hotel, or other type of residence, or any persons in the vicinity. Yelling, shouting, hooting, whistling, or singing on public property, between the hours of I I p.m. and 7 a.m. is specifically prohibited.

9. Operating or permitting the operation of any mechanically powered saw, chain saw, drill, sander, grinders tool, snow blower, lawn or garden tool/equipment, or similar device used out of doors or in an open structure between the hours of 9 p.m. and 7 a.m. in such a manner as to cause disturbance and/or annoyance to persons in the vicinity.

Construction Activities. No construction work, blasting, demolition, excavating, extraction of stone, or related activities shall take place after dusk or 7:00 p.m., whichever is earlier, or before dawn or 7:00 a.m., whichever is later, on any day of the week. Any construction work or related activity that creates excessive noise ånd/or disturbs the surrounding neighborhood, such as the running or operation of appliances/equipment and machinery, drilling, blasting, hammering, etc., shall be prohibited prior to 7:00 a.m. or after 6:00 p.m. on weekdays and prohibited entirely on weekends and Federal holidays.

G. Exceptions. The restrictions set forth in this Section above shall not apply to any of the following noise sources:

1. Vehicles, appliances/equipment, or hand tools used in conjunction with agricultural activities.

2. Bells, chimes, and carillons used for religious purposes or in ,conjunction with national celebration or public holidays.

3. Public gatherings, performances, recreational and athletic events, and the like conducted by or permitted by the Township.

4. Emergency work performed to protect public health or safety, including fire protection, protection from flood or other disasters, and work performed to provide electricity, water, or other public utilities when public health or safety is involved.

5. All safety signals and warming devices (e.g., intrusion alarms, backup alarms on trucks).

6. The emission of sound for the purpose of alerting persons to the existence of an emergency and all warning devices on authorized emergency vehicles when responding to emergencies (e.g., police, fire, ambulance sirens or any other device used to alert persons to an emergency or used during the conduct of emergency work).

Vehicles and appliances/equipment used in the case of an emergency and snow removal, along with any related activities.

8. Operating or permitting the operation of any mechanically powered saw, chain saw, drill, sander, grinder, tool, snow blower, lawn or garden tool/equipment, or similar device used out of doors or in an open structure between the hours of 7:00 a.m. and 9:00 p.m., provided such are operated within the manufacturer's specifications, with all standard noise reducing equipment in use and unmodified, and in proper operating conditions. In all cases, the operation of any such piece of equipment that results in the emission of sound in excess of 85 decibels is strictly prohibited.

9. Construction equipment being used on a specific, Township approved and permitted, short term construction, demolition, or repair project (such as constructing a building; constructing, repairing, or cleaning a road; or drilling a well) between the hours of 7:00 a.m. and 6:00 p.m. on a weekday for the duration of the project. This equipment must be operated within the manufacturer's specifications and with all standard noise reducing equipment in use. unmodified. and in proper operation condition.

SECTION 18. NOXIOUS WEEDS.

Any grass, weed, or other vegetation growing upon private property in violation of any of the provisions of this Section is hereby declared to be a nuisance and detrimental to the health, safety, welfare, and comfort of the general public.

B. No property owner Shall permit any grass, weeds, or other vegetation not edible or planted for some useful or ornamental purpose, to exceed a height of eight (8) inches within two hundred (200) feet of any habitable structure or building.

c. No property owner shall permit any noxious vegetation prohibited by the Noxious Weed Confrol Law (3 P.S. 5255.1 et seq.), as amended or by regulations of the Pennsylvania or United States Departments of Agriculture to propagate and/or spread within the Township including, but not limited to, the following:

Cannabis sativa, commonly known as Marijuana

Cirsium arvense, commonly known as

Canadian thistle

Rosa multiflora, commonly known as Multiflora rose

Sorghum halepense, commonly known as Johnson grass

Polygonum perfoliatum, commonly known as Mile-a-minute

Pueraria robata, commonly known as Kudzu-vine

Cirsiurn vulgate, commonly knovvn as Bull or Spear Thistle

Carduus nut.ans, commonly known as Musk or Nodding Thistle

Sorghum bicolor, commonly known as Shattercane

Datuca stramonium, commonly known as Jimsonweed

Lythrum salicaria, commonlyas Purple Loosestrife (an cultivars)

Heracleum mantegazzianum, commonly known as Giant Hogweed

Galega officinatis, commonly known as Goatsrue

Chicory succory, or blue daisy

D. The owner of any premises shall remove, trim, or cut all grass, weeds, or other vegetation growing or remaining on such premises in violation of the provisions of this Section.

