TOWN OF JOHNSTOWN MUNICIPAL CODE

Transcription

1 TOWN OF JOHNSTOWN MUNICIPAL CODE TABLE OF CONTENTS Chapter 6 Business Licenses and Regulations Article I Licenses and Permits Generally Sec. 6-1 Applications Sec. 6-2 Persons subject to license Sec. 6-3 Forms to be prepared and kept by Town Clerk Sec. 6-4 Signatures required; form proscribed Sec. 6-5 Investigations Sec. 6-6 Fees Sec. 6-7 Termination of licenses; renewal Sec. 6-8 Compliance with requirements for buildings, premises and zoning required prior to issuance Sec. 6-9 Change of location Sec Inspections Sec Revocation Sec Return of fees in case of refusal or revocation Sec Posting Article II Fireworks Permit Sec Sales permit; required Sec Application Sec Investigation; issuance Sec Validity, transferability, assignability, renewability Sec Filing deadline Sec Cleanup bond Sec Liability insurance Sec Building permits Sec Regulations Sec Revocation Sec Discharge of fireworks in or near stand Article III Fireworks Public Display Permit Sec Possession, use unlawful Sec Required Sec Application; contents Sec Investigation of site Sec Operator's responsibilities Sec Spectators Article IV Auctions and Auctioneers Sec Definition Sec License required Sec Fee Article V Skating Rinks, Merry-Go-Rounds, Shows and Exhibitions Sec License required; exception Sec Fees Article VI Coin-Operated Game Machines Sec License fee; when payable Sec Evidence of license; display; records Sec Transfer of license Sec Inspection of machines Article VII Peddlers and Solicitors Sec Definitions Sec License required

2 Sec Application; application fee Sec Investigation; qualifications; issuance; contents Sec License fee Sec Exhibition of license Sec Revocation Sec Appeal Sec Expiration Sec Exemptions Sec Observance of No Peddlers/Solicitors signs required Article VIII Tree Trimmers Sec Application and licensing required for tree trimmers Sec Suspension or revocation of license; hearing Chapter 7 Health, Sanitation and Animals Article I Nuisances Generally Sec. 7-1 Nuisance defined Sec. 7-2 Notice to abate; separate offenses Sec. 7-3 Declaration of nuisance by Board of Trustees; abatement by Chief of Police Sec. 7-4 Abatement without notice Sec. 7-5 Assistance to abate authorized Sec. 7-6 Recovery of expenses in abatement Sec. 7-7 Authority to enter on property Sec. 7-8 Specific offenses; construction of Article Sec. 7-9 Littering prohibited Sec Violations Article II Specific Nuisances Sec Junkyards and dumping grounds Sec Discharge of nauseous liquids Sec Collection of stale, putrid or stinking fat or grease Sec Offensive deposits in sewers, sewer inlets or privy vaults Sec Slaughterhouses Sec Dead animals Sec Stagnant ponds Sec Open wells, cisterns or excavations Sec Unauthorized posting of handbills, posters and placards Sec Building materials to be removed from construction sites Sec Accumulation and use of manure Article III Garbage and Refuse Sec General, definitions Sec Accumulation of refuse prohibited and declared nuisance Sec Accumulation of refuse; abatement Sec Responsibility of owners and lessees for refuse on premises Sec Removal of refuse from business required Article IV Waste Collection Sec Collection; duty of Town to contract with third parties Sec Persons served by water taps to receive service and pay the costs and billing Sec Specifications for containers Sec Lien and collection of unpaid bills; cessation of service Article V Weeds Sec Growth and accumulation on premises and adjoining sidewalks and alleys prohibited Sec Abatement by Town; assessment of costs Sec Collection of costs of abatement by Town Article VI Trees Sec Tree planting, maintenance and removal

