Part Six - General Offenses Code

Chap. 606. Alcoholic Beverages.

Chap. 608. Animals.

Chap. 662. Peace Disturbances.

Chap. 674. Safety, Sanitation and Health.

Chap. 686. Vector Control.

Chap. 690. Weapons and Explosives.

Chap. 692. Weeds, Grass and Plants.

Chap. 694. Alarm Systems.

Chap. 696. Sex Offender Residency Restrictions.

Chap. 698. False Statements.

CHAPTER 606 - Alcoholic Beverages

606.01 Public consumption; open container prohibited.

606.99 Penalty.

    CROSS REFERENCES

    Disorderly conduct - see Crimes Code § 5503; GEN. OFF. 662.01

    Public drunkenness - see Crimes Code § 5505

606.01 PUBLIC CONSUMPTION; OPEN CONTAINER PROHIBITED.

(a) Intent. It is the intent of this section to promote the general health, safety and welfare of the residents of the Township, and it is hereby determined that the uncontrolled consumption of alcoholic beverages in public is detrimental to health and safety.

(b) Prohibition. No person shall consume, whether inside or outside of a motor vehicle or in or upon public ways, public parks, public places or public property within the Township, any alcoholic beverage, or possess an open container of an alcoholic beverage.

The possession of an open container containing an alcoholic beverage in and upon the public ways, public parks, public places or public property of the Township shall be prima-facie evidence of consumption of such beverage in violation of this section.

(c) Public Property, Way or Place Defined. As used in this section, "public property" shall include all property owned by the Township. "Public way" and "public place" shall mean every way or place open to the use of the public as a matter of right for the purpose of vehicular or pedestrian travel, including sidewalks, streets, highways and buildings, other than those public buildings with a liquor license.

(Ord. 80-2. Passed 11-17-80.)

606.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 608 - Animals

608.01 Dogs and other animals running at large.

608.02 Dangerous or vicious dogs or other animals.

608.03 Keeping, raising or breeding of animals; shelters.

608.04 Rabies control; definitions.

608.05 Reporting person bitten by animal.

608.06 Reporting animal bitten by rabid animal.

608.07 Reporting animals infected with rabies.

608.08 Rabies vaccination required.

608.09 Preparation of animal for laboratory analysis.

608.10 Costs of examination, vaccination, etc.

608.11 Restrictions on number of dogs permitted to be kept; commercial kennels.

608.12 Disturbing the peace; continuous noise by animal; declaration of nuisance.

608.13 Excrement on public and private property.

608.14 Impounding and detention of dogs and other animals.

608.15 Destruction of animals.

608.16 Enforcement; citations; fines.

608.99 Penalty.

   CROSS REFERENCES

   Power to regulate animals running at large - see 1st Class § 1502-XXX

   Power of Board of Health to inspect hogpens, stables, etc. - see 1st Class § 1608

   Cruelty to animals - see Crimes Code § 5511

   False registration of domestic animals - see Crimes Code § 6707

608.01 DOGS AND OTHER ANIMALS RUNNING AT LARGE.

(a) No owner or keeper of any dog or other animal shall fail to keep such dog or other animal, at all times, either:

  (1) Confined within the premises of the owner; or

  (2) Firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured, or under the reasonable control of some person by means of a leash or some other control device.

(b) No owner of any dog or other animal shall permit such dog or other animal to injure any human being or animal or to destroy any property within the Township. Such injury or destruction of property may be caused by, but shall not be limited to, biting, jumping on, knocking down or attacking.

(c) No owner of any dog shall permit such dog to scatter, spill or otherwise disturb any household trash upon the premises of any other person in the Township or which has been set out for Municipal pick-up.

(d) It shall be the duty of the Township police and/or the official Animal Warden, Animal Control Officer or Dog Catcher of the Township to seize and detain any dog and/or other animal, whether it is licensed or unlicensed, which is found running at large either upon the public streets or highways of the Township or upon the property of a person other than the owner of such dog or other animal. The Township police and/or official Animal Warden, Animal Control Officer or Dog Catcher is hereby authorized to go upon any premises and enter any building to seize and detain any dog and/or other animal which has been found running at large unaccompanied by the owner or keeper, when such Township police and/or official Animal Warden, Animal Control Officer or Dog Catcher is in the immediate pursuit of any such dog and/or other animal.

(Ord. 88-4. Passed 11-21-88.)

608.02 DANGEROUS OR VICIOUS DOGS OR OTHER ANIMALS.

(a) No person shall maintain, keep, harbor or transport any dangerous or vicious dog or other animal of any kind, or cause or permit the same to run at large within the Township. Exhibitions of parades of animals which are feral naturae in the eyes of the law may be conducted only by securing the written permission of the Chief of Police.

(b) A dog and/or any other animal is vicious if it poses a clear and present danger to any person. Such dog or other animal is also vicious if it has attacked and/or bitten one or more persons on two occasions in a calendar year or has attacked and/or bitten a person on three occasions at any time.

(Ord. 88-4. Passed 11-21-88.)

608.03 KEEPING, RAISING OR BREEDING OF ANIMALS; SHELTERS.

No lot or premises shall be used for the keeping, raising or breeding of animals, including rabbits and fowl, except for the keeping of not more than two dogs and two cats or the litters of the young of the same until such young reach the age of sixteen weeks. All shelters for such animals shall be constructed and located in accordance with the ordinances and codes of the Township of Lower Chichester.

(Ord. 87-3. Passed 7-20-87.)

608.04 RABIES CONTROL; DEFINITIONS.

The purpose of Sections 608.04 through 608.10 is to prevent rabies. As used in such sections:

(a) "Animal" means a dog or other mammal susceptible to rabies.

(b) "Own" means to keep, harbor or have control, charge or custody of an animal.

(c) "Owner" means any person who has the right of property in an animal, keeps or harbors an animal, has it in his or her care or allows it to remain on or about any premises occupied by him or her.

(d) "Vaccination" means inoculation with a rabies vaccine licensed by the United States Department of Agriculture.

(e) "Veterinarian" means a graduate of an accredited school of veterinary medicine who is licensed to practice in the State.

(Ord. 88-4. Passed 11-21-88.)

608.05 REPORTING PERSON BITTEN BY ANIMAL.

Any person having knowledge that an animal has bitten or injured any person in the Township shall immediately report the facts, including the whereabouts of such animal (if known) to the Board of Health. The owner of such animal shall confine it immediately for ten days as directed by the Board. The animal shall be examined within forty-eight hours by a veterinarian and a written report of such examination, on forms supplied by the Board, shall be submitted by the owner to the Board. If at any time during this ten-day confinement the animal becomes ill, escapes or dies, such fact shall be communicated immediately by the owner or veterinarian to the Board. The animal shall be moved immediately to a veterinary hospital or other approved location, as directed by the Board. At the end of the ten-day confinement, the animal shall be re-examined by a veterinarian and a written report of findings shall be submitted by the owner to the Board within forty-eight hours. If the re-examination reveals no symptoms of rabies, the animal may then be released from confinement.

(Ord. 88-4. Passed 11-21-88.)


608.06 REPORTING ANIMAL BITTEN BY RABID ANIMAL.

(a) Any person who has knowledge that an animal in the Township has been bitten by, or otherwise exposed to, another animal infected, or suspected of being infected, with rabies, shall report the facts immediately, including the whereabouts of such animal (if known) to the Board of Health.

(b) If the animal which was bitten, or otherwise exposed to rabies, has not been vaccinated in accordance with prescribed requirements, such animal shall be confined immediately and placed in a veterinary hospital or other approved location, under the supervision of a veterinarian, for a minimum of six months, or shall be immediately disposed of, as directed by the Board.

(c) If the animal which was bitten, or otherwise exposed to rabies, has been vaccinated in accordance with prescribed requirements, the following actions may be taken:

  (1) Immediate revaccination of the bitten animal and confinement for thirty days following revaccination;

  (2) Confinement in strict isolation in an approved kennel or other approved place for six months under supervision of a veterinarian; or

  (3) If the action prescribed in paragraph (c)(1) or (2) hereof is not taken, then the bitten animal shall be disposed of as directed by the Board.

(Ord. 88-4. Passed 11-21-88.)

608.07 REPORTING ANIMALS INFECTED WITH RABIES.

Any person who has knowledge that an animal in the Township is infected with, or suspected of being infected with, rabies, shall report the facts immediately, including the whereabouts of such animal (if known) to the Board of Health. Any animal suspected of being infected with rabies shall be removed by the owner and confined immediately in a veterinary hospital or other approved location, and such animal shall not be released therefrom without permission of the Board. An animal infected with rabies shall be disposed of as directed by the Board.

(Ord. 88-4. Passed 11-21-88.)

608.08 RABIES VACCINATION REQUIRED.

(a) Each owner of an animal in the Township shall arrange for a vaccination of such animal by a veterinarian. Young animals shall be vaccinated within thirty days after reaching the age of five months. Every animal shall be vaccinated following enactment of this chapter (Ordinance 88-4, passed November 21, 1988) as promptly as possible and shall be revaccinated at the interval of time and with the specific vaccine for a particular type of animal, using the specific vaccine licensed by the United States Department of Agriculture. Unvaccinated animals acquired or moved into the Township shall be vaccinated within thirty days after purchase or arrival or, if under five months of age, shall be vaccinated within thirty days after reaching five months of age.

(b) The owner of each unvaccinated animal temporarily brought into the Township for any purpose shall arrange for a vaccination against rabies within thirty days of first entry at any point in the County.

(c) Each veterinarian, at the time of vaccinating any animal, shall complete a Certificate of Rabies Vaccination, in triplicate, which shall include the following:

  (1) The owner's name and address;

  (2) The description of the animal (breed, sex, markings, age, name);

  (3) The date of vaccination;

  (4) The rabies vaccination tag number;

  (5) The type of vaccine administered;

  (6) The manufacturer's serial number of the vaccine; and

  (7) The due date for revaccination.

(d) The original Certificate of Rabies Vaccination shall be delivered to the Board of Health, the first copy shall be delivered to the owner and the second copy shall be retained by the issuing veterinarian. The veterinarian shall furnish to the owner, together with a copy of the Certificate, a metal or durable plastic tag stating the date of vaccination, the tag number and the veterinarian's name. A vaccination tag shall be affixed to the collar or harness and be worn by the animal.