E. Failure to Comply with this Section.

l . If any person fails to comply with the provisions of this Section, the Township shall issue a Notice of Removal, by personal service or

by United States Mail, to the owner of the property in violation of this Section. This Notice shall direct and require such owner to remove, trim, or cut such grass, weeds, or vegetation so as to conform to (he requirements of this Section within five (5) days after receipt of such Notice.

2. Whenever, in the judgment of the Township, it Shall appear to be impractical to give a Notice of Removal via personal service or mail, either because the owner cannot readily be found or because a search for the owner would entail unreasonable delay, the Township may post the Notice conspicuously on the property where such violation exists. This Notice shall direct and require the owner to remove, trim or cut such grass, weeds, or vegetation so as to conform to the requirements of this Section within ten (10) days of the posting ofthe Notice.

3. If a person neglects, fails, or refuses to comply with a Notice of Removal within the required period. of time, the Township may remove, trim, or cut of the grass, weeds, and/or vegetation itself to bring {he property into compliance with this Section. The cost of these measures, a penalty equal ta ten percent (10%) of this cost, and all legal expenditures, including attorneys" fees and court costs, shall be collected by the Township from the property owner in any manner provided by \aw, including, but not limited to, the filing of a municipal claim against the property.

4. These removal requirements shall not apply if the Board of Supervisors determines that the property owner lacks the ability and financial where withal to maintain and/or control the vegetation on his property in compliance with this Section.

SECTION 19. ODORS.

There shall be no release or emission of any offensive and objectionable odor in such quantities or concentrations as to be detectable at any point on or beyond the boundary line of the lot from which this odor is being emitted.

B. All businesses and commercial and industrial operations shall employ all the current best management practices including all reasonably available technology, standards, and strategies to manage odors created by and/or emanating from their operations or activities.

c. All uses, operations, activities, and processes that release or emit odors shall be conducted in full compliance with the applicable state and federal statutes, rules, and regulations. Odor Management Plans, where required, shall be prepared and followed.

SECTION 20. RADIOACTIVITY AND ELECTROMAGNETIC RADIATION.

No person shall engage in any use, activity, or operation that involves or causes the emission of radioactive particles or substances that could pose a threat

to the health, safety, or general welfare of the public and/or unreasonably interferes with the use, comfort, and enjoyment of another's property, This prohibition does not apply to those persons, uses, and/or activities fully and completely licensed and/or permitted by all the appropriate governmental entities to use such radioactive materials, so long as these materials are used, handled, and disposed of in conformance with the granted licenses and permits and all local, state, and federal statutes, ordinances, rules, and regulations.

B. No person shall engage in any use or activity or employ any vehicle or appliance/equipment that creates and/or emits enough electromagnetic radiation so as to interfere with the use and/or operation of any other person's vehicle or appliance/equipment; unreasonably interfere with the use, comfort, and enjoyment of another's property; and/or endanger the health, or welfare of the public.

SECTION 21. VIBRATION.

Section 22. WATER POLLUTION.

No person or use shall store upon the ground and/or discharge into a body of water or allow such storage or discharge any contaminant of a quantity which will violate any provision of this Ordinance; could be harmful to the health, safety, or welfare of thd general public; or would violate any other local, state, or federal statute, ordinance, rule or regulation.

B. No person or use shall operate or maintain or permit to be operated or maintained any appliance/equipment, installation, or device which by reason of its operation or maintenance will discharge contaminants directly onto the ground or into a body of water in excess of the limits proscribed herein, unless this person or use installs and maintains in conjunction therewith such control equipment as will mitigate the discharge of these contaminants to the extent that all provisions of this Ordinance are met

C. No person or use shall cause or allow the discharge of any trash, dust, dirt, fly ash, fumes, vapors, gases, or liquid or solid particles into a body of water, where the discharged substance can cause damage to human health, animals, vegetation, or property; can cause the soiling or staining of persons, property, or the water itself; or would annoy or disturb the quiet, comfort, and/or repose of any persons in the vicinity.

