Chapter 10 - Health & Safety

CHAPTER 10

 

HEALTH AND SAFETY

 

 

PART 1

 

VECTOR CONTROL

 

 

§101. Definitions

§102. Forbidden Acts

§103. Responsibilities of Owners and Occupants

§104. Vector Proofing

§105. Vector Control Programs

§106. Inspections

§107. Additional Rules

§108. Penalties

 

 

PART 2

 

DRUG PARAPHERNALIA

 

 

§201. Short Title

§202. Preface; Policy and Intention

§203. Authority

§204. Definitions

§205. Prohibited Conduct

§206. Violations and Penalties

 

 

PART 3

 

ADJUDICATION ALTERNATIVE PROGRAM

ADMINISTRATIVE FEES

 

 

§301 

§302 

 

 

 

 

 

 

 

PART 4

 

NUISANCES

 

 

§401  Legislative Authority

§402  Purpose

§403  Definitions

§404  Nuisances

§405  Enforcement Procedures

§406  Violations and Penalties

§407  Equitable Remedy

§408  Correction of Condition by Township

§409  Remedies Non-Exclusive

 

 


 

PART 1

 

VECTOR CONTROL

 

 

§101. DEFINITIONS.

 

ACCESSORY STRUCTURE - a detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.

 

BREEDING AREA - any condition which provides the necessary environment for the birth or hatching of vectors.

 

COLLECTION OF WATER - contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.

 

DILAPIDATED - fallen into partial ruin or decay.

 

DISPOSAL - the storage, collection, disposal or handling of refuse.

 

EXTERMINATION - the control and elimination of vectors by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging, larviciding, trapping or by any other recognized and legal vector control elimination methods approved by the local or State authority having such administrative authority.

 

GARBAGE - all animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods.

 

HARBORAGE - any place where vectors can live, nest or seek shelter.

 

OCCUPANT - any person over 1 year of age, living, sleeping, cooking or eating in, or actually having possession of, a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.

 

OWNER - any person who alone or jointly or severally with others:

 

A.      Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or,

 

B.       Shall have charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner or as executor, administrator, trustee 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 Part and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

REFUSE - all solid wastes, except body wastes, and shall include garbage, ashes and rubbish.

 

RUBBISH - glass, metal, paper, plant growth, wood or nonputrescible solid waste.

 

VECTOR - a rodent, anthropoid or insect capable of transmitting a disease or infection.  Vectors shall include, but not be limited to rats, mosquitoes, cockroaches, flies, ticks, etc.

 

VECTOR PROOFING - a form of construction to prevent the ingress or egress of vectors to or from a given space or building or gaining access to food, water or harborage.  This term shall include, but not be limited to, rat proofing, fly proofing, mosquito proofing, etc.

 

(Ord. 75-1, 1/7/1975, §2)

 

 

§102. FORBIDDEN ACTS. 

 

It shall be unlawful:

 

A.      For any person, firm or corporation to deposit any refuse, offal, pomace, dead animals, decaying matter, or organic substance of any kind in or upon any private lot, building, structure, accessory structure, premises or in or upon any street, avenue, alley, parkway, ravine, ditch, gutter or into any of the waters of the Commonwealth so that the same shall or may afford food, harborage or breeding areas for rats, flies or other vectors and thereby create a public health threat.

 

B.       For any person, firm or corporation to deposit or permit to accumulate in or upon any premises, improved or vacant or on any open lot or alley, any lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster, or rubbish of any kind so that the same shall or may afford food, harborage or breeding areas for rats, flies or other vectors and thereby create a public health threat; provided, however, that the same may be kept in approved covered receptacles or placed on open racks that are elevated not less than 18 inches above the ground and evenly piled or stacked, or disposed of as may be approved by the Department of Environ- mental Protection.  [Ord. 98-7]

 

C.       To maintain a junkyard or place for the dumping or wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of dilapidated, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places may afford harborage or breeding areas for rats or other vectors and thereby create a public health threat.