(Ord. 88-4. Passed 11-21-88.)

608.09 PREPARATION OF ANIMAL FOR LABORATORY ANALYSIS.

For the purpose of control in case an animal is suspected of being infected with rabies, or if one dies for any reason during quarantine and requires laboratory analysis, the owner or person designated to act for the owner shall engage a veterinarian to prepare the suspected animal for shipment to an approved laboratory for the purpose of determining rabies infection.

(Ord. 88-4. Passed 11-21-88.)

608.10 COSTS OF EXAMINATION, VACCINATION, ETC.

The cost of examination, vaccination, impounding and preparation of an animal for laboratory analysis shall be borne by the owner of such animal.

(Ord. 88-4. Passed 11-21-88.)

608.11 RESTRICTIONS ON NUMBER OF DOGS PERMITTED TO BE KEPT; COMMERCIAL KENNELS.

Not more than two dogs may be housed on any residential or commercial premises within the Township.

No commercial kennels shall be permitted within the Township.

(Ord. 82-9. Passed 10-18-82.)

608.12 DISTURBING THE PEACE; CONTINUOUS NOISE BY ANIMAL; DECLARATION OF NUISANCE.

(a) No person shall own, possess or control any dog or other animal, nor shall such animal owner permit any animal to cause annoyance, alarm, or noise disturbance for more than fifteen minutes of the day or night, by repeated barking, whining, screeching, howling, braying, or other like sounds which can be heard beyond the boundary of the owner's property. Such noise is hereby declared to be a nuisance.

(Ord. 88-4. Passed 11-21-88.)

(b) Any person complaining about a dog or any other animal disturbing the peace by barking, howling or making other loud noises to the annoyance and discomfort of persons in the Township may request that a warning be sent to the owner of such dog or other animal.

(c) Any such request shall be in writing and shall identify and specify the residence of the owner, keeper or custodian of the dog or other animal. It shall also be required that the person making the complaint identify himself or herself by name and address. Upon receipt of such a request, the Township Secretary shall mail a copy of this section to the person identified as the owner, keeper or custodian of the dog or other animal causing the disturbance.

(d) If any person who owns, possesses, or controls any dog or other animal, receives the notice as contained in subsection (c) hereof, and thereafter permits the said dog or other animal to continue to make or cause annoyance, alarm or noise disturbance pursuant to subsection (a) hereof, than that person, if found in violation of this section, shall be fined pursuant to Section
202.99 of the Administration Code or General Code Penalty for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 87-3. Passed 7-20-87; Ord. 2003-04. Passed 4-21-03.)

608.13 EXCREMENT ON PUBLIC AND PRIVATE PROPERTY.

(a) The owner and/or keeper of any dog or other animal shall abate and clean any excrement of such dog and/or other animal on his or her property so as not to present a public health hazard and/or nuisance. Further, the owner and/or keeper of any dog and/or other animal shall abate and clean any excrement and/or fecal material of such dog and/or other animal on streets, sidewalks and property of either the Municipality, the State or another person.

(Ord. 88-4. Passed 11-21-88.)

(b) No person owning, harboring, keeping or in charge of any dog or cat shall cause, suffer or allow such dog or cat to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area or park, on any place where people congregate or walk, on any public property whatsoever, or on any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which may be used to curb such dog or cat under the following conditions:

  (1) The person who so curbs such dog or cat shall immediately remove all feces deposited by such dog or cat by any sanitary method.

  (2) The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog or cat curbed in accordance with this subsection.

(Ord. 87-3. Passed 7-20-87.)

608.14 IMPOUNDING AND DETENTION OF DOGS AND OTHER ANIMALS.

(a) Police officers of the Township and the official Animal Warden, Animal Control Officer and Dog Catcher are hereby authorized to secure and use with reasonable precaution, any device or gun that propels an instrument, pellet or drug for the purpose of immobilizing or anesthetizing an animal for the purpose of securing and impounding such animal.

(b) Seizure and detention of licensed dogs, costs in connection therewith, and the destruction of licensed dogs, shall conform to the provisions of Section 302 of the Pennsylvania Dog Law, 3 P.S. 459-302.

(c) Seizure and detention of unlicensed dogs and the destruction thereof shall conform to the provisions of Section 303 of the Pennsylvania Dog Law, 3 P.S. 459-303.

(Ord. 88-4. Passed 11-21-88.)

608.15 DESTRUCTION OF ANIMALS.

Dogs that, after due consideration of any police officer and/or official Animal Warden, Animal Control Officer or Dog Catcher, are deemed to constitute a threat to the public health and welfare may be killed by the police officer and/or official Animal Warden, Animal Control Officer or Dog Catcher.

(Ord. 88-4. Passed 11-21-88.)

608.16 ENFORCEMENT; CITATIONS; FINES.

(a) All police officers of the Township and the official Animal Warden, Animal Control Officer and/or Dog Catcher, as well as the Board of Health and any other person designated by the Board of Commissioners of the Township, shall have the authority to enforce the provisions of this chapter.

(b) Any police officer, official Animal Warden, Animal Control Officer and/or Dog Catcher or other person may be a proper party complainant for any violation of this chapter.

(c) In order to facilitate the intent and enforcement of this chapter, a police officer or official Animal Warden, Animal Control Officer and/or Dog Catcher may issue a citation to an owner and/or keeper of a dog and/or other animal advising him or her of said violation and permitting said owner and/or keeper of said dog and/or other animal to pay a fine of twenty dollars ($20.00) to the Township without the necessity of filing a complaint. Pursuant to such citation procedure, the penalty for household trash disturbance shall be ten dollars ($10.00) and the penalty for other violations shall be twenty dollars ($20.00). Second offenses for any violation shall be thirty-five dollars ($35.00) and third offenses shall be one hundred dollars ($100.00). The prevailing expense for the S.P.C.A. shall be ten dollars ($10.00).

(d) If the penalty set forth in subsection (c) hereof is paid to the Township within a period of ten days from the date of the violation, then such penalty shall apply, rather than the increased penalties levied by a District Justice. If said penalty is not paid by said owner and/or keeper of said dog and/or other animal, and it is necessary to bring a complaint before the District Justice, any person violating this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than one thousand dollars ($1,000).

(e) Pursuant to the citation procedure, a proof of current rabies vaccination must accompany payment of the fine called for in the citation.

(Ord. 88-4. Passed 11-21-88.)

608.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)

Back to Top  


CHAPTER 662 - Peace Disturbances

662.01 Disorderly conduct.

662.02 Use of skateboards, rollerblades, etc., in Hewes Avenue Park.

662.03 Minors curfew.

662.04 Obstructing streets, sidewalks, stairways or exits, parking lots, business entrances or exits, or public buildings.

662.05 Disorderly house, room or other premises.

662.06 Loud, disturbing and excessive noise.

662.99 Penalty.

    CROSS REFERENCES

    Riot - see Crimes Code §§ 5501, 5502

    Disorderly conduct - see Crimes Code § 5503

    Public drunkenness - see Crimes Code § 5505

    Loitering and prowling at night time - see Crimes Code § 5506

    Peace disturbances by animals - see GEN. OFF. 608.12

662.01 DISORDERLY CONDUCT.

(a) No person shall engage in any disorderly practice within the limits of Lower Chichester Township.

(b) Disorderly practices within the meaning of this section are hereby defined to mean and include any violent or disorderly or indecent conduct, or making boisterous noises or other disturbance to the annoyance of the peaceable persons nearby, upon or in or near to any public highway, road, street, lane, alley, park, ball field or common, or any place of worship or entertainment, or other place of public resort or public assembly.

(Ord. 224. Passed 7-17-44.)

662.02 USE OF SKATEBOARDS, ROLLERBLADES, ETC., IN HEWES AVENUE PARK.

No person shall ride, operate or use skateboards, roller skates, roller blades, bicycles, sleds, skis, motorized vehicles, minibikes, all-terrain vehicles, motorized go-carts and nonmotorized wheeled vehicles upon the walking path and tennis courts of the Hewes Avenue Park.

(Ord. 98-3. Passed 4-20-98.)

662.03 MINORS CURFEW.

(a) No person under eighteen years of age shall be in or upon any of the streets, highways, alleys or public places in the Township from 8:00 p.m., prevailing time, until 7:00 a.m., prevailing time, of the following day, or as established from time to time by the Board of Commissioners, unless such minor person is accompanied by his or her parent, guardian or other person having legal custody of such minor person, is accompanied by a responsible person of good repute over twenty-one years of age, is in the performance of an errand or duty directed in a written statement dated the same day and signed by such parent, guardian or legal custodian, or whose legally authorized employment makes it necessary for such minor person to be in or on such streets, highways, alleys or public places during the night-time after such specified hour, in which case such minor shall carry a certified card of employment signed by the Secretary of the Township. However, the foregoing exceptions shall not apply when such minor on an errand as aforesaid, or in the line of legally recognized employment as aforesaid, is playing or unnecessarily loitering in or upon such streets, highways, alleys or public places.

(b) No parent, guardian or other person having legal custody of such person under eighteen years of age shall allow or permit such person under such age to be in or upon any street, highway, alley or public place in the Township after the hours mentioned in subsection (a) hereof unless there exists a necessity or emergency therefor.

(c) Minor persons and those responsible for them shall be entitled to have fifteen minutes after the hours set forth in subsection (a) hereof to comply with the terms thereof.

(d) It shall be the duty of police officers, constables and other officers of the peace finding any minor under eighteen years of age in or upon any of the streets, highways, alleys or public places of the Township after the hours set forth in subsection (a) hereof to take the name of such minor and the name and address of the parent, guardian or other person having legal custody thereof, to send the minor home, and to make a report of the same within twenty-four hours to the Chief of Police. A written notice of the violation with due warning shall be served in person or by mail to said parent, guardian or legal custodian of such child.

If, after such notice and warning, the minor is again found in violation of this section, the parent, guardian or legal custodian shall be proceeded against upon complaint by the police officer before the Justice of the Peace of the Township.

(Ord. 351. Passed 3-20-61; Res. 76-3. Passed 9-20-76; Res. 76-15. Passed 9-20-76.)

662.04 OBSTRUCTING STREETS, SIDEWALKS, STAIRWAYS OR EXITS, PARKING LOTS, BUSINESS ENTRANCES OR EXITS, OR PUBLIC BUILDINGS.