D. No substance that can contaminate a body of water or otherwise render such body of water undesirable as a source of water supply, or that can destroy aquatic life shall be allowed to enter any body of water. Nor Shall any such substance be deposited upon a lot in such form or manner that it may be transferred off the lot by natural causes or forces,

E. All discharges to a body of water shall meet the following quality levels. Where the Pennsylvania Department of Environmental Protection has set more stringent requirements, they shall apply. In all cases, permits

shall be obtained from the Pennsylvania Department of Environmental Protection for any discharge.

l . The heat content of discharges shall be limited to an amount that could not raise the temperature at the point of discharge five degrees Fahrenheit (so F) above ambient temperature or to a maximum of eighty-seven degrees Fahrenheit (870 F), whichever is less; nor change the temperature by more than two degrees Fahrenheit (20 F) during any one (l) hour period, assuming complete mixing.

2. The minimum quality of discharge into any body of water shall be determined by the requirements of the Pennsylvania Department of Environmental Protection. No person or use shall discharge any metal, oil, suspended matter, or other substance or element expressly prohibited by the DEP.

F. Any action taken or activity conducted in violation of this Section is hereby declared to be a public nuisance.

SECTION 23.

SECTION 24.

DISTURBING THE PEACE.

Any person disturbing the peace within the Township shall be guilty of å violation of this Ordinance.

B. Disturbing the peace is hereby defined as any act, word or conduct causing or tending to cause a disturbance of the peace and good order Of the Township, or causing or tending to cause any danger, discomfort or annoyance to any of the of the Township or users of the Township thoroughfares; or making any loud,

boisterous or unseemly noise or disturbance; or fighting or quarreling or inciting others to fight or quarrel; or the public use of obscene or indecent language; or the loafing or loitering or congregating upon any public property, to the annoyance of peaceable residents nearby or traveling upon any sffeet or alley or being lawfully upon any public grounds of the Township whereby the public peace is broken or disturbed or the ü•aveling public annoyed.

C. The act of congregating or loitering on private property by persons who are neither business invitees nor guests in such a manner as to inconvenience other persons who are business invitees or guests is also defined as disturbing the peace and is hereby declared to be unlawful.

PUBLIC NUISANCE. A violation of any provision of this Ordinance or any order issued by the

Township under this Ordinance shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance, in addition, if any person refuses to abate a public nuisance at the direction of the Township, the Township may take any and all necessary measures to abate the public nuisance. The cost of these measures, a penalty equal to ten percent (10 %) of this cost,

and all legal expenditures, including attorneys' and court costs, shall be collected

by the Township from the person responsible for the nuisance, in any manner provided by law, including, but limited to, the filing of a municipal claim against the property.

ARTICLE 111 EXCLUSIONS

The following shall be exempt:

A. Exclusion Domestic Violence acts of domestic violence:

l . Domestic abuse as knowingly, intentionally or recklessly causing bodily injury of any kind, causing fear of bodily injury of any kind, assault (sexual or not sexual), rape, sexually abusing minor children, •or knowingly engaging in a repetitive conduct toward a certain person (i.e. stalking) that puts them in fear of bodily injury. These acts can take place between family or household members, sexual partners or those who share biological parenthood in order to qualifr as domestic abuse.

2. Domestic violence is not considered a separate charge from something like a.s.sau H, aggravated assault or battery. There are merely additional considerations when the call is made regarding a domestic violence situation. When an alleged victim calls the police and makes an allegation that a member of his or her household has committed a violent act against them, the police shall respond are required to make an arrest and is not considered to be a nuisance to this ordinance

3. only the perpetrators of crimes and nuisance activities, and not the victims of those crimes and activities, may have the ordinance enforced against them.

4. imposing a strike upon citizens only if either:

A) [they have] been convicted of an offense [and]B) there is evidence beyond the mere fact of arrest or citation that corroborates that nuisance activity actually occurred.

5. Exclusions Agricultural Operations

B. AGRICULTURAL OPERATION

Section 1. Legislative PolicyIt is the declared policy of the Commonwealth to conserve and protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products.

Section 2. DefinitionsThe following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Municipality." A county, city, borough, incorporated town, township, or a general-purpose unit of government as established by the act of April 13, 1972 (P.L. 184, No. 62) known as the "Home Rule Charter and Optional Plans Law. "

"Normal agricultural operation." The customary and generally accepted activities, practices, and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural, aquiculture crops and commodities and is:

(l) not less than ten contiguous acres in area; or(2) less than ten contiguous acres in area but has an anticipated yearly gross income of at least $10,000.