 

D.      To store refuse in containers other than plastic bags and containers which shall be made of durable, watertight, rust-resistant material having a tight-fitting lid which must be kept on the container when in use.  These containers must be kept clean by thorough rinsing and draining as often as necessary so as not to provide food or breeding areas for flies.

 

E.       To dump, burn, bury, destroy or otherwise dispose of refuse except at an approved refuse disposal site.

 

F.       To collect, haul, transport or convey garbage in open, unenclosed nonleakproof vehicles.

 

G.       To construct, maintain or use a sewage system, privy, urinal, cesspool or other receptacle for human excrement, so that vectors may have access to the excrementitious matter contained therein.

 

H.      To permit weeds or similar vegetation more than 6 inches high to remain standing in any vacant lot, yard or other place except as may be approved by this Township.

 

I.        To have, keep, maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained so as effectually to prevent such breeding.

 

(Ord. 75-1, 1/7/1975, §3; as amended by Ord. 98-7, 8/27/1998)

 

 

§103. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. 

 

Owners and occupants shall have the following responsibilities:

 

A.      Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

 

B.       Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.

 

C.       Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects and/or rodents on the premises; and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested.  Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner.  Whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. 

 

(Ord. 75-1, 1/7/1975, §4)

 

 

§104. VECTOR PROOFING. 

 

Any dwelling, building, structure, accessory structure, premise or any other place may be required to be vector proofed when found to be providing harborage or breeding areas for rats, flies, mosquitoes, or any other vectors.  It shall be unlawful for the owner, occupant, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the vector proofing from any building, structure or accessory structure, for any purpose. 

 

(Ord. 75-1, 1/7/1975, §5)

 

 

§105. VECTOR CONTROL PROGRAMS. 

 

A program planned and specifications for private vector control programs may be required to be submitted to this Township as deemed necessary by the Vector Control Officer.  Said program plan shall be submitted by the owner or agent of the property on or in which said vector control program is or will be conducted.  The program plan shall state the type of vectors to be controlled, the name of the company contracted to carry out the program, and any and all work to be conducted in an effort to control said vectors.  If, after review of the program plan by the Vector Control Officer, it is found to be inadequate or incomplete, additional information may be required as well as additional control methods. 

 

(Ord. 75-1, 1/7/1975, §6)

 

 

§106. INSPECTIONS. 

 

1.       From and after the passage of this Part, this Township and/or a representative of the vector control program is empowered to make inspections of the interior and exterior of all dwellings, buildings, structures and accessory structures, premises, collections of water, or any other places to determine full compliance with this Part and any regulations adopted hereunder, and to determine evidence of vector infestation and the need for vector proofing or additions or repairs to existing vector proofing.

 

2.       Whenever it shall be determined that any dwelling, building, structure, accessory structure, premise, collection of water or any other place is in violation of this Part, a notice shall be issued setting forth the alleged violations and advising the owner, occupant, operator or agent that such violations must be corrected.  The time for the correction of said violations must be given as well as the necessary methods to be employed in the correction.

 

3.       Whenever said violations shall fail to be corrected within the time set forth and an extension of this time is not deemed to be necessary, this Township may proceed to abate the said violations in the manner provided by law.

(Ord. 75-1, 1/7/1975, §7)

 

 

§107. ADDITIONAL RULES. 

 

The Board of Commissioners of this Township, by resolution duly adopted, may establish rules and regulations to carry out the provisions of this Part.  Such rules and regulations shall become effective upon adoption of the resolution, unless another effective date is specified in the resolution. 

 

(Ord. 75-1, 1/7/1975, §7)

 

 

§108. PENALTIES. 

 

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.  Each day that a violation of this Part continues shall constitute a separate offense. 

 

(Ord. 75-1, 1/7/1975, §8; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 2

 

DRUG PARAPHERNALIA

 

 

§201. SHORT TITLE. 

 

This Part shall be known as the "Hampden Township Controlled Substance Parapherna­lia Prohibition Ordinance." 

 

(Ord. 80-3, 11/5/1980, §1)

 

 

§202. PREFACE; POLICY AND INTENTION. 