(a) It shall be unlawful for any person and/or persons or other entity to obstruct or permit the obstruction of any street, sidewalk, parking lot, stairway, aisle, corridor, or exit, in any business office, building, factory, hotel, school, church, theater, assembly hall, lodge or other public hall, or any building used by two or more tenants or families, in such a manner that it interferes with the free use of such street, sidewalk, stairway, aisle, corridor, or exit.

(b) Where a sidewalk is provided, and its use is practicable, it is mandatory to use the available sidewalk, or it is unlawful for any pedestrian to walk along and upon an adjacent roadway.

(c) Any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway, unless the pedestrian has the right-of-way on a crosswalk, at a corner, or in another properly designated crossing area.

(d) Penalty will be pursuant to Section 202.99 of the Administration Code for General Code Penalty of the Codified Ordinances of Lower Chichester Township.

(Ord. 2008-05. Passed 4-21-08.)

662.05 DISORDERLY HOUSE, ROOM, OR OTHER PREMISES.

(a) Definitions.

  (1) "Disorderly house" means any house, room, or premises, where frequent requests for police services for noise, assaults, batteries, drinking of intoxicating beverages, illegal drug usage and/or sale, loitering, gaming, or other misbehavior can be documented.

  (2) "Frequent request for police service" means more than three responses to the same address in the preceding twelve-month period.

(b) Prohibition Against Maintenance of Disorderly House. It shall be unlawful for any property owner, lessee, or tenant to maintain, keep, lease or allow a disorderly house, room or other premises in the Township.

(c) Declaration of Public Nuisance. Any such disorderly house, room, or other premises, that shall be disruptive to the peace and well being of the surrounding and greater community, is declared to be a public nuisance by either the Police or Township Code Officer.

(d) Notification. After the third and final incident as defined above, the Chief of Police, or his designee, and/or the Township Code Officer, shall within five days, notify the property owner in writing, by either certified mail, return receipt requested, posting, or personal service, of the Township's intent to initiate charges with the District Court, and further, to allow said property owner and or resident an additional five day period, commencing on the date of service, to notify the Police Chief or Township Code Officer, in writing, of said property resident/owner's desire to meet with the Police Chief or Township Code Officer in an attempt to rectify the condition to be cited. Upon timely receipt of such notification, the Police Chief or Township Code Officer shall meet with the property owner within five days and attempt to reach an agreement. Should the parties not be able to reach an agreement, the Police Chief and/or the Township Code Officer will proceed with the citation before district court.

(e) Violation and Penalties.

  (1) Any person, legal entity, property owner, lessee, or tenant, including but not limited to, the keeper of all parties connected with the maintenance of the disorderly house, and all parties patronizing or frequenting same, who are found guilty under the provisions of this chapter, shall be fined not more than six hundred dollars ($600.00) for each offense, and be imprisoned for not more than thirty days.

  (2) Upon conviction under the terms of this chapter, the Township may revoke the occupancy permit of any house or premises found to be a disorderly house.

(f) Reimbursement for Police and Administrative Costs. After the third and final incident, any property owner, lessee, or tenant, who maintains, keeps, leases, or allows a disorderly house, shall also be liable for the costs of police and administrative services and shall reimburse the Township for such costs pursuant to the Township's ordinance and resolution requiring reimbursement, and setting the amounts of same. Said property owner, lessee, or tenant shall not only be liable for the third and final incident but shall also be liable for the first and second incidences and the costs associated with all three incidences.

(Ord. 2006-02. Passed 5-15-06.)

662.06 LOUD, DISTURBING AND EXCESSIVE NOISE.

(a) Definitions.

  (1) "Motor vehicle" means any vehicle designed for the transportation of person or property and propelled by an internal-combustion engine or other type of engine, and shall include without being limited to automobiles, trucks, motorcycles, minibikes, motor scooters, motorbikes, dune buggies, trail bikes, all-terrain vehicles, go-carts or other vehicles not capable of being registered under law.

  (2) "Person" includes any individual, corporation, firm, association, club or partnership.

  (3) "Plainly audible" means any sound that can be detected by a person using unaided hearing faculties at a distance of twenty-five feet from the sound source. For example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. A law enforcement officer need not determine the title, specific words or artist performing the song.

 (4) "Public property" means any land, premises, right-of-way, easement or other estate or property right, including streets, roads and highways of the Commonwealth of Pennsylvania, governed or owned by the Township, or any agency or instrumentality thereof, and shall include without being limited to parks, recreation areas, ballparks, sidewalks, school grounds and parking areas.

(b) Noise Disturbance; Hours. No person shall play, use, operate or permit to be played, used or operated any radio, television, phonograph, jukebox, musical instrument or other device for the production or reproduction of sound with louder volume than is necessary and convenient for the hearing of the person so playing, using or operating such instrument or device and such person who are voluntary listeners thereto or in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The use or operation of any such radio, television, phonograph, jukebox, musical instrument or other device between the hours of 10:00 p.m. and 7:00 a.m. that is plainly audible shall be prima facie evidence of a violation of this chapter.

(c) Authorized Activities; Applicability of State Laws.

  (1) Nothing herein shall be construed to prohibit a musical band or orchestra from performing in an authorized parade, during a Township-sponsored, community-sponsored or religious-sponsored event or during any lawful activity subject to the provisions of this chapter.

  (2) State noise control laws and regulations apply where appropriate.

(d) Audible Advertising; Permit Required. No person, in an attempt to advertise or attract public attention, shall sound, play, operate or permit to be sounded, played or operated any radio, television, receiving set, musical instrument, jukebox, phonograph, loudspeaker, sound amplifier, sound truck or other machine or device that produces or reproduces sound that is plainly audible in any public space, public right-of-way or adjacent neighboring premise, unless a permit has been obtained from the Police Department or as provided in another Township ordinance.

(e) Construction Operations; Emergency Permit. No person shall, from Monday through Saturday between the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, in conducting any excavation, demolition, erection, alteration, repair or other building operation within 1,000 feet of any dwelling or business property, operate or use any steam shovels, tractors, excavators, pneumatic hammers, pile drivers, derricks, steam or electric hoists or any tools or equipment which shall make any plainly audible noise, except in cases of urgent necessity in the interests of public safety, and then only upon obtaining a permit from the Building Inspector.

(f) Hours Noisy Operations Prohibited. No person shall create any plainly audible noise in connection with the loading or unloading of any vehicle or the opening or destruction of any bales, boxes, crates or other containers, between the hours of 9:00 p.m. and 6:00 a.m.

(g) Quiet Zones. No person shall create any plainly audible noise that is on any public space or public right-of-way adjacent to any school, hospital, library, house of worship, senior citizen center, or any other area designated by the Township, which unreasonably interferes with the workings of such institutions.

(h) Disturbing the Peace Noise. No person shall create any plainly audible noise that disturbs the peace, quiet, and comfort of the neighboring inhabitants or persons in any public space or public right-of-way. Furthermore, noise of such character, intensity or duration detrimental to the life or health of any individual is prohibited.

(i) Operation of Motor Vehicles. It shall be unlawful for any person to operate or permit another person to operate any motor vehicle within the Township:

  (1) In such a manner as to create loud, offensive, unnecessary or unusual noise that is plainly audible so as to disturb or interfere with the peace and quiet of other persons or interfere with the operator's ability to hear audible safety warnings.

  (2) In such a manner as to sound the horn or other warning device for an unnecessary or unreasonable period of time.

(j) Industrial and Commercial Operations Excluded. This chapter shall not apply to the normal operation of any plant, factory or industry engaged in the business of manufacturing, processing of food or other industrial or commercial operation.

(k) Violations and Penalties. Any person convicted of violating any provision of this section shall be fined no less than one hundred dollars ($100.00), nor more than six hundred dollars ($600.00), or imprisoned for a term not exceeding thirty days, or both, the amount to be fixed by the Magesterial District Judge, or other judge having jurisdiction of the case. Each day that a provision of this section is violated shall be deemed a separate and distinct offense.

(Ord. 2007-01. Passed 8-20-07.)

662.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 674 - Safety, Sanitation and Health

674.01 Parking or storage of abandoned, wrecked, junked or stripped automobiles on private property.

674.02 Parking and storage of disabled motor vehicles on private property.

674.03 Abandoned refrigerators and air-tight containers.

674.04 Snow and ice on sidewalks.

674.05 Littering in streets.

674.06 Dumping in streets.

674.07 Animal nuisances.

674.08 Infestation.

674.09 Stagnant water; odors.

674.10 Obstructions, dangerous structures, weeds, etc., on public and private property.

674.11 Health Board regulations.

674.12 Violations.

674.99 Penalty.

    CROSS REFERENCES

    Authority to regulate or prohibit open burning - see 1st Class § 1502-LXVI

    Scattering rubbish - see Crimes Code § 6501

    Refrigerators and iceboxes - see Crimes Code § 6502

    Posting advertisements on property of another - see Crimes Code § 6503

    Public nuisances - see Crimes Code § 6504

    Discarding television sets and tubes - see Crimes Code § 6505

674.01 PARKING OR STORAGE OF ABANDONED, WRECKED, JUNKED OR STRIPPED AUTOMOBILES ON PRIVATE PROPERTY.

(a) The purpose of this section is to protect the health, safety, morals and welfare of the citizens of the Township by prohibiting the storage of abandoned, wrecked, junked or stripped automobiles on private property since their storage is detrimental to the health, safety, morals and welfare of the citizens of the Township.

(b) No person shall park, store or leave any vehicle of any kind in a wrecked, junked, stripped or abandoned condition in a place where its presence constitutes a hazard to the citizens of the Township. No owner or user of such a vehicle, and no owner or occupier of any property, shall allow, permit or suffer such vehicle to be left upon any privately owned property unless the same is authorized in conjunction with a business properly operated pursuant to the zoning laws of the Township of Lower Chichester.

(c) Upon complaint to the Board of Commissioners of a violation of this section, it shall direct the Secretary of the Township to cause a notice of the violation to be given to the owner or occupier of the land upon which the nuisance exists, notifying him or her to abandon the nuisance by removing the vehicle within ten days after the service of said notice. Said notice shall be given personally or by registered or certified mail.

(Ord. 389. Passed 6-21-65.)

674.02 PARKING AND STORAGE OF DISABLED MOTOR VEHICLES ON PRIVATE PROPERTY.

(a) No person in charge of or in control of any premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any disabled motor vehicle to be parked or stored on such premises for a period in excess of ten days.