Section 3. Limitation on Local Ordinances(a) Every municipality shall encourage the continuity, development, and viability of agricultural operations within its jurisdiction. Every municipality that defines or prohibits a public nuisance shall exclude from the definition of such nuisance any agricultural operation conducted in accordance with normal agricultural operations so long as the agricultural operation does not have a direct adverse effect on the public health and safety.

(b) Direct commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold shall be authorized, notwithstanding municipal ordinance, public nuisance or zoning prohibitions. Such direct sales shall be authorized without regard to the 50% limitation under circumstances of crop failure due to reasons beyond the control of the landowner.

Section 4. Limitation on Public Nuisances(a) No nuisance action shall be brought against an agricultural operation which has lawfully been in operation for one year or more prior to the date of bringing such action, where the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation and are normal agricultural operations, or if the physical facilities of such agricultural operations are substantially expanded or substantially altered and the expanded or substantially altered facility has been in operation for one year or more prior to the date of bringing such action: Provided, however, that nothing herein shall in any way restrict or impede the authority of this State from protecting the public health, safety and welfare or the authority of a municipality to enforce State law.

(b) The provisions of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries or damages sustained by them on account of any agricultural operation or any portion of an agricultural operation which is conducted in violation of any Federal, State or local statute or governmental regulation which applies to that agicultural operation or portion thereof.

Section 5. Water DamagesThe provisions of Section 4 shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries or damages sustained by him or it on account of any pollution of, or change in condition of, the waters of any stream or on account of any flooding of lands to any such person, firm or corporation.

c. HOUSING DISCRIMINATION

SECTION 1. DEFINITIONSAs used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

DISCRIMINATE and DISCRIMINATIONInclude any difference in treatment in the sale, lease, rental or financing of housing because of race, color, religion, ancestry, national origin, place of birth or sex.

HOUSING ACCOMMODATIONAny building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as a home, residence or sleeping place of one (l) or more individuals or groups of family and any vacant land offered for sale or lease for housing.

LENDING INSTITUTIONAny bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money or guaranteeing loans.

OWNERIncludes the owner, co-owner, lessee, sublessee, mortgagee, assignee, manager, agent or any other person having the right of ownership or possession or the authority to sell, rent or lease any housing accommodation.

D. UNLAWFUL HOUSING PRACTICES

It shall be an unlawful housing practice:

(1) For the owner of any housing accommodation to refuse to sell, rent or lease or in any other way discriminate because of race, color, religion, national origin or ancestry in the terms, conditions or privileges of the sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith.

(2) For any lending institution to discriminate against any person because of race, color, religion, national origin or ancestry of such person in lending, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation.

(3) For any person to print, to circulate or to cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the purchase, rental or lease of housing accommodations or to make real estate appraisals, financial or credit reports or any records or inquiry in connection with the prospective purchase, rental or lease of housing accommodations which expresses, directly or indirectly any limitation, specification or discrimination as to race, color, religion, national origin or ancestry or any' intent to make such limitation, specification or discrimination.

B. Exceptions. Nothing herein contained shall bar any religious or denominational institution or organization or any organization operated for charitable or educational purposes which is operated, supervised or controlled by or in connection with a religious organization from limiting admission to or giving preference to persons ofthe same religion or denomination with regard to the occupancy, leasing, sale or purchase of real estate or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained.

ARTICLE IV EXCLUSIVE REMEDY

Nothing contained in this chapter shall be deemed to repeal or supersede any of the provisions of any existing or hereafter adobted Municipal Ordinance or Municipal Charter or of any law of this commonwealth relating to discrimination because of race, color, religious creed, ancestry or national origin; but as to the acts declared unlawful by this chapter, the procedure provided herein shall, when invoked, be exclusive and a final determination therein and shall exclude any other action, civil or criminal, based on the same grievance of the complainant concerned. If such complainant institutes any action based on such grievance without resorting to the procedure provided in this chapter, he may not subsequently resort to the procedure herein.

ARTICLE V WRITTEN NOTICE TO VIOLATORS REQUIRED

Whenever a condition constituting a nuisance is permitted or maintained, theBoard of Supervisors shall cause written notice to be served upon the owner in one of the following ways:

(A)By making personal delivery of the notice to the owner.