3 Sec Control of Dutch elm disease; entire Town to be considered area in which elm trees protected; removal, destruction of dead or dying trees Sec Inspection of trees for signs of breeding of elm bark beetles Sec Maintenance of trees, storage of wood furnishing breeding places for elm bark beetles prohibited Sec Trees on private property Sec Failure to remove trees upon notice; removal by Town; costs to be charged to owner Sec Cost for removal of trees on lots or blocks along sidewalk or street Sec Failure to pay assessment; lien created Article VII Animal Control Sec Definitions Sec Control required; running at large prohibited when Sec Dog and cat licenses required Sec Licensing requirements and standards for possession of raptors Sec License exemptions Sec License; term and time for licensing Sec Rabies vaccination certificate required Sec License fee Sec License issuance conditions Sec Dog and cat license; tag requirements Sec License; duplicate tags; ownership changes Sec Rabies control Sec Confinement of female dogs and cats in heat Sec Animal defecation; owner responsibility Sec Nuisance animals designated Sec Noisy animals Sec Animal bites; report and animal quarantine requirements Sec Certain animals prohibited Sec Vicious animals Sec Disposal of animals by court order; conditions Sec Accidents injuring animals; report required Sec Dead or injured animals Sec Impoundment authorized when; prosecution for violations Sec Redemption of impounded animals; conditions Sec Livestock; impoundment conditions Sec Livestock; holding following impoundment Sec Impoundment; disposition of unredeemed animals Sec Impoundment; records required Sec Fees; amendment authorized when Sec Animal care; unlawful activities designated Sec Protective custody for animals receiving inhumane treatment Sec Enforcement; obstructing an officer prohibited Sec Damaging impoundment facility prohibited Sec Violation; penalty Chapter 8 Vehicles and Traffic Article I Traffic Sec. 8-1 Certain traffic ordinances and provisions not affected by Code Sec. 8-2 Title Article II Model Traffic Code Sec Adoption Sec Deletions Sec Amendments Sec Application Sec Interpretation

4 Sec Penalties Article III Parking Regulations Sec Purpose Sec Parking restricted Sec Reserved Sec Idling Sec Exemptions Sec Violation; penalty Sec Restricted parking of trailers, campers and boats on streets Article IV Abandoned and Junked Vehicles Sec Definitions Sec Disabled vehicles on premises prohibited; exceptions Sec Presumption that vehicle is inoperable Sec Administrative procedure for removal Article V Traffic Safety Regulations Sec Compulsory proof of insurance Sec Mandatory use of safety belt Sec Mandatory routes for overweight trucks Chapter 9 Reserved Chapter 10 General Offenses Article I Criminal Code Sec Jurisdiction Sec Interpretation Article II Offenses Against the Public Sec Resisting arrest Sec Obstructing peace officer or fireman Sec Accessory to crime Sec Refusing to aid peace officer Sec Impersonating a peace officer Sec Impersonating a public servant Sec Aiding escape Sec Inducing prisoners to absent selves Sec Aiding escape from civil process Sec Escape Sec Obstructing highway or other passageway Sec False alarms Sec Desecration of venerated objects Sec Loitering Article III Offenses Against the Person Sec Assault Sec Criminal intimidation Sec Reckless endangerment Sec Harassment Sec Disorderly conduct Article IV Offenses Against Property Sec Criminal mischief Sec Criminal trespass Sec Remaining on certain premises after request to leave prohibited Sec Criminal tampering Sec Defacing or destruction of written instruments Sec Defacing and destroying landmarks Sec Defacing or destroying historical monuments Sec Defacing or aiding in defacing public or private property Sec Defacing posted notice