In any proceeding for a violation of this section, it shall be prima-facie evidence that the owner, tenant, lessee or occupant of the premises was in possession and control of said disabled motor vehicle. It is not necessary under this section to proceed against the actual owner of the disabled motor vehicle.

(b) No person shall store or park a disabled motor vehicle on any property so as to block or partially block or impede access by fire and safety vehicles to or through the property.

(c) No business enterprise in the Township shall permit a disabled motor vehicle to be stored or parked on its premises for a period exceeding ten days. During the ten day period, the disabled motor vehicle must be parked or stored in a designated parking space only on the business premises. A designated parking space shall be an area ten feet wide and twenty feet in length with painted lines or stripes providing for orderly and safe parking.

(d) This section shall not apply to any disabled motor vehicle which is stored, parked or repaired within an enclosed building or garage where such storage, parking or repairing is not prohibited by the Zoning Code.

(Ord. 92-15. Passed 4-20-92.)

674.03 ABANDONED REFRIGERATORS AND AIR-TIGHT CONTAINERS.

(a) No person shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container of any kind which has an air-tight door or a lock which may not be released for opening from the inside of said ice box, refrigerator or other container.

(b) No person shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container of any kind which has an air-tight snap-lock or other device thereon without first removing the said snap-lock or doors from said ice box, refrigerator or other container.

(Ord. 278. Passed 10-19-53.)

674.04 SNOW AND ICE ON SIDEWALKS.

(a) Each owner, tenant or occupier of premises abutting on public sidewalks must remove all snow and ice accumulated on the public sidewalks abutting his or her premises within twenty-four hours after snow has ceased to fall. In the case of multiple tenant premises, it shall be the duty of the owner to do so.

(b) Each twenty-four hour period or fraction thereof during which a violation of this section continues shall constitute a separate offense and be subject to separate and cumulative penalties.

(Ord. 345. Passed 2-20-61.)

674.05 LITTERING IN STREETS.

No person shall throw, place or drop, or cause to be thrown, placed or dropped, any rubbish, paper, dirt, trash, debris or other litter on or upon any public highway, sidewalk, public playground or other public property in the Township.

(Ord. 329. Passed 9-21-59.)

674.06 DUMPING IN STREETS.

(a) No person shall shovel, deposit or place any object, material, snow, ice or dirt in the cartway of any public road, passageway or highway of the Township.

(Ord. 83-2. Passed 3-28-83.)

(b) No person shall throw, cast or deposit any garbage or offal of any kind whatever into or on any gutter, street, highway, public place, vacant lot or watercourse within the limits of the Township.

(Ord. 192. Passed 3-18-38.)

674.07 ANIMAL NUISANCES.

The possession, custody or maintenance by any person in or upon any building, lot or premises of any animal or animals which cause, produce, result in or emit odors, fumes, smells, noises or disturbances which are offensive or detrimental to the health, safety or welfare of the public or of the peaceful enjoyment by the public of their homes or premises is hereby declared to be a nuisance.

(Ord. 355. Passed 10-16-61.)

674.08 INFESTATION.

Any person permitting any building, lot or premises to become infested with roaches, bugs or insects of any nature, which tend to or do spread to other inhabited premises or which are offensive or detrimental to the health, safety or welfare of the public or of the peaceful enjoyment by the public of their homes or premises, is hereby declared to be a nuisance.

(Ord. 355. Passed 10-16-61.)

674.09 STAGNANT WATER; ODORS.

Any person permitting any building, lot or premises to contain stagnant water or to contain material or materials which cause, produce or result in odors, smells or other conditions, which are offensive or detrimental to the health, safety or welfare of the public or to the peaceful enjoyment by the public of their homes or premises, is hereby declared to be a nuisance.

(Ord. 355. Passed 10-16-61.)

674.10 OBSTRUCTIONS, DANGEROUS STRUCTURES, WEEDS, ETC., ON PUBLIC AND PRIVATE PROPERTY.

(a) Any obstruction or nuisance in the streets and highways of the Township, as well as any dangerous structure, weeds or other nuisance on public or private grounds, that is prejudicial to the public health or safety, is hereby prohibited and the same shall be removed by the owner or occupier of such grounds. Upon default of the owner or occupier to remove such obstruction or nuisance, the Township shall cause the same to be done and shall collect the cost thereof, together with a penalty of ten percent, in the manner provided by law for the collection of Municipal claims, or by an action in assumpsit without the filing of a claim, or may secure relief by a bill in equity.

(b) Written notice to remove any of the above nuisances within thirty days shall be given to the owner or occupier of such grounds by registered or certified mail.

(Ord. 433. Passed 9-20-71.)

(c) The Township may require the removal of a prohibited condition by the owner or occupier of any premises, from sidewalks, streets or highways, and upon default thereof, the Township may cause the same to be done and shall collect the cost thereof, together with a penalty of ten percent, in the manner provided by law for the collection of Municipal claims or by an action in assumpsit without the filing of a claim, or may seek relief by a bill in equity as provided by the Act of May 27, 1949, P.L. 1955, Section 1501, as amended.

(Ord. 296. Passed 9-19-55.)

674.11 HEALTH BOARD REGULATIONS.

(a) Definitions. As used in these regulations:

  (1) "Food" means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use, in whole or in part, for human consumption.

  (2) "Food vendor" means any person who transports, distributes or sells to the public prepared foods or perishable food of a kind deemed by the Board of Health to be capable of causing human food-borne illness, from any food service establishment, truck, trailer, cart, bicycle or other vehicle, from any other vehicle, or from any vending machine, container or other type of equipment.

  (3) "Person" means and includes an individual, partnership or corporation.

(b) Regulation of Specific Conditions.

  (1) Nuisances.

    A. Any substance or thing which is dangerous to human life or health or which renders the air, food, water or other drink unwholesome, and any building, structure, cellar, or part thereof, which is overcrowded or not provided with suitable and efficient means of ingress and egress, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted, is hereby declared to be a nuisance and shall be illegal.

    B. Whenever any citizen of the Township desires to lodge information of the existence of a nuisance, such information must be in writing and signed by the complainant. The communication must state the nature of the nuisance, the location thereof and the name of the owner or occupant of the property upon which such nuisance is alleged to exist. The Board and all its employees must treat all such communications as strictly confidential.

  (2) Food or drink distribution.

    A. Permit required.

      1. No person shall sell or distribute to the public prepared food or perishable food from any food vending vehicle or from any other type of equipment without obtaining a permit from the Board of Health. A permit will not be issued to any person until the Board of Health has inspected and approved the establishment from which food is to be obtained. Any such establishment shall be equipped and operated in compliance with the provisions of Act No. 369, approved May 23, 1945, P.L. 926, as amended, relating to public eating and drinking places, the rules and regulations of the Advisory Health Board of the Department of Health of the Commonwealth, and any rules, regulations or requirements of the Board of Health now in effect or hereafter adopted. The permit shall at all times be kept posted prominently in the food vending vehicle or on the equipment. Unless previously revoked or suspended, all permits shall expire on February 28 following their issuance. Applications for renewal of permits shall be made prior to February 29 or March 1 of each year for a further period of twelve months.

      2. If an owner should sell or lease his or her food establishment, the new owner or lessee must have a new license. A health license cannot be transferred from one owner or lessee to another.

      3. All nursing homes must have a health license and must be inspected twice a year for food handling and serving of meals.

      4. Applications for permits shall be upon forms provided by the Board of Health. The application for such license shall set forth the name and residence of the applicant, the kind of goods, wares or other merchandise to be sold, and the kind of vehicle, if any, to be used.

      5. The Board of Health, after affording the holder of a permit an opportunity for a hearing, will suspend or revoke a license if it finds that any of the provisions of this section have been violated.

    B. Market stores. Every person owning, leasing or occupying any place, room or building wherein any meats, vegetables or other foodstuffs are marketed publicly or privately, shall cause such place, room, building or market to be thoroughly cleaned, and all offal, blood, fat, garbage, refuse and unwholesome and offensive matter to be removed therefrom at least once in every twenty-four hours, after the use thereof for any of said purposes therein referred to. Further, such person shall, at all times, keep all woodwork, save floors and counters, in any building, place or premises as aforesaid, thoroughly painted with waterproof paint, unless made of waterproof material. The floors of such building, place or premises shall be constructed of an impermeable material with adequate provision for thorough cleaning. Under no circumstances shall drainage be discharged or allowed to flow into any stream or source of water supply without previous purification.

    C. Floors.

      1. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.

      2. Floors may be of concrete, terrazzo, tile or wood covered with linoleum. Wooden floors containing cracks, holes or broken or poorly fitting planks, or which otherwise fail to be tight, do not comply with the requirements of this paragraph. If floor drains are used, they shall be provided with proper traps and so constructed as to minimize clogging, and the floor shall be graded to drain.

    D. Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.

    E. Doors and windows.

      1. All openings to the outer air shall be effectively screened with not less than 16-mesh wire or plastic cloth. All doors shall be self-closing. All screen doors to the outside shall be outward.

      2. There shall be a sufficient circulation of air to prevent the entrance of flies.

      3. Window and door screens must be tight-fitting and free of holes. This includes the screens for skylights and transoms.

      4. The requirements set forth in this paragraph must be satisfied during the seasons of the year when flies are prevalent (April to December 1).

    F. Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.

    G. Ventilation.

      1. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated.

      2. The requirements of this paragraph shall be deemed to have been satisfied if all rooms are adequately ventilated so as to be reasonably free of disagreeable odors and condensation. Ventilation equipment supplementary to windows and doors, such as adequate exhaust fans or stove hoods, shall be provided if necessary. Such requirement shall not apply to cold storage rooms.

    H. Toilet facilities.

      1. Every establishment shall be provided with adequate and conveniently located toilet facilities for both sexes, conforming to standards of the State Board of Health.

