CHAPTER 8 – HEALTH AND SAFETY
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Chapter 8: Health and Safety (Ebensburg, PA)
This chapter of the Ebensburg Borough ordinances covers a wide range of health and safety regulations, organized into nine parts.
Part 1: Weeds and Grass
- Height Limit: It is unlawful to allow weeds, grass, or plants (excluding trees, bushes, flowers, and ornamental plants) to grow taller than 12 inches.
- Sign Obstruction: Plants must not obstruct stop signs or other official traffic signs.
- Barberry Bushes: Planting or allowing the growth of common European barberry (Barberis vulgaris) is prohibited.
- Enforcement: The Chief of Police will issue a notice to the property owner or occupant, demanding abatement within 10 days. If not corrected, the Borough will perform the work and charge the owner.
- Lien: Unpaid abatement costs become a lien on the property after 60 days. The Borough can foreclose on this lien and sell the property to recover the costs.
Part 2: Noise Control
- Purpose: To protect public health, welfare, and quality of life from excessive noise.
- Quiet Hours:
- Sunday–Friday: Before 7:00 a. m. and after 9:00 p. m.
- Saturdays: Before 7:00 a. m. and after 10:00 p. m.
- General Noise Limit: The maximum permitted sound level is 55 dBA on or beyond a neighboring property line.
- Residential District Limit: During quiet hours, the limit is 45 dBA.
- Prohibited Acts: Includes creating noise disturbances from radios, animals, construction, vehicle repairs, and powered model vehicles.
- Motorsports: Specific noise emission standards apply to race courses, with limits based on decibel level and duration. Permits are required for all motorsports events, which can only be held on Fridays or Saturdays between 1:00 p. m. and 10:00 p. m.
- Penalties: Fines range from $250 for a first offense to $1,000 for subsequent offenses, plus potential imprisonment.
Part 3: Storage of Vehicles
- Prohibited Nuisances: Storing a motor vehicle that is unable to move under its own power and has specific defects (e. g. , broken glass, flat tires, missing body parts, sharp edges) is unlawful.
- Permitted Storage: Nuisance vehicles may be stored in a garage or outside within an opaque, locked fence at least 6 feet high. With special Borough Council approval, they can be stored in a screened chain-link area not exceeding 300 square feet.
Part 4: Storage of Machinery and Equipment
- Prohibited Nuisances: Storing abandoned, unused, or damaged machinery and equipment is unlawful if it creates hazards like sharp edges, vermin harborage, or contains hazardous materials.
- Permitted Storage: Similar to vehicles, these items can be stored in a garage or outside within an opaque, locked fence. With special approval, they can be stored in a screened chain-link area not exceeding 100 square feet.
Part 5: Vector Control Program
- Prohibited Acts: It is unlawful to create conditions that provide food, harborage, or breeding areas for vectors (e. g. , rodents, insects). This includes dumping refuse, accumulating debris, and allowing standing water.
- Responsibilities: Owners of multi-unit dwellings must maintain shared areas to prevent vector breeding. Occupants are responsible for extermination within their own units.
- Vector-Proofing: Buildings found to harbor vectors must be vector-proofed upon notice.
Part 6: Property Maintenance
- Buildings and Structures: Owners must maintain properties to be safe, sound, and sanitary. Unoccupied buildings that become hazards can be ordered for removal by the Borough Council.
- Yards and Lots: Prohibits hazards like rodent harborage, accumulation of objectionable materials, and unsafe wells or ponds.
- Infestation: Properties must be kept free of insect, vermin, and rodent infestations.
Part 7: Outdoor Furnaces
- Regulations:
- Must be at least 40 feet from any adjacent structure and 20 feet from a property line.
- Must have a chimney stack at least 20 feet high with a spark arrestor.
- A 20-foot area around the furnace must be free of vegetation (except grass under 4 inches).
- Minimum lot size is 40,000 square feet.
- Fuel: Only natural wood, wood pellets, and agricultural seeds in their natural state may be burned.
- Seasonal Ban: Furnaces are prohibited from May 1 to September 30.
- Permits: Installation requires a permit and must comply with all state and federal laws.
Part 8: Pawn Shops
- Regulations: Business can only be conducted on licensed premises. The ordinance includes rules, regulations, and exclusions for pawn shops.
- Penalty: Violations are subject to a penalty as defined in §8-805.
Part 9: Use of Tobacco
- Designated Areas: The use of tobacco is prohibited in parks, playgrounds, and certain recreational facilities.
- Signage: Signs must be posted to indicate these tobacco-free areas.
- Penalty: Violations are subject to a penalty as defined in §8-903.