 

The people and citizens of the Township and citizens of the Township of Hampden acting by and through their duly elected government body, this Board of Commissioners, are aware that businesses exist in our nation that market and advertise for sale and sell paraphernalia that are utilized by our residents in the introduction into their bodies of prohibited controlled substances and that this business is not effectively controlled, regulated or prohibited.  This Board of Township Commissioners believes that this industry panders to our youth, encourages them, physically, to utilize controlled substances and, in this way, encourages such persons in the illegal use of controlled substances.  This Board of Township Commissioners believes that such use of controlled substances is harmful to the user thereof and poses a clear, present and substantial danger to the health and welfare of the persons who utilize such substances.  Therefore, in answer to these factors, this Part is enacted to promote the health, safety and public welfare of the citizens and inhabitants of the Township of Hampden. 

 

(Ord. 80-3, 11/5/1980, §2)

 

 

§203. AUTHORITY. 

 

This Part and the objectives leading to its enactment are authorized by the provisions of the First Class Township Code aforesaid including, but not limited to, the following sections thereof:

 

A.      Article XV, §1502, Cl. I, II (53 P.S. §56502).

 

B.       Article XV, §1502, Cl. X (53 P.S. §56510).

 

C.       Article XV, §1502, Cl. XXVI (53 P.S. §56526).

 

D.      Article XV, §1502, Cl. XLIV (53 P.S. §56544).

 

E.       Article XV, §1502, Cl. LII (53 P.S. §56552)

 

(Ord. 80-3, 11/5/1980, §3)

§204. DEFINITIONS. 

 

DRUG PARAPHERNALIA - all equipment, products and materials of any kind which are used, intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Pennsylvania Controlled Substance, Drug Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64 (35 P.S. §780-101 et seq.), the term "Drug Paraphernalia" includes, but is not limited to the following:

 

A.      Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substances can be derived.

 

B.       Kits used, intended for use or designed for use in manufacturing, compound­ing, converting, producing, processing or preparing controlled substances.

 

C.       Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.

 

D.      Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

 

E.       Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

 

F.       Separation bins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana.

 

G.       Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.

 

H.      Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

 

I.        Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

 

J.        Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.

 

K.       Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:

 

(1)      Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal howls.

 

(2)      Water pipes.

 

(3)      Carburetion tubes and devices.

 

(4)      Smoking and carburetion masks.

 

(5)      Roach clips; meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand.

 

(6)      Miniature cocaine vials.

 

(7)      Chamber pipes.

 

(8)      Carburetor pipes.

 

(9)      Electric pipes.

 

(10)    Air-driven pipes.

 

(11)    Chillums.

 

(12)    Bongs.

 

(13)    Ice pipes or chillers.

 

(Ord. 80-3, 11/5/1980, §4)

 

 

§205. PROHIBITED CONDUCT.

 

1.       It shall be and is a violation of this Part for any person, other than a licensed pharmacist, physician, dentist, hospital personnel or medical personnel, all of whom are operating within the normal course of their profession, to offer for sale, to deliver by sale or gift or to manufacture with intent to deliver by sale or gift, drug parapher­nalia, knowing or under circumstances where one reasonably should know, that said drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, inhale or otherwise introduce into the human body a controlled substance in violation of this Part.

 

2.       It shall be and is a violation of this Part for any person, other than a licensed pharmacist, physician, dentist, hospital personnel or medical personnel, all of whom are operating within the normal course of their profession, to place in any newspaper, magazine, handbill or other publication of general circulation in the Township of Hampden any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

 

(Ord. 80-3, 11/5/1980, §5)

 

 

§206. VIOLATIONS AND PENALTIES. 

 

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.  Each day that a violation of this Part continues shall constitute a separate offense. 