      2. The requirement of paragraph (b)(2)H.1. hereof shall be deemed to have been satisfied if:

      a. Adequate toilet facilities conveniently located and complying with the Township Plumbing Code are provided for employees of both sexes.

      b. In establishments hereafter constructed, there is an intervening room or vestibule between any toilet room and any room in which food or drink is prepared, served or stored or in which utensils are handled or stored. The intervening room or vestibule shall be equipped with tight-fitting self-closing doors and shall be of such dimensions as to prevent both from being opened simultaneously by the same person.

      c. Toilet room doors are provided with springs or checks to make them self-closing.

      d. The toilet room and all fixtures are kept clean, sanitary, in good repair and free from flies.

      e. The toilet room is well lighted and ventilated to the outside air.

      f. Durable, legible signs are posted conspicuously in each toilet room directing employees to wash their hands before returning to work. Such signs may be stenciled on the wall to prevent removal. A booth open at the top or bottom shall not qualify as a toilet room.

      g. All toilets are disinfected at least once a day.

      h. In establishments hereafter constructed, floor drains are put in toilet rooms of clubs and taprooms.

    I. Water supply. Running water under pressure shall be accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality. Hot and cold water are necessary.

    J. Scoops, paddles or dippers. Scoops, paddles or dippers used to dispense ice cream shall be immersed in a receptacle with a constant flow of clear running water at all times.

    K. Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his or her hands.

    L. Methods of hand dishwashing.

      1. Preferred methods.

      a. Three compartment sink:

      (A) Wash (water 110° to 130° F)

      (B) Rinse (warm water)

      (C) Sanitize (water 180° F for two minutes); or

      b. Three compartment sink:

      (A) Wash (water 110° to 130° F)

      (B) Rinse (warm water)

      (C) Sanitize with a chemical such as hypochlorite compound or a chlorine-containing compound of equal efficiency at a minimum concentration of 100 p.p.m. for at least thirty seconds; a quaternary ammonium compound at a minimum concentration of 200 p.p.m. for at least thirty seconds; or an iodophor compound at a minimum concentration of 12.5 p.p.m. for at least thirty seconds.

      2. Accepted method. Two compartment sink:

      a. Wash (water 110° to 130° F)

      b. Rinse and sanitize with an acceptable solution.

    M. Mechanical dishwashing.

      1. The mechanical dishwashing installation shall be approved. Heating facilities and thermostatic controls to provide hot water at 180 degrees Fahrenheit minimum temperature for the final rinse cycle shall be provided on mechanical dishwashing equipment. Each mechanical dishwashing machine shall be equipped with an accurate thermometer.

      2. The proprietor of an eating and drinking establishment shall have available upon the premises of such establishment the original container in which the chemical sanitizer currently employed was received from the distributor.

    N. Refrigeration.

      1. All readily perishable food or drink and food or drink capable of supporting the growth of micro-organisms which can cause food infection and food intoxication, including, but not limited to, meat or meat products, fish and fish products, cream or custard-filled bakery products and puddings, milk and milk products, egg and potato salad, gravy, cream sauces, and dressings, shall be kept at or below fifty degrees Fahrenheit, provided that, where required for preparation, serving or transportation, they may be kept at intermediate temperature for a total time not to exceed two hours.

      2. Where such readily perishable foods are displayed, prepared, transported or served, a refrigeration system capable of holding all such foods at a temperature below fifty degrees Fahrenheit shall be provided and maintained. All refrigeration systems shall be kept clean and in good repair. Ice used in contact with food shall be from approved sources and handled in a sanitary manner. A thermometer shall be installed and maintained in each refrigerator.

      3. Hot prepared food and drink may be air-cooled down to 150 degrees Fahrenheit.

      4. Foods shall be stored in the refrigerator so as to permit the free circulation of cold air, and in such a manner as to prevent contamination. To promote rapid cooling, readily perishable foods and food mixtures as specified above shall be stored in the refrigerator in shallow containers or by such other means that will insure the cooling of the total mass to a temperature of fifty degrees Fahrenheit or less within two hours.

    O. Construction, repair and maintenance of utensils and equipment.

      1. All food service equipment, multi-use utensils, food storage and display equipment and auxiliary equipment used in an eating and drinking or catering place shall be constructed as to be easily cleanable and shall be maintained in good repair and operated in a sanitary manner.

      2. All glassware, china, crockery and pottery shall be free from breaks, cracks and chipped places.

      3. All multi-use utensils, other utensils and equipment, which surfaces come into contact with food and drink, shall be made of smooth, corrosion-resistant non-toxic material, kept in good repair and free of breaks, cracks, rough areas, corrosion and open seams. Food contact surfaces shall drain freely and shall be easily accessible for cleaning, servicing and inspection.

      4. Stationary equipment shall be installed and maintained in such a manner as to prevent the harboring of rodents and insects and to permit cleaning.

      5. All exhaust fans and stove hoods shall be kept and maintained in a clean and sanitary manner.

      6. The Board of Health may adopt or develop standards for the construction and design of food storage equipment, multi-use utensils and food storage and display equipment consistent with the provisions of this section, to be used for reference and interpretation purposes.

    P. Disposal of wastes. All liquid wastes shall be disposed of in accordance with the requirements of the Plumbing Code and the Health Code and regulations thereunder and any other applicable ordinances and regulations. Garbage shall be placed in metal containers with tight-fitting covers or in similar tightly closed receptacles, properly constructed, kept in good repair, and washed when empty or placed in a room solely used for the storage of garbage and/or refuse. Such a room shall have a tightly fitting door and shall be equipped with a screened air intake and exhaust fan. Refuse other than garbage shall be kept in approved receptacles. All refuse material shall be frequently removed from the premises of the eating and drinking place. All garbage and refuse containing garbage or other material attractive to flies and other insects shall be removed from the premises at frequent intervals and shall be handled to prevent the attraction to and/or the breeding therein of insects, rodents and other animals.

    Q. Wholesomeness of foods.

      1. All food and drink shall be clean, wholesome and free from contamination, spoilage, hazardous chemicals, rodents, insects and insect parts and disease-causing micro-organisms. Meat, meat products, milk, milk products, shellfish, ice cream and frozen desserts shall be from sources approved by the Board of Health. Shucked shellfish shall be kept in the container in which they were placed in the shucking plant until used.

      2. All pork or pork products shall be heated to an internal temperature of 141 degrees Fahrenheit, unless the pork or pork product has been subjected to a prior treatment at the time of manufacture or by a subsequent heating, drying, freezing or other treatment so as to render it free from trichinae organisms.

      3. Records of the purchase of food and drink shall be held at the eating and/or drinking place or at some other convenient location for a period of three months following the date of purchase. Such records shall be made available to the Board of Health upon request.

    R. Preparation, service, storage, transport and display of food and drink.

      1. Food and drink shall be so prepared, stored, displayed, transported and served as to be protected from dirt, flies, insects and rodents, unnecessary handling, droplet infection, potential overhead leakage and all other contamination. Flies, roaches and other insects and rodents shall not be present in any part of the establishment.

      2. No live animals or live fowl shall be kept or allowed in any room in which food or drink is served, prepared or stored.

      3. No room used by the owner or operator for his or her personal living, sleeping, cooking or eating purposes shall be used for any operation connected with the eating and drinking place or catering place, provided that food preparation rooms attached to an eating and drinking place or catering place, and used by the owner or operator for his or her personal cooking or eating purposes, may be used for operation connected with the eating and drinking place or catering place where such eating and drinking place or catering place has a fixed and permanent location and food is served on the premises.

      4. No insecticide or other poisonous or deleterious substance shall be stored in any room where food or drink is stored, served or prepared, except in a separate cabinet not used for any food purpose. All insecticides and similar materials shall be kept in properly labeled containers and shall be so employed as to prevent the contamination of food and drink, food preparation surfaces, utensils and equipment. Poisonous insecticides shall be colored other than white.

      5. Unwrapped or otherwise unprotected displayed food which is subject to contamination through public handling, coughing or sneezing shall be protected by means of glass or similar partitions or through other approved means.

    S. Health and cleanliness of employees.

      1. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment, and shall, while engaged in the preparation of food, wear a suitable head covering to protect the food from contamination from human hair. Employees shall not expectorate or use tobacco in rooms in which food is prepared.

      2. No person who is affected with an infection or disease in a communicable form or is a carrier of such an infection or disease shall work in an eating and drinking or catering establishment, and no heating and drinking or catering establishment shall employ any such person or any person suspected of being affected with an infection or disease in a communicable form or of being a carrier of such disease. If the eating and drinking or catering establishment proprietor suspects that any employee has contracted any infection or disease in a communicable form or has become a carrier of such infection or disease, he or she shall notify the Board of Health immediately.

      3. All handlers of perishable foods must be examined by a doctor at least once a year.

    T. General requirements.

      1. The surrounding outer premises of an eating and drinking or catering establishment shall be kept clean and free of litter and rubbish, and from all other conditions that may serve as rodent harborages or to attract flies and other insects.

      2. Stored food, food products and food ingredients shall be stored on platforms six inches above the floor level, provided that this shall not apply to any food, food product or food ingredients in waterproof, rodentproof packaging or containers.

      3. Facilities shall be supplied for the storing and hanging of employees' clothing and such facilities shall be kept clean. These shall be separated from rooms where food or drink is prepared unless placed in a closet or a closed compartment.

      4. Soiled linens, coats and aprons shall be kept in containers provided for that purpose.

      5. Table cloths, napkins, etc., shall be clean and sanitary.

      6. Milk sold, offered for sale or delivered for sale or consumption within the Township shall meet the following bacteriological requirements:

      a. No raw milk other than certified shall be delivered or offered for sale.

      b. Milk for pasteurization shall give a standard plat count of not more than 300,000 per cubic centimeter prior to pasteurization.

      c. Pasteurized milk shall give a standard plate count of not more than 30,000 public cubic centimeter prior to delivery to the consumer.

      7. The fee for the Board of Health license, pursuant to Act No. 369, shall be set by the Board of Health.

      8. A copy of the Board of Health regulations shall be given to a person when he or she applies for a health license. When the license is issued, the person must sign a form stating that he or she has read the health regulations.

      9. If a child has a communicable disease, it will be up to the family doctor to decide when the child may be released from quarantine and go back to school. If there is no family doctor, then it will be up to the school doctor to make the decision. If there is no school doctor, then it will be up to the health doctor to make the decision. The child must have a note from the doctor before being admitted back to school and must be quarantined for at least seven days from the date of the onset.

      10. Doctors must report all communicable diseases to the Secretary of the Board of Health.

      11. When a handler of perishable foods is examined by a doctor in regard to the required annual health examination, the doctor must fill out a form stating the results of the examination. The doctor must give a copy of this form to the person being examined and must also send a copy to the Board of Health.