(B) By handing a copy of the notice at the residence of the owner to an adul! member of the family with which he resides; but if no adult member of the family is found, then to an adult person in charge of such residence.

(C) By fixing a copy of the notice to the door at the entrance of the premises in violation.

(D)By mailing a copy of the notice to the last known address of the owner by certified mail.

Such notice shall set forth in what respects such condition constitutes a nuisance, and whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations or by fencing or hoarding or in some way confining and limiting the nuisance.Such notice shall require the owner to commence action in accordance with the terms thereof within ten (10) days and thereafter to comply fully with its terms with reasonable dispatch, all material to be supplied and work done at the owner expense; provided, however, that if the violation charged is under: and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.

ARTICLE VI ENFORCEMENT AND PENALTIES.

A. This Ordinance may be enforced by any officer or official of the Township empowered to do so by the Township Board of Supervisors including, but not limited to, any Township law enforcement officer, zoning officer, or code enforcement officer,

B. Any individual or entity authorized to enforce this Ordinance shall be authorized IQ issue aWarning and/or Abatement Order requiring the abatement of any nuisance in violation of thisOrdinance, and/or to file a Summary Citation regarding a violation of this Ordinance a District Justice. Police officers shall further have the authority to arrest and detain any person violating any provision of this Ordinance.

Upon presentation of appropriate credentials, the zoning officer or other duly appointed official,

may enter and inspect any private property, building, or structure for purposes of testing for

violations of this Ordinance or to locate the source of any violation. When permission is refused, the aforesaid official may obtain a search warrant from a court' of competent jurisdiction upon a showing of probable cause that a violation of this Ordinance exists upon the property in question.

C. It shall be unlawful:

1. to cause a public nuisance;

2. to cause air, soil, or water pollution;

3. to cause, permit, or assist in the violation of any of the provisions of this Ordinance;

4. to fail to comply with any order, directive, or other requirement of the Township issued in connection with the enforcement of this Ordinance;

5. to hinder, obstruct, prevent, or interfere with the Toswnship or its personnel in their performance of any duty set forth in this Ordinance or the enforcement of its provisions, including denying access to the source or facility causing a public nuisance; and

6. to violate the provisions of 18 Pa.C.S.A. 54903 (relating to false swearing) or 4904 (relating to unsworn falsification to authorities) in regard to my papers required to be submitted under this Ordinance.

D. Enforcement Procedures.

1. Warnings. Upon being made aware of or discovering an activity, event, operation, use, or other conduct that constitutes a public nuisance in violation of this Ordinance, the Township shall issue a written warning to the person responsible. All Warnings shall be delivered by hand or by certified mail to the perpetrator. Each Warning shall speciW the nature, date, and time of the violation and demand that the violation cease immediately.

2. Abatement Order. Ifa violation is not abated within two (2) weeks of the issuance of a Warning, the Township shall issue a written Abatement Order to the person responsible. Order shall be delivered by hand or by mail to the perpetrator. The Order shall specify the nature, date, and time of the violation; demand that the violation cease immediately; and shall fine the perpetrator Fifty Dollars ($50.00) for the first offense, and Two Hundred Dollars ($200.00) for each offense thereafter within any twelve (12) month period.

3. Summary Citation. If the perpetrator does not comply with the Abatement Order within ten (10) days as directed and/or pay the accessed fine, a Summary Citation may be issued. Upon issuance of the Citation and conviction thereof, the perpetrator shall be sentenced to pay la fine of not more than One Thousand Dollars ($1 ,000.00) nor less than Six Hundred Dollars ($600.00) for each offense, plus all court costs, including reasonable attorneys' fees incurred as a result of the prosecution, and costs of prosecution; or by imprisonment in Luzerne County Prison for not more than thirty (30) days; or by both fine and imprisonment. In the event of the imposition of a fine only, default in payment of such fine and costs shall subject the violator to undergo imprisonment in Luzerne County Prison for a term not exceeding thirty (30) days.

4. Each day that a violation of this Ordinance continues shall constitute a separate offense. Each violation of a separate provision of this Ordinance Shall be deemed to be a separate and distinct offense. When a violation continues beyond the time limit set forth in the Warning, Abatement Order, and/or Citation to abate the violation, such continuation shall be deemed to be a separate and distinct offense.