 

(Ord. 80-3, 11/5/1980, §6; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)


PART 3

 

ADJUDICATION ALTERNATIVE PROGRAM

ADMINISTRATIVE FEES

 

 

§301            The police officers of the Hampden Township Police Department are hereby authorized and directed to request the assessment and imposition of an administrative fee of $25.00, payable to Hampden Township, from the Magisterial District Judge for those offenders admitted to adjudication alternative programs pursuant to Title 42 Pa. C.S.A. §1520 (or any successor or amended section), with such administrative fee to be paid by the offender as part of the expense of administering the program. 

 

 

§302            The amount of the administrative fee charged and assessed as noted in Section 301, above, may be changed from time to time by the Board of Commissioners by Resolution. 

 

(Ord. 07-13, 11/1/2007, §1)

 


 

 

 

 

 

 

 

 

 

 

 

 

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PART 4

NUISANCES

§ 401.  LEGISLATIVE AUTHORITY. 

This Part is enacted pursuant to the power of the Board of Commissioners to prohibit nuisances in accordance with the First Class Township Code, 53 P.S. §56526 and to provide for the safety of persons and property within Hampden Township pursuant to 53 P.S. §56510.

 

§ 402.  PURPOSE.

 

The Board of Commissioners deems it for the health, general welfare, cleanliness and safety of the Township, its residents and visitors, to adopt an ordinance related to certain nuisances, and finds:   

 

  1. That the existence of grass, weeds and similar vegetation in excess of the height specified in this Part creates a danger because such condition provides a haven for insects, rodents, vermin and animals and otherwise creates unhealthful and unsafe conditions; and

     

  2. That buildings and structures, including, but not limited to, residences, dwellings, garages, sheds, barns, commercial buildings and industrial buildings, which have been damaged by wind, fire or other causes, become dilapidated, decayed, unsafe and unsanitary so as to become uninhabitable, are dangerous to life and safety of occupants, neighbors or other people in the Township.

 

§ 403.  DEFINITIONS.

 

The following words and phrases when used in this Part shall have the meanings ascribed to them in this Section: 

 

BOARD or BOARD OF COMMISSIONERS – the Board of Commissioners of Hampden Township.

 

BUILDING – a structure, either temporary or permanent, used or occupied as a roofed shelter without walls or a roofed enclosure with walls for persons, animals or property.  The word “building” shall be construed as if followed by “or any part thereof”. 

 

DANGEROUS STRUCTURE or DANGEROUS STRUCTURES – All buildings or structures, including, but not limited to, residences, dwellings, garages, sheds, barns, commercial buildings and industrial buildings, which have one or more of the following defects:

 

  1. Those which have been damaged by fire, wind or other cause so as to fail to provide the amenities essential to decent living and are unfit for human habitation;

     

  2. Those which have been damaged by fire, wind, or other cause so as to have become dangerous to the life and safety or the general health and welfare of the occupants or other people of the Township;

     

  3. Those which have become or are so dilapidated, unsafe, unsanitary, or which fail to provide the amenities essential to decent living are likely to cause accidents, sickness, or disease, so as to incur injury to the health, safety, or general welfare of the people of the Township;

     

  4. Those which have parts thereof which are so attached that they might fall and injure members of the public or cause damage to adjoining property; or

     

  5. Those which because of their general condition are unsafe, unsanitary, or dangerous to the health, safety or general welfare of the citizens, residents and visitors to the Township.

 

PERSON – A natural person, firm, partnership, limited partnership, limited liability partnership, limited liability corporation, association, corporation, trust or other legal entity. 

 

STRUCTURE – A man-made object having an ascertainable, stationary location on or in land or water, whether or not affixed to the land, or something located on the land.  The word “structure” shall include buildings, fences, walls, towers, swimming pools, porches, garages or the like, or any part thereof.

 

TOWNSHIP – Hampden Township, Cumberland County, Pennsylvania.

 

§404.  NUISANCES.

 

  1. Dangerous structures are hereby declared to be a public nuisance and shall be repaired, vacated, secured and/or demolished.

     

  2. Weeds or similar vegetation and/or grass more than six (6) inches high permitted to remain standing in any vacant or occupied lot, yard or other place (excluding grass grown for feed or browse for grazing livestock, for hay or silage where agricultural use is lawful) is/are hereby declared to be a public nuisance and shall be removed, trimmed and/or mowed.