      12. When the free Chest X-Ray Unit comes to Lower Chichester Township, all food handlers must get a chest x-ray for tuberculosis.

  (3) Factories, etc. No person shall erect and maintain within the limits of the Township any manufactory or place of business dangerous to life and detrimental to health, or where unwholesome, offensive or deleterious odors, gases, smoke or exhalations are generated, such as tanneries, piggeries, refineries, manufactories of starch, glue, leather, chemicals, fertilizers or gas, without a written permit from the Board of Health. All such establishments shall be kept clean so as not to be offensive or prejudicial to public health. No offensive or deleterious waste substance, refuse or injurious matter shall be allowed to run into any street, road, public place, stream or source of water supply. Every person conducting such manufactory or business shall use the most approved and all reasonable means to prevent the escape of smoke, gases and odors and to protect the health and safety of all persons employed therein.

  (4) Wells. All wells that furnish impure water for drinking are hereby declared to be nuisances and such nuisances shall be abated by direction of the Board of Health.

  (5) Excavations, stagnant water, etc.

    A. No person shall leave any excavation uncovered on completion of a day's work, and any old abandoned holes or wells are to be filled in or adequately covered.

    B. No person shall suffer any excavation, low ground or gutters upon property in his or her possession within the limits of the Township to be filled or covered with stagnant water or other noisome matter so as to be unwholesome or offensive. No person shall suffer any cellar, yard, stable or other place in his or her possession to become noisome or offensive. No person owning or occupying property within the limits of the Township, or, in the case of a non-residence or absence of the owner, no agent having charge of such property, shall permit water flowing from any hydrant, pipe or fixture connected with the conveyance of water to the Township, refuse water from culinary or other purposes, water running off from the roof of any dwelling house, shop, store, shed or other building belonging to him or her, or in his or her charge or occupancy, water from any other source, or noisome matter of any kind, to flow or run from his or her premises, or premises which may be in his or her charge or occupancy, to and upon the premises of any other person, so that the same shall or may become stagnant, noxious or filthy on the premises of such other person.

  (6) Cleaning of drains, etc. All house drains, waste and soil pipes, water closets, etc., shall be maintained in a satisfactory condition and shall be cleaned out when necessary or when, in the judgment of the Board of Health, they may constitute a nuisance or a menace to public health.

  (c) Violations.

  (1) No person shall fail to comply with any of the provisions of this section. Whenever a person has been officially notified by the Health Officer or by the service of a summons in a prosecution or in any other official manner that he or she is committing a violation of any of the provisions of this section, each day that he or she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.

  (2) In the case of any person violating any provision of subsection (b) hereof and failing to comply, within five days, with a written notice or order of abatement, stating the condition specifically therein, from the Board of Health, the Board of Health may proceed to remove or abate said nuisance, and the expenses thereof shall be recoverable from the owner or occupier of the premises, together with a penalty of twenty percent of such costs, in the manner provided for by law for the collection of Municipal claims or by an action in assumpsit without the filing or a claim.

(Ord. 363. Passed 9-17-62.)

674.12 VIOLATIONS.

Any person committing a violation of this chapter, and any person who knowingly commits, takes part in or assists in any violation or who maintains any building, lot or premises in which any such violation shall exist, shall be subject to the penalty provided in Section 674.99. Whenever such person shall have been officially notified by the Township or by service of a summons in a prosecution that he or she is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.

674.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 686 - Vector Control

686.01 Title.

686.02 Purpose.

686.03 Definitions.

686.04 Inspections.

686.05 Violations; notice.

686.06 Noncompliance; remedy of Township; reimbursement of costs.

686.07 Responsibilities of owners, occupants and lessees.

686.08 Buildings.

686.09 Yards and grounds.

686.10 Animal shelters.

686.11 Extermination.

686.99 Penalty.

    CROSS REFERENCES

    Public nuisances - see Crimes Code § 6504

    Pests - see GEN. OFF. 674.08

    Sanitation in food establishments - see B.R. & T. 824.06

    Garbage and rubbish collection and disposal - see S.U. & P.S. Ch. 1060


686.01 TITLE.

This chapter shall be known, and may be cited, as the Uniform Vector Control Ordinance.

(Ord. 81-7. Passed 12-21-81.)

686.02 PURPOSE.

The purpose of this chapter is to protect the public health, safety and general welfare by:

(a) Preventing or controlling the spread of vector-borne disease;

(b) Averting the blighting effects which the presence of vector infestation places on an affected neighborhood, including undermining the desirability of housing, causing declines in property value and contributing to the image of an environmentally unfit area; and

(c) Facilitating the services of the Joint Vector Control Program staff by making more uniform Municipal regulations concerning vector control.

(Ord. 81-7. Passed 12-21-81.)

686.03 DEFINITIONS.

As used in this chapter, the following words and phrases shall have the following meanings ascribed to them:

(a) Extermination: the control and elimination of vectors by eliminating harborage areas, by removing food sources or making them inaccessible, by poisoning, spraying, fumigating or trapping, or by any other legal vector elimination method which is not injurious to human health or the safety of domestic animals.

(b) Garbage: the animal and/or vegetable waste resulting from the handling, preparation, cooking, serving or nonconsumption of food.

(c) Infestation: the presence of vectors within or contiguous to a structure or premises.

(d) Inspection Officer: the Municipal Health Officer, a staff member of the Joint Vector Control Program, and/or any other persons authorized in writing by the governing body of Lower Chichester Township to conduct inspections and administrative procedures to enforce the provisions of this chapter.

(e) Junk: all large items of rubbish, including, but not limited to:

  (1) Non-operable automobiles;

  (2) Non-operable appliances (such as refrigerators or stoves); and

  (3) Scrap metal.

(f) Occupant: any person living, sleeping, cooking or eating in, or actually having possession of, a dwelling unit or a rooming unit, except that in dwelling units a temporary guest will not be considered an occupant.

(g) Owner: any person who, alone or jointly and severally with others:

  (1) Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or

  (2) Shall have charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, assignee of rents or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he or she were the owner.

(h) Person: any individual, business, firm, corporation, association or partnership.

(i) Premises: all areas of a property, including all of the interior, all of the exterior, the grounds and yard spaces.

(j) Rubbish: solid wastes, other than garbage, consisting of either:

  (1) Combustible wastes, such as paper, cardboard, plastic, yard clippings and wood; or

  (2) Noncombustible wastes, such as metal, glass and crockery.

(k) Structure: any man-made construction or building which is located on any part of any premises.

(l) Township: Lower Chichester Township.

(m) Urbanized Area: any area which is located within 1,000 feet of either:

  (1) Any structure which is designed for human occupancy for any purpose, be it residential, business or leisure-time, at any time of the day or night; or

  (2) A public or privately owned outdoor recreation site.

(n) Vector: an organism which, either directly or indirectly via micro-organisms which it carries, can transmit disease to man. For the purposes of this chapter, the term "vector" shall ordinarily, but not exclusively, refer to a rodent, insect or vermin species.

(o) Vector Harborage or Vector Source: any area, interior or exterior, where vectors can live, nest, breed or seek any form of shelter.

(p) Vectorproof: a form of construction which prevents the ingress or egress of vectors to and from a given space or structure or which prevents vectors from gaining access to food, water or harborage.

(Ord. 81-7. Passed 12-21-81.)

686.04 INSPECTIONS.

(a) Inspection procedures shall be conducted by the Inspection Officer.

(b) The Inspection Officer shall be empowered to inspect any structure or premises in the Township at any reasonable time. The Inspection Officer is authorized to conduct the inspection on any part of the premises, including any interior spaces.

(c) In the event that the owner or occupant refuses to permit the Inspection Officer to inspect the premises, the Inspection Officer shall obtain an administrative search warrant from a District Justice of competent jurisdiction authorizing entry to the premises in question.

(d) The Inspection Officer shall continue to inspect the premises periodically as he or she deems necessary until he or she has certified that a violation has been corrected.

(e) The Health Officer shall reinspect any premises which have previously been cited for being in violation of the terms of this chapter, within 180 days of the date on which the violation has been certified as having been corrected.

(f) Inspection of specific types of land uses which are prone to vector harborage shall occur regularly as indicated below:

  (1) Commercial, industrial or institutional establishments in which foodstuffs are sold, handled, processed or stored: semi-annual inspection;

  (2) Commercial, industrial or institutional establishments in which large quantities of materials must be regularly located in outside storage areas: semiannual inspection.

(g) Any owner or occupant within the Township may issue a complaint requesting action by the Inspection Officer. The complaint must be signed and in writing. The identity of the complainant shall be kept confidential unless otherwise requested by the complainant or a court of competent jurisdiction. Within fifteen days of the receipt of a complaint, the Inspection Officer shall indicate in writing the action taken on the complaint.

(Ord. 81-7. Passed 12-21-81.)

686.05 VIOLATIONS; NOTICE.

(a) When the Inspection Officer has deemed any premises to be in violation of this chapter, he or she shall issue a written notice of violation to the owner and/or occupant, depending on the nature of the violation, and shall require the owner and/or occupant to correct the cited violation.

(b) The written notice of violation shall contain at a minimum the following information:

  (1) Indicate the address and/or the location of the premises;

  (2) Describe all violations, including the date(s) on which they were observed and indicating where on the premises the violations exist or were committed;

  (3) At the discretion of the Inspection Officer, indicate alternative techniques or practices which are satisfactory to correct the cited violation;

  (4) Issue an order to correct and indicate the penalties for noncompliance;

  (5) Specify a period of time by which the violation must be corrected;

  (6) Carry the signature or facsimile of the signature of the Inspection Officer; and

  (7) Indicate the name, office mailing address and office telephone number of the Inspection Officer.

(c) The notice of violation shall be served upon the owner of record or the occupant of the structure by any one of the following methods:

  (1) Delivering the notice directly to the hands of the owner or occupant or responsible person in his or her household who will sign for him or her;

  (2) Mailing the notice or a copy thereof by return receipt mail to the last known address of the owner or occupant; or

  (3) If the letter is returned showing that it cannot be delivered, posting a copy of the notice in a conspicuous place in or about the cited premises.

(d) The Inspection Officer shall certify to the correction of the violation cited in the notice. Such certification, at a minimum, shall consist of the Inspection Officer's signature and the date on which the certification is made.

(Ord. 81-7. Passed 12-21-81.)