5 Sec Criminal use of a noxious substance Sec Petty theft unlawful Sec Possession of burglary tools Sec Unlawful to discard or abandon iceboxes or similar items Sec Littering of public and private property Sec Fraud by check Article V Offenses Relating to Public Morals Sec Definitions Sec Promoting obscenity Sec Promoting obscenity to a minor Sec Evidence of violation of Sections and Sec Prostitution prohibited Sec Soliciting for prostitution Sec Pandering Sec Keeping a place of prostitution Sec Patronizing a prostitute Sec Aiding prostitution prohibited Sec Promoting sexual immorality Sec Public indecency Article VI Alcoholic Beverages Sec Definitions Sec Possession in public places prohibited Sec Sales near schools Sec Restrictions concerning sales to and dispensing by minors Sec Sale to minors Sec Illegal possession or consumption of alcoholic beverages by an underage person Article VII Gambling Sec Definitions Sec Gambling and professional gambling Sec Seizure and destruction of gambling devices, records and proceeds Sec Possession of gambling device or record Sec Transmitting or receiving gambling information, installing or maintaining equipment for transmission or receipt of gambling information prohibited Sec Maintaining, aiding or permitting gambling premises prohibited; gambling premises declared nuisance Article VIII Noise Sec Unnecessary noises generally prohibited and declared nuisance Sec Noise, unreasonable Sec Limitations on loudspeakers Sec Mufflers Sec Sirens, whistles, gongs and red lights Sec Noisy animals Sec Use of jake brakes prohibited Article IX Fireworks Sec Applicability of Article Sec Definitions Article X Weapons Sec Definitions Sec Article not to affect duties of peace officer Sec Possessing an illegal weapon Sec Possession of a defaced firearm Sec Defacing a firearm Sec Unlawfully carrying a concealed weapon Sec Prohibited use of weapons Sec Possessing, carrying or using dangerous or deadly weapons

6 Article XI Offenses Relating to Minors Sec Loitering near schools and other interference with schools prohibited Sec Curfew Sec Intoxication of minor Article XII Possession and Use of Tobacco Products by Minors Prohibited Sec Intent Sec Definitions Sec Unlawful possession or use of tobacco products by minors Sec Unlawful furnishing of tobacco products to minors Sec Retail sale of tobacco products Sec Vending machines Article XIII Miscellaneous Offenses Sec Possession of marijuana and drug paraphernalia Sec Penalty Chapter 11 Streets, Sidewalks and Public Property Article I General Sec Certain ordinances relating to streets not affected by Code Sec Encroachments prohibited Sec Notice and removal of encroachments Sec Throwing broken glass, nails or dangerous substances on streets and sidewalks prohibited Sec Tree planting, maintenance and removal Sec Parade permits Article II Excavations Sec Supervision of work Sec Preparation and approval of rules and regulations Sec Commencement and completion Sec Barricades and lights Sec Width and minimum inconvenience to public Sec Sidewalks and gutters clear Article III Sidewalks, Curbs and Gutters Sec Sidewalks, curbs and gutters mandatory Sec Notice and order to install sidewalk, curb, gutter or curbwalk and related procedures Sec Duty to keep sidewalks, gutters, curbs and curbwalks free and clean Article IV Street Numbering and Naming Sec Numbers required Sec System of numbering Sec Placing numbers required Sec Material of numerals Sec Unauthorized numbers Sec Map of streets indicating numbers required Sec Authority to name streets and subdivide streets and lands Article V Parks Sec Definition Sec Authority to establish Sec Daily park hours Sec Destruction of park property Sec Erection of tents and buildings Sec % beer permit Sec Lake Park rules and regulations Article VI Cemetery Sec Ordinance accepting cemetery land not affected by Code Sec Definition Sec Penalty and liability for damage

