ORDINANCE
NO. 133
AN ORDINANCE DEFINING AND PROHIBITING THE CREATION OR MAINTENANCE OF NUISANCES
WITHIN KENNETT TOWNSHIP; PROVIDING FOR REMOVAL OR ABATEMENT OF NUISANCES;
PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE.
The Board of Supervisors of Kennett Township hereby enacts and ordains that this Ordinance replaces Nuisance Ordinance No. 19 as follows:
Section I.
The following terms
shall have the meanings as set forth herein and ascribed thereto:
A.
Nuisance: Any use, activity
or condition upon property within
1.
Unreasonable annoyance or discomfort to persons beyond the boundaries of such
property.
2.
Interference with the health and/or safety of persons beyond the boundaries of
such property or of persons who could reasonably be expected to enter upon such
property.
3.
Disturbance or interference with the peaceful use and enjoyment of persons or
property of others within the Township surrounding property specifically
nuisance shall be deemed to include, but not limited to the following:
a.
Accumulation of garbage, rubbish, discarded or waste materials, storage of
abandoned or junked motor vehicles or parts thereof.
However nothing in this section shall be construed to render unlawful the
accumulation of a compost heap of vegetable matter or the manure of animals for
agricultural or horticultural purposes.
b.
Creating or operating any noise source so as to be heard beyond the property
where the source is located, thereby exceeding the noise control performance
standards as set forth in Section 1408.A of the Zoning Ordinance of Kennett
Township as amended.
c.
Keeping
or harboring of any dog, cat or other animal or fowl which by frequent barking,
howling or making of other noise or odor shall interfere with the peaceful
enjoyment of adjacent property or persons thereof.
ORDINANCE NO. 133
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d.
Permitting, creating or performing any activity in a manner that permits unusual
amounts of dirt, dust or debris to be deposited upon adjacent properties by
movements through the air or over or though the ground.
e.
Permitting or creating any activity which results in smoke, soot, cinders, fly
ash, dust, mud, dirt, noxious or offensive fumes, gases or odors, polluted
liquids, waste or hazardous substances being passed to or deposited on adjacent
property.
f.
Any act
which creates or permits light or glare to escape the originating premises in
any manner or intensity which interferes with the reasonable enjoyment of
adjacent or surrounding properties.
g.
Permitting, creating or maintaining any
of the following: (i) Unprotected open pits, wells or cisterns, (ii) Unfinished
buildings, foundations or structures, (iii) Building structures, damaged,
destroyed or existing in a state of disrepair, (iv) Placement of materials or
equipment in such a manner as to create a hazard or dangerous condition, (v)
Conditions which unreasonably promote the breeding and multiplication of insects
and pests.
h.
Except
in case of emergency, carrying on any building or road construction, excavation
or trenching or the operation of heavy equipment or trucks in connection
therewith at any time between the hours of 7:00 p.m. and 7:00 a.m. without a
special permit issued by the Board of Supervisors or their designee.
Section II.
CREATING, PERMITTING
OR MAINTAINING NUISANCES UNLAWFUL.
It shall be unlawful and a violation
of this Ordinance for any person, partnership, association, corporation, firm or
other entity to create, permit or maintain any nuisance within Kennett Township.
Section III.
REMOVAL OR ABATEMENT
OF NUISANCES.
Any person who shall create, continue,
cause, maintain or permit any nuisance within Kennett Township shall, after
written notice from the Township, remove, abate and remediate such nuisance.
In the event that appropriate action is not taken within the time
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Page 3
limit set forth, the Township may, at
its discretion, cause the removal, abatement or remediation of such nuisance,
including entrance upon the premises upon which the nuisance is located.
All costs and expenses as reasonably incurred together with a penalty as
hereinafter provided shall be charged against and collected from the person(s)
violating the provisions of this Ordinance. The Board of Supervisors may also
institute proceedings in the courts of equity.
Section IV.
PENALTY AND PROCEDURES FOR VIOLATION
AND ENFORCEMENT.
Any person who shall
violate any provision of this Ordinance upon conviction thereof in summary
proceedings brought before a district justice shall be sentenced to pay a fine
not to exceed $1,000.00 together with the costs of prosecution and on
default thereof suffer such imprisonment as provided by law.
Each day such nuisance continues
unabated beyond the date set forth in the written notice shall constitute a
separate and distinct offense under this Ordinance.
Section V.
INTERPRETATION.
In the event that any portion of this
Ordinance is found unlawful or unenforceable, it is the intention that all other
provisions shall remain in full force and effect.
This Ordinance is not intended to be the sole and exclusive manner of
abating nuisances within the Township or interfere with the rights of others
than the Township to bring appropriate actions of law and equity under the
general law of nuisance or the provisions of this Ordinance.
This NUISANCE ORDINANCE replaces the
Nuisance Ordinance No. 19, enacted and ordained the 14th day of June,
1975
ENACTED AND ORDAINED this 20th day of August, 2001.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
Attest:
Michael E. Elling
Secretary-Treasurer
Thomas
W. Nale III
Charles G. Shoemaker