ORDINANCE NO

ORDINANCE NO. 181

AN ORDINANCE OF KENNETT TOWNSHIP, CHESTER COUNTY DEFINING AND PROHIBITING THE CREATION OR MAINTENANCE OF NUISANCES, PROVIDING FOR REMOVAL OR ABATEMENT OF NUISANCES AND PRESCRIBING PENALTIES FOR VIOLATION OF THIS ORDINANCE.

The Board of Supervisors of Kennett Township hereby enacts and ordains that this Ordinance replaces Nuisance Ordinance No. 133 as follows:

Section I. DEFINITIONS: The following terms shall have the meanings as set forth herein and ascribed thereto:

A. NUISANCE: Any use, activity or condition upon public or private property within Kennett Township that causes, creates or maintains:

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. GARBAGE: Accumulation of garbage, rubbish, discarded or waste materials.. However, nothing in this section shall be construed to render unlawful the accumulation of leaves, grass, wood or brush pile, a compost heap of vegetable matter or the manure of animals for agricultural or horticultural purposes.

b. JUNK MATERIAL: Accumulation of, but not limited to, unused or abandoned machinery, equipment or appliances, and all forms of waste or refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials that can be seen from any public or private highway, street, avenue, lane or alley which is maintained by the township, private owner or Commonwealth of Pennsylvania.

c. JUNK VEHICLES: Any abandoned or junked motor vehicles including wrecked, disabled, unregistered, without current inspection sticker or actively being rebuilt or repaired..

d. NOISE: 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 2014 of the Zoning Ordinance of Kennett Township as amended.

e. ANIMALS: Keeping or harboring of any dog, cat or other animal or fowl which by barking, howling or making of other noise or odor which interferes with the peaceful enjoyment of adjacent property or persons.

f. DEBRIS: Permitting, creating or performing any activity including open burning in a manner that permits unusual amounts of dirt, dust, debris, smoke, soot, cinders, fly ash, mud, noxious or offensive fumes, gases or odors, polluted liquids, waste or any hazardous substances being passed to or deposited on adjacent property or any public highway.

g. LIGHT: 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. Compliance specified per Zoning Ordinance, Article XX, Section 2013 G. 2.

h. HAZARDS: Permitting, creating or maintaining any of the following unsafe conditions: (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.

i. EQUIPMENT: 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. or anytime on Sundays or holidays without a special permit issued by the Board of Supervisors or their designee.

j. SIDEWALKS: Sidewalks shall be cleared of snow, ice and any hazardous materials and/or treated within twenty four (24) hours after the storm ends with a minimum pathway of twenty-four (24) inches. Snow shall not be shoveled or plowed onto the roadway.

k. TRASH REMOVAL: Trash removal in a residential district or within 500 feet of a residence is permitted only between the hours of 7:00 am and 7:00 pm daily except Sundays or holidays.

l. COMMERCIAL EQUIPMENT: Commercial activities with power equipment including lawn mowing in residential districts or within 500 feet of a residence are not permitted between 6:00 p.m. and 8:00 a.m. Mondays thru Saturdays or anytime on Sundays or holidays. Emergency situations including snow removal are excluded.

m. EROSION: Failure to implement and maintain required erosion, sediment control and storm water run-off measures shall result in fines beginning from date violation was identified by Chester County inspector or Township engineer until remedied or a Cease and Desist Order is issued.

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 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 less than $ 300.00 and not to exceed $1,000.00 together with the costs of prosecution including reasonable attorney fees 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. SEVERABILITY.

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 or equity under the general law of nuisance or the provisions of this Ordinance.

This NUISANCE ORDINANCE replaces the Nuisance Ordinance No. 133, enacted and ordained the 20^th day of June, 2001.

ENACTED AND ORDAINED this 20th day of April, 2009.

BOARD OF SUPERVISORS

KENNETT TOWNSHIP

ATTEST:

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____________________ Robert A. Hammaker, Chair

Lisa M. Moore-Secretary-Treasurer

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Allan F. Falcoff, Vice-Chair

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Michael E. Elling