Ordinances

Most Frequently Referred to Ordinances

Ordinance No. 1989-1  Prohibiting the Storage of Abandoned Vehicles, Trash, and Junk

An Ordinance of the Board of Supervisors of Letterkenny Township, Franklin County, Pennsylvania, prohibiting the storage and keeping of abandoned or junked vehicles, trash, junk, and other activities; declaring such activities to constitute nuisances; providing for the removal thereof on public or private grounds after notice to the owners to do so, and in default thereof, to collect the costs of such removal by the township; and prescribing penalties for violation.

WHEREAS, the Board of Supervisors of Letterkenny Township, Franklin County, Pennsylvania, deem it to be in the best interests and general welfare of the citizens and the residents of this Township to prohibit the unreasonable, unwarrantable or unlawful use of private or public property which endangers the health, safety, and welfare of residents and causes injury, damage, inconvenience, annoyance, or discomfort to others in the legitimate enjoyment of their rights; and

WHEREAS, Section 702 of the Second Class Township Code, 1933, May 1, P.L. 103, Art. VII, 702(c)(1) XII, as amended, (53 P.S. 65712), authorizes Townships of the second class to prohibit nuisances, to remove same and to impose penalties thereof.

NOW, THEREFOR, BE IT ENACTED AND ORDAINED, and it is enacted and ordained by the Board of Supervisors of Letterkenny, Franklin County, Pennsylvania, as follows:

SECTION 1.  DEFINITION:   For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein.  When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word “shall” is always mandatory and not merely directory.

  1. “Township” is the Township of Letterkenny, Franklin County, Pennsylvania.
  2. “Board of Supervisors” is the board of Supervisors of Letterkenny, Franklin County, Pennsylvania.
  3. “Owner” is a person owning, leasing, occupying, or having charge of any premises within the Township, or any or all of them..
  4. “Person” is any natural person, firm, partnership, association, corporation, company, club, co-partnership, society, or any organization of any kind.
  5. “Abandoned Vehicles” – A vehicle (other than a pedal cycle):  (i)  that is inoperable and is left unattended on public property for more than 48 hours;            (ii)  that has remained illegally on public property for a period of more than 48 hours;  (iii)  without a valid registration plate or certificate of inspection or title left unattended on or along a highway; or  (iv)  that has remained on private property with or without the consent of the owner or person in control of the property for more than 48 hours;  (v)  vehicles and equipment used or to be used in construction or in the operation or maintenance of public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
  6. “Junked Vehicles” – any motor vehicle not contained in a building, which is without either a current inspection certificate or current registration plate, excluding one vehicle per owner qualifying as an antique or classic car.
  7. “Nuisance” is the unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance, or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of person or property.

SECTION 2.  NUISANCES DECLARED ILLEGAL:  Nuisances, including, but not limited to the following specific acts or activities, are hereby declared to be illegal:

  1. Storage or Accumulating the Following:
  2. Garbage or rubbish;
  3. Junk material, including, but not limited to, unused or abandoned machinery, equipment, or appliances, excluding equipment utilized in a bona fide operating farming or commercial enterprise.
  4. Other junk, including, but not limited to, any and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste, and other salvable materials.
  5. Storing or accumulating abandoned or junked vehicles except by a currently licensed, permitted, and operating salvage yard.
  6. Storing or accumulating more than one antique or collector motor vehicles for restoration which are neither sheltered by a building nor enclosed behind an evergreen or solid fence of sufficient height and density to totally obscure the vehicle(s) from the view of adjoining property owners and travelers on adjoining highways or streets.
  7. Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cess pools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane, or alley in the Township into or upon any said highway, road, street, avenue, lane, or alley; or from any property into or upon any adjoining property.
  8. Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling situate upon property along public highway, road, street, avenue, lane, or alley in the Township into or upon the cartway or traveled portion of any said highway, road, street, avenue, lane, or alley, except where provision has been made in said cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.
  9. Burning of garbage, tires, or tar products.
  10. Maintaining or causing to be maintained, any dangerous structure, including but not limited to, abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair.
  11. Permitting or allowing any well or cistern to be, or remain, uncovered.
  12. Interfering with the flow of a stream, creek, or other waterway by means of a dam or other construction, unless authorized by law.
  13. Removing the embankment of a stream so as to alter the natural flow of the stream.
  14. Pushing, shoveling, or otherwise depositing snow upon the cartway or traveled portion of any public highway, road, or street which is maintained by the Township or by the Commonwealth of Pennsylvania, and allowing same to remain thereon.
  15. Allowing or permitting any excavation, material excavated, or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.

