[Ord. 856, 2/7/1979, § 8-2001; as amended by Ord.
1004, 7/6/1994; and by Ord. 1046, 5/6/1998, § I]
The word "nuisance," as used in this Part, shall mean any use
of property within the Borough, or any condition upon property within
the Borough, that, other than infrequently, causes or results in:
(1) annoyance or discomfort to persons beyond the boundaries of that
property; (2) interference with the health and/or safety of persons
beyond the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or (3) disturbance
to or interference with the peaceful use of the property of others
within the Borough, in any case taking into consideration the location
of the use or condition and the nature and condition of the surrounding
neighborhood. Specifically, the word "nuisance" shall include but
shall not be limited to the following:
A.
Loud playing of radios, television sets, amplifiers and other sound
devices so as to be heard beyond the premises from which the same
shall emanate.
B.
Operation of gasoline-powered lawn mowers or gasoline-powered chain
saws on any weekday before 8:00 a.m. or on any Sunday before 10:00
a.m.
C.
Operating model airplanes equipped with gasoline engines on any public
street or on any public ground, including any playground.
D.
Keeping or harboring any dog or other animal or fowl which, by frequent
howling or barking or other noise or odor, shall annoy or disturb
the neighborhood or a number of persons.
E.
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises:
(1)
Open wells or cisterns.
(2)
Open excavations.
(3)
Unfinished buildings, foundations or other structures.
(4)
Buildings or structures damaged or partially destroyed, or in
a state of disrepair or danger.
(5)
Dangerous placement or storage of materials or equipment.
(6)
Lakes, ponds or swimming pools not properly safeguarded.
(7)
Stagnant water in pools in which mosquitoes, flies or other
insects multiply.
F.
Carrying on any building or road construction, excavation or trenching,
or the operation of heavy equipment or trucks in connection with such
activities at any time on Sunday or a legal holiday, or on any other
day of the year at any time between 7:00 p.m. and 7:00 a.m., without
a special permit issued by the Manager or his designated representative.
The special permit shall be issued only if it is shown that the construction
work must proceed as a matter of emergency or that it can be carried
on in a manner or in a place that the public or residents will not
be annoyed or disturbed by that construction work.
G.
Carrying on construction work in such a manner that dirt is carried
by wind onto adjacent properties or that mud is tracked or drained
onto streets adjacent to the project.
H.
Washing, tracking or otherwise depositing dirt, mud, soil, stone
or debris upon or onto the pavement of any street, without removing
the deposited material before 5:00 p.m. of the day on which it was
deposited on the street.
I.
Using any property or operating any business or other activity so
as to permit or cause smoke, soot, cinders, fly ash, dust, mud, dirt,
acid, noxious or offensive fumes, gases or odors to be discharged
into the air, or to be carried off the premises, or to cause any water
to become polluted by sewage, industrial wastes, acid or other substance,
or to cause a glare from lights, or noise of such character as to
cause annoyance to residents or interference with the normal use of
adjacent properties.
J.
The confined storage of any trash, junk, garbage or any kind of material
proven to become a health hazard.
K.
The growth of any tree limb over a sidewalk that is not at least
eight feet above the sidewalk or over a street that is not at least
15 feet above the street.
L.
The growth of any hedge, shrub, bush or tree that extends over the
sidewalk, thereby reducing the width of usable sidewalk area.
[Ord. 856, 2/7/1979, § 8-2002]
It shall be unlawful for any person to create, continue, cause,
maintain or permit to exist any nuisance at any place within the Borough.
[Ord. 856. 2/7/1979, § 8-2003; as amended by Ord.
1004, 7/6/1994]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 856, 2/7/1979, § 8-2004]
This Part shall not be construed to be the sole means for abatement
of nuisances within the Borough, and nothing shall preclude any person
from proceeding, individually or with other injured persons, to effect
the abatement of a private nuisance. Furthermore, in the exercise
of the powers conferred in this Part, the Borough may institute proceedings
in equity.
[Ord. 856, 2/7/1979, § 8-2005]
There are certain types of nuisances, such as those listed in
§ 101 hereof, which require a reasonable time to abate.
Any person who shall continue, cause, maintain or permit to exist
any such nuisance in the Borough shall, within 10 days after notice
to do so, remove or abate that nuisance. If that person shall fail,
neglect or refuse to abate that nuisance within the time limit, Council
shall have authority, in person or by its agents and/or employees,
to remove or abate that nuisance and, in so doing, shall have authority
to enter upon the property of the person in default. Thereupon, Council
shall collect the cost and expense of the abatement or removal from
the person who created, continued, caused or maintained the nuisance
and/or permitted it to exist, that person having failed, neglected
or refused to remove or abate the nuisance, with an additional amount
of 10%, in the manner provided for the collection of municipal claims,
or by an action in assumpsit; provided the cost and expense may be
in addition to any penalty imposed under § 104 hereof.