686.06 NONCOMPLIANCE; REMEDY OF TOWNSHIP; REIMBURSEMENT OF COSTS.

(a) In cases of extended noncompliance or in cases of a clear and present danger to the health, safety or general welfare of the citizenry, the governing body of the Township shall be empowered to exercise any of the following actions, subject to adequate notice to the owner of the property:

  (1) Order the Inspection Officer to cause the immediate vacancy of the cited premises by any and all individuals. The Inspection Officer shall post in plain view a notice stating "unfit for human occupancy" and requiring the vacancy of said premises until the violation is corrected.

  (2) Order the correction of the violation by Municipal staff;

  (3) Engage a qualified contractor to correct the violation; or

  (4) Authorize the condemnation and demolition of the cited premises.

(b) Reimbursement for Municipal costs incurred in the correction of violations or in demolition shall be recouped from the owner and/or occupant in any of the following ways:

  (1) Attaching a Municipal lien on the cited property;

  (2) Instituting a civil action against the owner and/or occupant; or

  (3) Selling personalty found on the premises.

(Ord. 81-7. Passed 12-21-81.)

686.07 RESPONSIBILITIES OF OWNERS, OCCUPANTS AND LESSEES.

(a) Property Owners.

  (1) The interior and exterior of all premises shall be maintained in a clean and sanitary condition which shall prevent vector harborage.

  (2) During construction activities, preventive measures shall be taken which shall preclude vector harborage.

  (3) If vectorproofing materials are removed from a structure during structural renovations, these materials shall be comparably replaced.

  (4) Upon receipt of a notice of violation, proper techniques of vectorproofing and/or extermination must be taken by the owner to correct the identified violation. If continued reapplication is necessary to correct the problem, the owner shall continue the extermination techniques as determined by the Inspection Officer.

(b) Occupants and Lessees.

  (1) Every occupant of a dwelling unit or a rooming unit and every lessee of space of a commercial, office or industrial premises shall be responsible to maintain said unit or space in a clean and sanitary condition which shall prevent vector harborage.

  (2) Every occupant and lessee shall dispose of all garbage and rubbish in a safe, clean and sanitary manner. Garbage must be temporarily stored prior to its collection for ultimate disposal in a tightly sealed, metal or heavy plastic container designed specifically for such purpose. Garbage may not be stored in plastic garbage bags unless they are placed in an acceptable container as described above. Rubbish must be temporarily stored in a closed container.

  (3) An occupant or lessee shall be held responsible for the extermination of vectors rather than the property owner when the unit or space occupied by the occupant or lessee is the only one in which infestation is detected on multiple occupancy premises. However, where infestation is found to be a direct result of owner neglect, the owner shall be held responsible for extermination.

  (4) Upon receipt of a notice of violation proper steps must be taken by the occupant or lessee to correct the identified violation. If continued reapplication is necessary to correct the problem the occupant or lessee shall continue the extermination techniques as determined by the Inspection Officer.

(Ord. 81-7. Passed 12-21-81.)

686.08 BUILDINGS.

(a) All openings, including any openings for utility lines, must be protected by vectorproof material, such as screening.

(b) The walls, flooring, porches and basements of any structure must be vectorproofed.

(c) Every plumbing and waste pipe shall be properly maintained in good sanitary condition in order to prevent a point of vector harborage on the premises.

(Ord. 81-7. Passed 12-21-81.)

686.09 YARDS AND GROUNDS.

(a) The exterior spaces of all premises shall be kept free of all accumulated garbage, rubbish and junk.

(b) Firewood stacks shall be raised at least twelve inches above ground level.

(c) Any exterior spaces located in an urbanized area shall be kept free of high grass or weed growth that may serve as a vector harborage.

(d) Any exterior space located in an urbanized area shall be kept free of standing pools of stagnated water that may serve as a vector harborage.

(e) No material, including firewood or building lumber, which may serve as a vector harborage, shall be stored or stacked directly against the exterior wall of any structure.

(Ord. 81-7. Passed 12-21-81.)

686.10 ANIMAL SHELTERS.

An animal shelter for more than two animals must be properly and regularly sanitized and fumigated as necessary in order to prevent vector harborage. Feed materials must be stored within vectorproofed, sealed containers or structures inaccessible to vectors.

(Ord. 81-7. Passed 12-21-81.)

686.11 EXTERMINATION.

(a) At the time infestation is identified, acceptable techniques of extermination shall be initiated by the person cited in the notice of violation to remove the infestation.

(b) After the extermination is complete, proper precautions shall be taken to prevent reinfestation.

(Ord. 81-7. Passed 12-21-81.)

686.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 690 - Weapons and Explosives

690.01 Discharging firearms and other weapons.

690.02 Sale of weapons.

690.03 Fireworks.

690.99 Penalty.

   CROSS REFERENCES

   Firearms and other dangerous articles - see Crimes Code Ch. 61

   Sale or lease of weapons and explosives to minors - see Crimes Code § 6302

   Sale of starter pistols to minors - see Crimes Code § 6303

   Sale and use of air rifles - see Crimes Code § 6304

   Storage of explosives - see F.P. 1610.04

690.01 DISCHARGING FIREARMS AND OTHER WEAPONS.

No person shall fire or discharge any firearm propelling any bullet or other missile by use of explosives or by air springs or by any other mechanical device in the Township.

(Ord. 77-5. Passed 12-19-77.)

690.02 SALE OF WEAPONS.

(a) No person shall store, sell, offer for sale or expose for sale at retail or have in his or her possession with the intent to sell or with the intent to use, within the limits of the Township, any air gun, air pistol or spring gun, or any implement that is not a firearm, that impels with force a pellet of any kind. Used in this section, "at retail" means any sale of less than one dozen of such articles, or any sale to any person of a bona fide dealer therein.

(b) Members of the Police Department are hereby authorized to seize, remove and destroy any air gun, air pistol or spring gun, or any implement that is not a firearm, that impels with force a pellet of any kind, which shall be used or discharged within the Township, or which shall be held and possessed in violation of this section.

(Ord. 275. Passed 7-20-53.)

690.03 FIREWORKS.

(a) No person shall store, sell, offer for sale or expose for sale, or have in his or her possession with the intent to sell, or use, discharge or cause to be discharged, ignited, fired or otherwise set in action within the limits of the Township, any fireworks, firecrackers, rockets, sparklers, torpedoes, Roman candles, fire balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic displays, except after having first obtained a license therefor as hereinafter provided.

(b) No person shall unnecessarily discharge in or into any street, highway or public place in the Township, any rifle, gun, pistol, revolver, cane, cannon or other appliance, whether projecting or exploding any bullet, cartridge, blank cartridge, cap or otherwise, or any explosive substance or mixture of chlorates or nitrates.

(c) A license for the public display of fireworks by a properly qualified person, or by Township officials, under the direct supervision of experts in the handling of fireworks, may be issued by the Township Secretary, in such form as may be prescribed, and upon furnishing such information as may be required, provided that such display shall be of such a character and so located, discharged or fired that, in the opinion of the Chief of Police, such display, after proper inspection, shall not be hazardous to property or endanger any person, and provided, further, that application for such license shall be made at least ten days in advance of the date of such display.

(d) Fireworks or devices for pyrotechnic displays may be stored within the limits of the Township when a license for such storage has been issued as herein provided, provided that the building or premises in or upon which such storage is to be made have been properly inspected by the Chief of Police, and certified to the Township Secretary as a proper place for such storage. However, no license shall be issued for such storage within 500 feet of a school, hospital, church, other public institution or building used as a place of public assembly.

(e) The provisions of this section shall not apply to articles of the kind herein mentioned which shall be in the possession of railroads or transportation companies for the purpose of transportation, unless the same shall be held voluntarily by such railroads or companies as warehousemen. Further, the provisions of this section shall not apply to signaling devices used by railroad companies or high explosives used for blasting or similar purposes under existing laws.

(f) The Chief of Police shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale or stored or held in violation of this section.

(Ord. 138. Passed 12-2-27.)

690.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 692 - Weeds, Grass and Plants

692.01 Noxious weeds or plants; duty to cut grass; notice.

692.99 Penalty.

   CROSS REFERENCES

   Notice of Commission's activities; planting or removal of shade trees - see 1st Class § 3026

   Landholder's liability for costs - see 1st Class § 3027

   Removal of diseased trees - see 1st Class § 3027.1

   Assessments liens - see 1st Class § 3028

   Weeds on public and private property - see GEN. OFF. 674.10

   Commemorative tree garden - see S.U. & P.S. 1064.03

   Hedges - see P. & Z. 1290.07

692.01 NOXIOUS WEEDS OR PLANTS; DUTY TO CUT GRASS; NOTICE.

(a) No person in possession of any property located within the Township shall permit the exterior property area to contain species of weeds or plant growth which are noxious or detrimental to the public health, safety and welfare of the Township and/or permit grass to exceed a height of twelve inches.

(b) When the Health Officer of the Township determines that there exists a violation of this section, he or she shall serve written notice of such violation on the person or persons responsible therefor, which notice shall include a statement of the reasons why it is being issued, shall allow for a period of not less than ten days from the date of said notice for the performance of any act required to cure the violation and shall be served upon the owner of the property and the possessor of the property or the occupant thereof, as the case may require. Such notice shall be sent by registered mail or certified mail to the last known address of the owner, possessor and/or occupant of the property.

(Ord. 86-4. Passed 2-17-86.)

692.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 694 - Alarm Systems

694.01 Registration.

694.02 Information to be supplied to buyer or lessee.

694.03 Fees.

694.04 Fines.

694.05 Definition of false alarm.

694.99 Penalty.

694.01 REGISTRATION.

(a) New Installation. From the effective date of this chapter, it shall be unlawful for any alarm system to be installed in Lower Chichester Township without first registering such system with the Police Department and paying the required fee prescribed by this chapter and or any fee which the Township Commissioners may hereinafter impose by resolution.

(b) Existing Installation. Within ninety days from the effective date of this chapter, every alarm system located within the Township shall be registered with the Police Department. Registration and payment of the required fee shall be the responsibility of the owner, user, or lessee of the alarm system and/or the premises.