SECTION 3.  STORING OR ACCUMULATING TRASH, GARBAGE, OR JUNK MATERIAL OR ABANDONED OR JUNKED VEHICLES:  The following acts or activities, without regard to their classification as “nuisances”, are hereby declared to be illegal:

  1. Storing or Accumulating the Following:
  2.   Garbage or rubbish;
  3.   Junk Material, including, but not limited to, unused or abandoned machinery, equipment, or appliances.
  4.   Other junk, including, but not limited to, any and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste, and other salvable materials.
  5. Storing or accumulating abandoned or junked motor vehicles, except by a currently licensed, permitted and operating salvage yard.
  6. Storing or accumulating more than one (1) antique or collector motor vehicles for restoration which are neither sheltered by a building nor enclosed behind an evergreen or solid fence of sufficient height and density to totally obscure the vehicle(s) from the view of adjoining property owners and travelers on adjoining highways or streets.

SECTION 4.  WRITTEN NOTICE TO VIOLATORS REQUIRED:  Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following manners:

  1. By making personal delivery of the notice to the owner and/or tenant;
  2. By handing a copy of the notice at the residence of the owner and/or tenant to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person at such residence;
  3. By fixing a copy of the notice to the door at the entrance of the premises in violation and mailing a copy of such notices to the owner and/or tenant to the last known address by regular mail;
  4. By mailing a copy of the notice to the last known address of the owner and/or tenant by certified mail;
  5. If personal service in the manner set forth above cannot be made, by publishing a copy of the notice in a local newspaper of general circulation within Franklin County, Pennsylvania, once a week for three (3) successive weeks.

Such notice shall set forth in what respect such condition constitutes a violation of this Ordinance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, or by fencing or boarding, or in some way confining and limiting the violation, and what action must be taken within the required time period.  Such notice shall require the owner and/or tenant to complete the required action in accordance with the terms of the notice and this Ordinance within twenty (20) days and to comply fully with its terms, with all material to be supplied and work to be done at the owner’s and/or tenant’s expense; provided, however, if any of the provisions of Section 2 (F), (H), (K), or (L) is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner and/or tenant to immediately comply with the terms hereof.

SECTION 5.  PENALTY FOR VIOLATION:  If the owner and/or tenant, after receiving due notices, refuses to comply with the terms thereof:

  1. He shall be guilty of a violation of the Ordinance, and shall, upon conviction thereof, pay a fine of not more than Three Hundred and No/100ths ($300.00) Dollars, and the costs of prosecution, and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than Ten (10) days, provided, further, that each day’s continuance of violation shall constitute a separate offense.
  2. The Board of Supervisors may direct the removal, repair, or alterations, as the case may be, to be done by the Township and to certify the costs thereof to the Township solicitor, the cost of such removal, repairs, or alterations shall be a lien upon such premises from the time of such removal, repairs, and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.
  3. The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation, or seek any such other relief as any such court of competent jurisdiction is empowered to afford.

SECTION 6.  SEVERABILITY:  If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION 7.  EFFECTIVE DATE:  This Ordinance shall become effective five (5) days after the adoption hereof.

ENACTED AND ORDAINED into law by the Township of Letterkenny, Franklin County, Pennsylvania, this 31st day of January, 1989.

 Ordinance No. 1992-3 Prohibiting Nuisances Relating to Dogs and Cats on Private and Public Property

An Ordinance of the Board of Supervisors of Letterkenny Township, Franklin County, Pennsylvania, prohibiting nuisances relating to dogs and cats on private and public property within the township; establishing procedures for enforcement of the same; and fixing penalties for violation.

To be Continued Soon. . . .

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