7 Sec Perpetual care by Town Sec Management and control by Town Sec Cemetery Superintendent generally Sec Fund allocations and disbursements Sec Records, receipt of funds and burial orders Sec Town Clerk to receive application for purchase or transfer of lots or grave spaces Sec Transfer of lots and grave spaces; deeds Sec Grave spaces and charges Sec Assessments for perpetual care on lots sold before April 1, 1957; prescribed Sec Assessments for perpetual care on lots sold before April 1, 1957; charge for default in payment Sec Assessments for perpetual care before April 1, 1957 Sec Cost of grave openings Sec Payment of grave space and contracts Sec Revision of prices and assessments Sec Applications for lots, deeds and spaces Sec Depth of opening Sec Urn ashes Sec Grave liners Sec Unused space redeemable Sec Refusal of further applications for unpaid assessments Sec Repossession of abandoned ground Sec Deeds and titles Sec Indigent and welfare cases Sec Infant graves at reduced price Sec Opening and closing of graves Sec Mausoleums Sec Headstones and monuments Sec Two-party headstone identifying two (2) grave sites Sec Footstones Sec Shrubs and flowers Sec Trees and large shrubs Sec For sale signs and advertisements Sec Outside workmen Sec Control of improvements Sec Certain conditions prohibited Sec Containers for flowers Sec Heavy loads entering grounds Sec Funeral tributes Sec Changes in rules authorized Sec Disinterment charges Chapter 12 Reserved Chapter 13 Municipal Utilities Article I General Sec Ordinance No. 78 not affected by Code Sec Annexation required for water and sewer service Article II Sewers Sec Definitions Sec Use of public sewers required Sec Private waste water disposal Sec Sanitary sewers, building sewers and connections Sec Use of the public sewers Sec Destroying facilities

8 Sec Powers and authority of inspectors Sec Hearing Board Sec Abandonment of connection Sec Interference with Town employees prohibited; digging up streets for purposes of sewer connections Sec Sewer service charges Sec Billing; payment Sec Lien upon premises of unpaid charges; liability of owner Sec Discontinuance of sewer service for delinquent bills and discharging nonacceptable wastes Sec Disposition and use of funds Sec Adoption of rules and regulations governing sewers Sec Sewer tap fees Sec Penalties for violation of Sections through and Section Article III Water Sec Requirements for receiving Town tap; subdivision and annexation requirements concerning water and water transfers Sec Rates and charges, meters generally Sec Tap fees; costs of installation and maintenance Sec Billing procedure and delinquent payments Sec Potable water service charges Sec Reserved Sec Reserved Sec Reserved Sec Reserved Sec Article not to affect contracting industrial users Sec Amendment of fees Sec Raw water service Article IV Water Rights Dedication Sec Title Sec Intent and purpose Sec Definitions Sec Water rights dedication requirement Sec Water and sewer demand analysis Sec Dedication of water rights for park, open space or recreation uses Sec Exceptions Sec Procedure Sec Agricultural and open space property Sec Option or right of first refusal to purchase Sec Return flows and augmentation, exchange or reuse plans Sec Regulations may be modified Article V Infrastructure Reimbursement Sec Water and sewer line reimbursements; purpose Sec Conditions invoking eligibility for reimbursement for connections to public water and sewer Sec Computation of reimbursement for connection to public mains Sec Reimbursement procedure for private payment Article VI Water Conservation Sec Levels of drought condition Sec Water waste Sec Drought surcharge Sec Penalty for violation Article VII Storm Water Utility Sec Declaration of purpose Sec Definitions Sec Creation of Storm Water Utility

9 Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Administration by Town Manager Comprehensive Storm Water Management Plan Storm water fees Storm water management fund Development infrastructure fund Billing for fee Certain properties exempt from fees Enforcement Unpaid fees to be a lien Administrative review; appeals Storm water facilities required for subdivisions Title granted to Town Responsibility for accepted facilities Town to maintain storm water facilities; exception Disclaimer Storm Water Utility Enterprise Chapter 14 Reserved Chapter 15 Annexation Article I Annexation Regulations Sec Purpose of Chapter Sec Requirements of eligibility for annexation Sec Information required of petitioner Sec Procedure prior to approval or denial of petition; approval or denial Chapter 16 Zoning Article I Purpose Sec Declaration of purpose Article II Definitions Sec Rules of construction of language Sec Specific words and phrases Article III Establishment of Districts Sec Official Zoning District Map Sec Changes in the Official Zoning District Map Sec Replacement of the Official Zoning District Map Sec Interpretation of district boundaries Article IV Administration and Enforcement Sec Administrative official Sec Building permits Sec Application for building permit Sec Certificates of zoning compliance Sec Expiration of building permit Sec Construction and use to be as provided in plans and permits Sec Complaints regarding violations Sec Public hearings Article V Amendments Sec Authority Sec Procedure Sec Protest of amendments Article VI Board of Adjustment Sec Establishment Sec Proceedings Sec Powers and duties Sec Conditions Sec Decisions of the Board of Adjustment