 

§405.  ENFORCEMENT PROCEDURES.

 

  1. A.Notice.Whenever a condition constituting a nuisance is maintained, the Director of Community Development or his or her designee, shall cause written notice to be served upon the owner and the occupant of the property, if applicable, in one of the following manners:

     

    1. By making personal service or delivery of the notice to the owner, and, if applicable, to the occupant of the premises; or

       

    2. By mailing a copy of the notice to the last known address of the owner, and, if applicable, the occupant, by United States Certified Mail, return receipt requested, and also by mailing a copy of said notice by United States First Class Mail, as evidenced by a postal certificate of mailing.The notice required by this section shall be sent to the owner or owners at the last known address according to the real estate tax records of the Township.

       

    3. In addition to service of the notice being given by either (1) or (2), above, service shall be made by posting a copy of the notice and order in a conspicuous place visible to the public and to any owner or occupant of the property on the property which is the subject of the notice and order.

       

  2. Order to correct.Such notice shall contain an order to correct which shall include:

 

  1. A description sufficient to identify the condition and location of the condition;

     

  2. An order to such owner and/or occupant to take action to correct the condition within a specified time no less than within 10 days after the date of the notice and, thereafter, to comply fully with its terms and the notice with reasonable diligence as is deemed necessary by the Township to correct the condition under the circumstances;

     

  3. A warning substantially to the effect that if the condition is not corrected within the time fixed in the order, the failure to correct the condition could result in the imposition of a fine, court costs and legal fees, and, in addition, could result in the condition being abated by the Township as a public nuisance at the cost and expense of the owner of the property; and

     

  4. Both the owner and the occupant shall be responsible for carrying out or complying with the order.

 

 

§406.  VIOLATIONS AND PENALTIES. 

 

            Enforcement of any violation of this Part shall be by an action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.  Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine in an amount not to exceed $1,000 per violation and the costs of prosecution, and, in default of payment of such fine and costs of prosecution, shall undergo imprisonment of not more than 90 days; provided, further, that each day’s continuance of a violation shall constitute a separate offense. 

 

 

 

 

§407.  EQUITABLE REMEDY.

 

The Township, upon direction of the Board of Commissioners, by means of a complaint

in equity in the Court of Common Pleas of Cumberland County, may compel the owner and, if applicable, the occupant of the premises, to comply with the terms of any notice of violation, or otherwise may seek any such other relief, including all costs of suit and legal fees. 

 

 

§408.  CORRECTION OF CONDITION BY TOWNSHIP.

 

            In addition to any other penalties and remedies set forth in this Part, any owner who shall create, continue, maintain, or permit a nuisance as declared in this Part on their or its premises within the Township, as applicable, and/or permit such conditions to exist and continue unabated, shall within 10 days or such greater reasonable time as determined by the Director of Community Development, after notice and order, to do so, legally remove the same and legally dispose of any debris from the same as required by law or ordinance, as applicable.  If such owner shall fail, neglect or refuse to comply with the provisions of the notice and order within the time limit set forth, the Township shall have the authority, in person or by their agents and/or employees, to abate the nuisance and in so doing, shall have authority to enter upon the property of such person in default and, thereupon, the Township shall collect the cost and expense of such removal from any owner who created, continued, caused, maintained or permitted such violation to exist, by the filing of a municipal claim in the manner provided by law for the collection of municipal claims or by a civil action.  In addition to such costs and expenses, such claim shall include a penalty of ten (10) per centum of such costs and expenses, attorney’s fees, interest and filing costs as provided by law for municipal claims.

 

§409.  REMEDIES NON-EXCLUSIVE.

 

            The imposition of the remedies or penalties in this part are not exclusive, but cumulative, and the exercise of one remedy or penalty shall not preclude the Township from instituting an appropriate action in law or equity, or taking appropriate action under this Part or otherwise, to restrain, correct or abate the violation. 

 

(Ord. 2018-11, 08/02/2018)

 


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