[HISTORY: Adopted by the Board of Supervisors of the Township
of Nockamixon as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-11-1960 by Ord. No. 7]
The storage of any abandoned or junked automobiles for commercial
purposes on private or public property of the Township of Nockamixon
is hereby declared to be a nuisance and is prohibited.
It is hereby declared to be a nuisance for any garbage, rubbish,
refuse, waste, junk or trash of any kind to be transported into and
deposited within the Township of Nockamixon, and the same is prohibited.
The use of such garbage, rubbish, refuse, waste, junk or trash within
the Township of Nockamixon for feeding of animals, fertilizer, fuel,
fill or any other purpose whatsoever is also declared to be a nuisance
and is prohibited.
A.
The pollution of the air is hereby declared to be a nuisance, and
it is prohibited for any person to cause or create, directly or indirectly,
or to permit, upon premises owned, tenanted or controlled by such
person, the pollution of the air within or over the territorial boundaries
of the Township of Nockamixon.
B.
POLLUTION OF AIR
Definition.
Emitting, causing, creating, allowing to emit or escape into
the open air within and over the Township of Nockamixon, from any
structure, machine, smoke stack, chimney, facility, plant, parking
lot, factory, building or premises, any dust, gas, mist, fume, odor,
smoke, vapor or airborne material or matter of any kind, or combination
thereof, of a quantity or character which, as to any person of normal
sensibilities, interferes with the health or safety, or causes severe
physical or mental discomfort or annoyance, or causes or tends to
cause any lessening of normal food, air or water intake, or produces
irritation, damage or injury to the respiratory tract, skin or other
parts of the body, or produces nausea or other illness or sickness,
or is offensive or objectionable because of physical or chemical properties,
or causes or tends to cause or is likely to cause injury or damage
to real or personal property, or interferes with the normal conduct
of business, or is otherwise detrimental or harmful to the health
and safety of any person within the Township of Nockamixon.[1]
[1]
Editor's Note: Former Section 4, regarding peddling and soliciting, which immediately followed this section, was repealed 6-12-1968 by Ord. No. 14. Former Section 5, regarding permits for nuisance-generating businesses, which immediately followed Section 4, was deleted 1-9-2001 by Ord. No. 101; see now Art. II of this chapter for provisions regarding nuisance businesses.
It shall be unlawful for any person, partnership, corporation,
groups or association thereof, or any other legal entity or entities,
to cause, suffer, allow, permit, carry on or maintain on any property
within the Township of Nockamixon any nuisance, including any matter,
condition or thing which may be a nuisance under the law as well as
the matter, conditions and things specified and prohibited as nuisances
under this article.
[Added 8-28-1963 by Ord.
No. 8]
The operation of any racecourse for vehicles commonly called
"Karts" is hereby declared to be a nuisance and is prohibited within
the Township of Nockamixon.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
30 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
Nothing herein contained shall be construed to prevent the Township
or any other person from pursuing any other remedies allowed by law
or in equity for injunctive relief, damages, abatement of nuisances
or other legal procedures for the violation of this article or for
the causing, creating or maintaining of any nuisance.
[Adopted 7-10-1968 by Ord. No. 17]
The following words and terms as used in this article shall
have meanings respectively ascribed to them in this section unless
the context clearly indicates a different meaning:
Any place of employment, profession or means of livelihood,
whether or not gain, profit or award is contemplated as an end product.
Any incident to the carrying on or the conducting of any
business, whether or not the business engaged in includes entertainment,
trade or commerce.
Any natural person, firm, partnership, association or corporation.
Business or any business activity, whether carried on for gain or profit, shall be deemed to constitute a nuisance in accordance with §§ 140-12 and 140-13 of this article:
A.
When it causes the noise level to become excessive, or injurious
to health, or to the reasonable enjoyment of any property in any part
of Nockamixon Township; or
B.
When it causes property damage, either by noise, dust, vibrations,
or otherwise, to the various premises in and about Nockamixon Township;
or
C.
When it causes any person, whether he is a participant, a contestary
employee, spectator or otherwise, at any place of business or business
activity to sustain personal injury or impairment of health; or
D.
When it causes a general interference with the peaceful and enjoyable
use of any person's property or premises with Nockamixon Township,
either by disturbing or excessive vibrations, noises, lights, dust
or otherwise; or
E.
When it causes the roads of Nockamixon Township to become overburdened
with spectators, participants or conductors of any business or business
activity conducted in Nockamixon Township; or
F.
When it causes agricultural production to be diminished; or
G.
When it causes any person's health or well-being within Nockamixon
Township to become imperiled.
The provisions of this article shall be operable; irrespective
of whether any person is profited or obtains gain thereby.
Any person who participates, engages, conducts, promotes or aids and abets in any activities declared to be a nuisance in § 140-9 or any person who causes the establishment or makes it feasible to conduct such nuisances within Nockamixon Township or any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
The Courts of Equity may, through a proper proceeding instituted by the Board of Supervisors of Nockamixon Township, enjoin the nuisances enumerated in § 140-9. A proceeding is proper when, in the sound discretion of the Board of Supervisors, the nuisance causes those results as set forth in § 140-9.