10 Sec Procedure Article VII Conditional Use Grants Sec Intent Sec Approval of conditional use grants Sec Application to existing uses Sec Termination of conditional uses Sec Standards and requirements Sec Procedure Article VIII General Application of Regulations Sec Compliance with regulations Sec Structures other than buildings Sec Accessory uses and structures Sec Basic locational regulations Sec Legal nonconformity Article IX Supplementary District Regulations Sec Visibility at intersections Sec Home occupations Sec Off-street parking requirements Sec Off-street loading requirements Sec Approval of building, site and operational plans Article X Application of Individual Lot Regulations Sec General Sec Use regulations Sec Lot size Sec Density Sec Building location Sec Open space Article XI Single-Family Residential SF-1 Districts Sec Statement of intent Sec Use regulations Sec Density Sec Building location Sec Open space Sec Off-street parking requirements Article XII Single-Family Attached Residential SF-2 District Sec Statement of intent Sec Use regulations Sec Density Sec Building location Sec Open space Sec Off-street parking requirements Article XIII Multifamily Residential MF-1 District Sec Statement of intent Sec Use regulations Sec Density Sec Building location Sec Open space Sec Off-street parking requirements Article XIV Central Business CB District Sec Statement of intent Sec Use regulations Sec Off-street parking requirements Sec Off-street loading requirements Article XV Industrial I District Sec Statement of intent Sec Use regulations

11 Sec Limitation on external effects of uses Sec Lot size Sec Building location Sec Off-street parking requirements Sec Off-street loading requirements Article XV-A Gateway District Sec Statement of intent Sec Use regulations Sec Limitation on external effects of uses Sec Lot size Sec Building location Sec Off-street parking requirements Sec Off-street loading requirements Article XV-B Holding Agricultural District Sec Statement of intent Sec Permitted uses Sec H-A District requirements Article XVI Recreation and Open Space O District Sec Statement of intent Sec Use regulations Sec Lot size Sec Off-street parking requirements Article XVII Planned Unit Development Sec Purpose and intent Sec Permitted uses Sec Declaration of policy; review criteria Sec PUD review process Sec Development assurances Sec Design standards Article XVIII Planned Mobile Home Park Development and Regulations Sec Statement of intent Sec Where permitted Sec Locational restrictions Sec Use regulations Sec Minimum area requirement Sec Site planning internal Article XIX Telecommunication Towers and Antennas Sec Definitions Sec Purpose Sec Applicability Sec General requirements Sec Specific requirements Sec Applications Sec Inventory and tracking Sec Separation allowances Sec Location exceptions Article XX Sign Code Sec Intent and purpose Sec Definitions Sec Permit requirements Sec General provisions Sec Signs not subject to permit Sec Signs requiring a permit Sec Master sign plan Sec Prohibited signs Sec Supersession