(c) Limitation of Liability. Lower Chichester Township, its officers, employees, police and the Lower Chichester Volunteer Company, its officers, volunteers, and employees, assume no liability for responding to or not responding to an alarm. The owner, user, lessee or tenant of the premises agrees to hold harmless, the Township, its officers, employees, police and the Lower Chichester Volunteer Fire Company, its officers, volunteers and employees, from any and all damage and liability to persons and or property, both real and or personal located outside or inside the said premises which may be harmed, damaged and/or destroyed as a result of responding to an alarm, whether true or false, and from entering, inspecting, investigating or exiting the premises, even if forcibly. This shall appear above the signature lines on the application.

(d) Application. Every application shall be signed by the installer, and the owner, user or lessee of the system if a new installation and by the owner, user and lessee of the alarm system if an existing installation. Application forms for the registration of the alarm system shall be made available by the Police Department and shall require the following minimum information:

  (1) The name, address and telephone number of both the alarm user and property owner.

  (2) The address where the alarm system is installed and the telephone number at that location.

  (3) The name, address, and telephone number of the alarm system supplier.

  (4) The name, address, and telephone number of a person or firm who is authorized to respond immediately to the emergency or false alarm and to gain access to the alarm system, and who is available on a twenty-four hour basis, seven days a week, to respond for service or maintenance and to correct malfunctions as they may occur.

  (5) The name, address, and telephone number of a person or firm who is authorized to respond immediately to the emergency or false alarm in order to gain access to the alarm system, and who is available on a twenty-four hour basis, seven days a week, to respond when the alarm system is activated.

  (6) The type of system (i.e. holdup, burglary, fire, or other emergency).

  (7) Any other information which shall be required by the Police Department.

  (8) The application form shall contain the limitation of liability.

(e) Updates. If there is any change in the alarm system ownership tenancy or entities and persons who are required to be listed under subsection (d) hereof, then a new application must be submitted by the responsible party under this chapter and the appropriate fee paid.

(Ord. 2003-08. Passed 5-19-03.)

694.02 INFORMATION TO BE SUPPLIED TO BUYER OR LESSEE.

(a) Each alarm supplier or installer, who, after the effective date of this chapter, sells or leases in the Township an alarm system shall furnish operating instructions and a manual to the buyer or lessee.

(b) A copy of this chapter shall also be provided to the buyer, user, or lessee at or prior to the contracting by the alarm supplier at his own expense.

(Ord. 2003-08. Passed 5-19-03.)

694.03 FEES.

A fee in the amount of fifty dollars ($50.00) shall be required for the registration of any alarm system installed within the Township, said funds to be made payable to the Township. Any future fees may be set by the Township Commissioners by resolution.

(Ord. 2003-08. Passed 5-19-03.)

694.04 FINES.

(a) For the purpose of defraying the costs of the Township responding to false alarms, the owners, and/or users, lessees, or tenants of an alarm system shall be subject to the following schedule of fines.

  (1) For the first false alarm for the calendar year - fifty dollars ($50.00) for each alarm.

  (2) For the second false alarm for the calendar year - seventy-five dollars ($75.00) for each alarm.

  (3) For the third and subsequent alarm for the calendar year - one hundred dollars ($100.00) for each alarm.

(b) The Board of Commissioners may increase the said fines for such false alarms by resolution.

(c) Following the third false alarm for the calendar year, the Chief of Police shall have the authority to temporarily revoke the registration of any alarm system within the Township. The person to whom the alarm system is registered shall be notified both by certified and by regular mail of such action, and be provided with the effective date of the revocation. No further response to an alarm system shall be provided until such time that the Chief of Police has received a certification from a licensed alarm supplier describing the basis for malfunction and also certification that the alarm system is free of defect. If no report or certification is received within forty-five days from the effective date of revocation, the registration for the alarm calendar year issued shall be considered void and the alarm system shall be considered disconnected. Where determined necessary in the opinion of the Chief of Police, an annual maintenance agreement shall be required as a condition for restatement of the registration.

(Ord. 2003-08. Passed 5-19-03.)

694.05 DEFINITION OF FALSE ALARM.

An alarm activated in the absence of an emergency, whether willfully, by inadvertance or by lack of maintenance to an alarm system which requires an emergency response by the Lower Chichester Police or Lower Chichester Township Volunteer Fire Department. This definition shall exclude malfunctions resulting from the testing of equipment; provided, however, that written notification has been received by the Police Department advising as to the date and time of such tests. Malfunctions resulting from repair of telephone or electrical lines or acts of God, such as windstorms, thunder or lightning, shall also be excluded from this definition. If doubt exists as to the cause of a "false alarm" a final determination shall be made by the Chief of Police.

(Ord. 2003-08. Passed 5-19-03.)

694.99 PENALTY.

Any person violating any provision of this chapter shall upon conviction thereof, by a district justice, be sentenced to pay a fine or penalty of not more than six hundred dollars ($600.00) plus cost of prosecution and in default of such fine or costs to confinement in the County jail for a term not exceeding thirty days.

(Ord. 2003-08. Passed 5-19-03.)


CHAPTER 696 - Sex Offender Residency Restrictions

696.01 Definitions.

696.02 Residency restriction/ prohibition.

696.03 Notice to move.

696.04 Exceptions.

696.05 Enforcement.

696.99 Penalty.

696.01 DEFINITIONS.

As used in this chapter, the following words and phrases shall have the following meanings ascribed to them:

(a) "Child care facility" means a licensed day care center, child care facility or any other child care services facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.

(b) "Common open space" means the area of land and/or water restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for residents of the Township, which said open space is regulated, maintained and/or owned by the Township.

(c) "Community center" means a building and related facilities used for educational, social, cultural, or recreational activities.

(d) "Permanent residence" means a place where a person lives, abides, lodges, or resides for fourteen or more consecutive days.

(e) "Public park or recreational facility" means any recreational facility, playground or park, owned or operated by the Township or any other governmental agency, including, but not limited to, the Chichester School District, the County of Delaware or the Commonwealth of Pennsylvania.

(f) "School" means any public or private school which provides education services to a minor.

(g) "Sex offender" means any person, over the age of eighteen years of age, who has been convicted of any crime against a minor identified in 42 Pa. C.S.A. Section 9795.1 which includes, but is not limited to, kidnapping, luring a child into a motor vehicle, institutional sexual assault, indecent assault, incest, prostitution, receiving sexual materials, sexual abuse of children, unlawful contacts with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, and individuals convicted of any attempt to commit any of the offenses enumerated therein.

(h) "Temporary residence" means a place where a person lives, abides, lodges, or resides for a period of less than fourteen days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence.

(Ord. 2005-02. Passed 11-21-05.)

696.02 RESIDENCY RESTRICTION/PROHIBITION.

(a) It shall be unlawful for any sex offender to establish a permanent or temporary residence within 250 feet of any school, child care facility, common open space, community center, public park or recreational facilities.

(b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the sex offender to the nearest outer property line of a school, child care facility, common open space, community center, public park or recreational facilities.

(Ord. 2005-02. Passed 11-21-05.)

696.03 NOTICE TO MOVE.

Any sex offender who resides on a permanent or temporary basis within 250 feet of any school, child care facility, common open space, community center, public park or recreational facility shall, within forty-five days of receipt of written notice of the sex offender's non-compliance with this chapter, move from said location to a new location, but said location may not be within 250 feet of any school, child care facility, common open space, community center, public park or recreational facilities within the Township. It shall constitute a continuing violation for each day beyond the forty-five days the sex offender continues to reside within 250 feet of a school, child care facility, common open space, community center, park or recreational facilities. Furthermore, it shall be a violation each day that a sex offender shall move from one location in the Township to another that is within 250 feet of any school, child care facility, common open space, community center, public park or recreational facilities.

(Ord. 2005-02. Passed 11-21-05.)

696.04 EXCEPTIONS.

This chapter shall not apply to any person who has established residence prior to November 21, 2005 and it shall not apply if the school, child care facility, common open space, community center, public park or recreational facilities within 250 feet of the sex offender's permanent residence was established subsequent to the establishment of the sex offender's permanent residence.

(Ord. 2005-02. Passed 11-21-05.)

696.05 ENFORCEMENT.

The Lower Chichester Township Police Department shall be charged with the enforcement of this chapter.

(Ord. 2005-02. Passed 11-21-05.)

696.99 PENALTY.

Any person who violates the provisions of this chapter shall, upon conviction, before a Magesterial District Judge, be sentenced to a term of imprisonment up to ninety days and shall be fined not more than one thousand dollars ($1,000) for each violation, plus the costs of prosecution and reasonable attorney's fees.

(Ord. 2005-02. Passed 11-21-05.)


CHAPTER 698 - False Statements

698.01 False statements in writing.

698.02 False information to officials.

698.03 Concealing/falsely identifying in response to official inquiry.

698.04 False information/statements on applications.

698.99 Penalty.

698.01 FALSE STATEMENTS IN WRITING.

It shall be unlawful for any person, firm, or corporation, to knowingly make or cause to be made, directly or indirectly, through any agency whatsoever, any false statement in writing, with the intent that it shall be relied upon by any official or employer or representative of the Township, on any matter pertaining to, or affected by, his or her official duties.

(Ord. 2008-04. Passed 4-21-08.)

698.02 FALSE INFORMATION TO OFFICIALS.

It shall be unlawful to knowingly give false information to any official or employee, or representative of the Township, on any matter pertaining to, or affected by, his or her official duties.

(Ord. 2008-04. Passed 4-21-08.)

698.03 CONCEALING/FALSELY IDENTIFYING IN RESPONSE TO OFFICIAL INQUIRY.

It shall be unlawful for any person, firm, or corporation, to conceal his or her, or its identity, or to falsely identify himself or herself, or it, in response to any inquiry by an official or employee of the Township, in connection with the performance of his or her official duties.

(Ord. 2008-04. Passed 4-21-08.)

698.04 FALSE INFORMATION/STATEMENTS ON APPLICATIONS.

It shall be unlawful for any person, firm, or corporation, to knowingly provide false information and/or to give any false statements, or to make same, including but not limited to, any application, employment document, application for certificate of occupancy, application for building permit, application for zoning, application for handicapped parking permit sign, tax exemption request, or any other document on which the said official or employee or representative of the Township will rely on, in the performance of his or her official duties.

(Ord. 2008-04. Passed 4-21-08.)

698.99 PENALTY.

Penalty will be pursuant to Section 202.99 of the Administration Code for General Code Penalty of the Codified Ordinances of Lower Chichester Township.

(Ord. 2008-04. Passed 4-21-08.)

Back to Top