News

District Judge Charles Conway found Ronald J. Thompson guilty Thursday of violating the municipality's garbage ordinance for failing to remove the 800-foot-long structure, made of brightly painted wooden pallets, from his 27-acre Kemerer Hollow Road property. The citation carries a fine of $600 plus another $44.50 in costs.

For two months, a public dispute has simmered over the fence, which is considered refuse by code-enforcement officials there.

Thompson built the ragtag barrier, which he painted black, orange, and yellow, to keep his four dogs from running onto the property of his neighbors, John and Chris Parrendo. The Parrendos complained to municipal officials that Thompson's dogs were leaving his property and crossing theirs to swim in a nearby creek.

From May through July, animal control officer Gary Hoffman cited Thompson for dog violations that could lead to $1,400 in fines, according to records at Conway's office.

The Parrendos then complained about the fence itself after it began to fall down, said Tom McGuire, one of Murrysville's code-enforcement officers. McGuire subsequently determined the fence to be garbage under the ordinance, along with a junked car and about 150 tons of stone on Thompson's property.

In late August, a second code-enforcement officer, David M. Jobe, filed a summary citation because Thompson had not removed the fence and other items. Thompson subsequently removed the car and the stone, but left the fence in place.

Yesterday, Thompson's attorney, Timothy Dawson, and McGuire argued the fence issue before Conway. Thompson was not present for the hearing, nor were the Parrendos, who were listed as witnesses.

Dawson contended that Conway should not find Thompson guilty of violating the ordinance because the pallet fence could not be considered garbage as defined by the municipality.

Under the ordinance, Dawson noted, garbage is defined " ... as any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors."

"Mr. Thompson's fence is controversial. But that's the country we live in. You are allowed to be controversial. The truth of the matter is that this controversy does not fit the charge," Dawson said. "I'm looking at due process and specificity. This municipality has not seen fit to draft a specific fence ordinance, which it could have easily done, but it hasn't. This fence is not garbage."

McGuire, who showed photographs of the fence to Conway, countered that the partially grounded fence should be considered bulk debris, which would make it illegal under the ordinance.

Conway ultimately agreed.

"At this point, Mr. Thompson's failure to repair or remedy the fence that has fallen down indicates to me that he really doesn't consider it a fence. What else is it?" Conway said. "Mr. Thompson's actions are very consistent with those of one who leaves garbage on the ground."

Dawson said he would appeal Conway's ruling within the 30-day time limit. If he does, the case will be heard in Westmoreland County Common Pleas Court. Murrysville Solicitor George Kotjarapoglus would continue to argue the municipality's case at that level.

Thompson faces another hearing on Dec. 18 before Conway regarding the eight alleged dog violations.

• Most Read
• Most E-mailed
• Latest News