12 Sec Enforcement and penalties Chapter 17 Subdivisions Article I Purpose; Definitions Sec Declaration of purpose Sec Definitions Article II Applicability of Regulations Sec Control Sec Jurisdiction Sec Fees Sec Interpretation Article III Variances and Modifications Sec Procedure Sec Criteria for grant of variances or modifications Sec Conditions Article IV Dedication and Reservation of Land Sec Dedication Sec Reservation Sec School site dedication Article V Subdivision Procedure Sec Pre-application procedure Sec Conditional approval of Preliminary Plat Sec Approval of Final Plat Sec Resubdivision procedures Article VI Plats and Data Sec Outline Development Plan and data Sec Preliminary Plat and data Sec Final Plat and data Article VII Design Standards Sec General site considerations Sec Streets Sec Utility easements Sec Blocks Article VIII Required Improvements Sec General regulations Sec Street improvements Sec Public improvements required Article IX Planned Unit Development Sec Intent Sec Procedure Sec Requirements Article X Local Improvement Districts Sec Authority to establish Sec Petition required Sec Contents of petition Sec Defects in and duplicates of petition Sec Bond Sec Hearing on petition Sec Notice of petition Sec Board of Trustees determination of electors and assessments; dismissal of petition Sec Approval of petition Sec Appeal of Board of Trustees finding Sec Filing of ordinance establishing district Sec Organization, powers and authority in compliance with state law Sec Election required on indebtedness

13 Sec Requirements for the ordinance creating indebtedness Article XI Oil and Gas Exploration and Production Sec Purpose Sec Definitions Sec Well and tank batteries location and setbacks Sec Floodplain and floodway location restrictions Sec Disposal of drilling mud and exploration and production waste Sec Seismic operations Sec Signage Sec Access roads Sec Compliance with state environmental requirements Sec Noise regulation and special mitigation measures Sec Visual impact/aesthetics regulation and special impact measures Sec Wildlife impact mitigation Sec Recordation of flow lines Sec Reclamation Sec Abandonment and plugging of wells Sec Operations within one-half mile of development Sec Building permit Sec Requirements and procedures Sec Site plan application elements Sec Application review criteria Sec Consideration of waste and correlative rights Sec Written resolution of decision Sec Notice to proceed Sec Reports and inspections Sec Inspection and reporting fees Sec Violation and enforcement Sec Severability Article XII Impact Fees Sec Purpose and intent Sec Definitions Sec General provisions; applicability Sec Procedures for imposition, calculation and collection of impact fees Sec Establishment of impact fee accounts; appropriation of impact fee funds; refunds Sec Appeals Sec Exemptions; waivers Sec Development fee adjustment for inflation Sec Transportation facilities development fee Sec Parks and recreation facilities development fee Sec Public facilities development fee Sec Library facilities development fee Sec Police facilities development fee Sec Credit for historical use Article XIII Vested Property Rights Sec Intent Sec Definitions Sec Notice and hearing Sec Development agreements Sec Notice of approval Sec Approval; effective date; amendments Sec Payment of costs Sec Other provisions affected Sec Limitations Article XIV Flood Damage Prevention

14 Sec Sec Sec Sec Sec Sec Sec Statement of purpose Methods of reducing flood losses Definitions General provisions Administration Provisions for flood hazard reduction Penalty Chapter 18 Building Regulations Article I Residential Code Sec International Residential Code adopted Sec Application of regulations Sec Amendments Article II Building Code Sec International Building Code adopted Sec Application of regulations Sec Amendments Article III Mechanical Code Sec International Mechanical Code adopted Sec Application of regulations Sec Amendments Article IV Plumbing Code Sec International Plumbing Code adopted Sec Application of regulations Sec Amendments Article V Energy Conservation Code Sec International Energy Conservation Code adopted Sec Application of regulations Sec Amendments Article VI Fuel Gas Code Sec International Fuel Gas Code adopted Sec Application of regulations Sec Amendments Article VII Fire Code Sec International Fire Code adopted Sec Application of regulations Sec Amendments Article VIII Dangerous Buildings Code Sec Uniform Code for the Abatement of Dangerous Buildings adopted Sec Application of regulations Sec Amendments Article IX Electrical Code Sec National Electrical Code adopted Sec Application of regulations Sec Amendments Article X Violation; Penalty Sec Violation Sec Penalty Article XI Fees and Charges Sec Fees and charges