5. If after abiding with a Warning and/or an Abatement Order, a person commits the same or similar violation within one (l) year of the issuance of the Warning or Order, then the Township may, at its own discretion, immediately issue a Citation against that person without first issuing another Warning or Order.

6. If a person fails to comply with a Notice of Removal, the Township may, at its own discretion, immediately issue a Citation against that person without first issuing a Waning or an Order.

7. If the Township determines, at its own discretion, that a violation of this Ordinance constitutes a major threat to the health, safety, and/or welfare of the general public, then the Township may immediately issue a Citation against that person causing this violation without first issuing a Waning or an Order.

8. The Board of Supervisors may direct the removal, repairs or alterations, as the case may be, to be done by the Township and the cost thereof with a penalty of 10% may be collected from the owner of the premises by an action of assumpsit or may file a municipal claim or lien therefore against such real estate.

a. FIRST OFFENSE/PENALTY. Any person who shall violate this subsection shall, upon conviction thereof, forfeit not less than $50.00 and not more than $300.00 together with the cost of prosecution, shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding 90 days.

b. SECOND OFFENSE/PENALTY. Any person guilty of violating this subsection or any part of this subsection who shall previously have been convicted of violation of the same ordinance or subsection shall upon conviction thereof forfeit not less than $200.00 nor more than $1,000.00 for each such offense, together with the costs of prosecution; and in default of payment of such forfeiture and the costs shall be imprisoned in the County Jail until said forfeiture and costs of prosecution are paid, but not to exceed six (6) months.

c. Each day of violation of this ordinance shall constitute a separate offense.

d. This ordinance shall be enforced by the Jenkins Tovmship Police Department or other Township Enforcement officers.

ORDINANCE TITLE OFFENSE COSTS

I st Violation of the Nuisance Ordinance 1st $50.00 , plus costs2 Violation ofthe Nuisance Ordinance 2nd $200.00 , plus costs

Minors:1. In the case of a minor committing any violation of this Ordinance, the parents

or legal guardian shall be jointly and severally liable with the minor for payment of all fines, costs, and restitution.

2. Failure of the parents or legal guardian to make payments will result in the filing of a lien on the parents' or legal guardian's property that includes all fines, costs, and restitution.

3. Upon an application and finding of indigence, the court may decline to order fines, costs, or restitution against the minor, parents, and/or guardian.

F. Restitution.' In addition to any punishment specified in this Section, the court shall order any violator to make restitution to the victim and/or Township of damages or toss caused directly or indirectly by the violator's offense in the amount or manner determined by the court

G. Nothing contained in this Section shall be deemed to preclude the Township from instituting an appropriate civil action or proceeding, whether at law and/or in equity, to prevent the use, activity, event, operation, or act declared to be unlawful under the provisions of this Ordinance; to restrains correct, or abate a violation of this Ordinance; to seek injunctive or other equitable relief to remedy or prevent any violation of this Ordinance; or to recover the cost of any remedial action which the Township elects to undertake to correct any violation of the provisions of this Ordinance.

H. Nothing in this Ordinance shall be construed to impair any cause of action or legal remedy thereof, of any person or the public for injury or damage arising from the commission of a nuisance which may give rise to such cause of action.

I. The penalties and remedies contained in this Section are in addition to any other penalty or remedy set forth in any other provision of this Ordinance.

ARTICLE Vll RELATIONSHIP WITH OTHER RESTRICTIONS

A. The provisions of this Ordinance are not intended to interfere with, abrogate, or annul any other statutes, ordinances, rules-s or regulations including, but not limited to, Title 18 (Crimes Code) and Title 75 (Vehicle Code) of the Pennsylvania Consolidated Statutes. If marc stringent requirements concerning any of the activities, events, uses, operations

or nuisances regulated by this Ordinance ale contained in other statutes, ordinances, rules, or regulations. The more stringent provision, rule, of regulation shall apply.

ARTICLE SEVERABILITY

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

ARTICLE rx SCOPE

This Ordinance is regulating behavior that may be classified as a nuisance and establishes additional conduct that constitutes a nuisance. This ordinance does repeal any prior enacted ordinances to the extent of limiting the enforcement of such ordinances.

ENACTED this3/ day of July, 2017, by the Board of Supervisors of the Township of Jenkins , Luzerne County, Pennsylvania.

THIS ORDINANCE shall become effective Immediately after enactment.