[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 6-4-1970 by Ord. No. 390. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Health
and Nuisance Ordinance of the Borough of Hellertown."
This chapter is adopted for the purposes of promoting public
health, life, safety, morals, welfare, peace, decency, dignity, reasonable
and comfortable use of property and the tranquility of the community
of the Borough of Hellertown, County of Northampton, Commonwealth
of Pennsylvania, and to further the following related and more specific
objectives:
A.
To prohibit the creation or maintenance of impure, unwholesome or
offensive conditions relating to streets, sidewalks, air, soil, structures,
premises, food or drink.
B.
To prohibit the sale, lease or distribution of impure, offensive
or unwholesome products.
C.
To prohibit the existence of unsanitary conditions.
D.
To prohibit blocking or obstructing of streets or sidewalks.
E.
To prohibit unguarded open excavations, piles of dirt or debris and
collection of stagnant water.
F.
To prohibit the unauthorized posting of handbills, signs and posters.
G.
To prohibit the accumulations of brush, debris, litter and any such
other materials which may create an unwholesome and unhealthy condition
in the Borough.
H.
To prohibit the insightly growth and accumulation of weeds and grass
in excess of eight inches.
[Amended 6-20-2016 by Ord. No. 808]
Certain words and terms are used in this chapter for the purposes
hereof and are defined as follows. Unless the context clearly indicates
to the contrary, words used in the present tense include the future;
the singular numbers include the plural, and the plural the singular;
the masculine includes the feminine and neuter and the neuter includes
the masculine and feminine and the feminine includes the masculine
and neuter.
Such activity, existence of a condition or state of being
which, based upon actual conditions in the Borough, shall be offensive
to public life, health, safety, morals, welfare, peace, decency, dignity,
reasonable and comfortable use of property and the tranquility of
the community.
An individual, organization, corporation, partnership, government
or governmental subdivision or agency, business trust, estate, trust,
association and any other legal or commercial entity.
Any building, permanent or temporary, fully erected or not,
intended for shelter, housing or enclosure of persons, animals or
property of any kind.
A machine, ordinarily propelled by power and designed to
travel by use of wheels, treads, runners or slides and to transport
person or property and shall include, without limitation, automobiles,
trucks, trailers, motorcycles, bicycles and tractors.
It shall be unlawful for any person to create a nuisance as
herein defined. Any person violating any provision of this chapter
shall be subject to the penalties hereinafter provided.
[Amended 5-7-2001 by Ord. No. 637]
The following activities shall be deemed to be a nuisance when,
based upon actual conditions in the Borough, they constitute a nuisance
in fact:
A.
The accumulation of garbage and rubbish and the storage of abandoned
or junked vehicles, on private and public property, and the carrying
on of any offensive manufacture or business.
B.
The ownership, maintenance, inhabitation, use or offering for use
of any structure on public or private grounds which may be dangerous,
unwholesome or offensive to the public.
C.
The willful making or causing to be made of any loud, boisterous
or unseemly noise or disturbances so as to disturb or annoy the peaceable
public near to or upon any street, lane, alley, park, square, common
or in any public building, public place or business place, or private
building or private place within the Borough of Hellertown.
D.
Any act or conduct such as might tend to cause riot, panic, violence
or general disturbance.
E.
Any wanton discharge, without legal rights, except in authorized
celebrations, of any gun, pistol, firearm, fireworks or other explosive.
F.
The obstruction of any sidewalk, pavement, highway, street, lane,
alley, thoroughfare, passageway in any public building or public place
or business place.
G.
The sale or offering for sale, the lease or offering for lease, gift
or offering for gift, or distributing any unwholesome, impure or offensive
food or drink, or any other material intended for human or animal
consumption.
H.
The participation in an unlawful gathering, or the vexing, hindering,
annoying or delaying any person, whereby the public peace or comfort
is broken, or the public annoyed.
I.
The lounging, loitering upon any street, road, highway, street corner,
curb, sidewalk, lane, alley, park, square, common or any public building,
public place or business place, or private residence, store, shop,
church, entrance, or exit or passageway.
J.
The traveling about the Borough, soliciting or begging, from door
to door or upon the streets, sidewalks, curbs, lanes, alleys, parks,
square, commons or in any public building or public place or business
place, school or private dwelling for the purpose of acquiring money
or a living, and who shall have no fixed place of residence, lawful
occupation or permit from the said Borough.
K.
The use of indecent, vile and profane language audibly upon the public
streets, lanes, alley, parks, squares, commons, public building, public
places, business places, churches, schools or any public place within
the Borough.
L.
The congregating or assembling at, near or about a place where a
fire is in progress or where the fire or police apparatus have been
summoned by an alarm or necessity, and thereby hindering, delaying
or obstructing any such apparatus, its men and equipment or rendering
dangers by such assembly to the management or handling of such apparatus.
M.
The neglect or refusal to promptly regard and obey the order of any
police officer or fireman in respect to the discharge of their duties
in the enforcement of the laws and ordinances of the Borough and at
any place where a fire is in progress.
N.
Any person owning, occupying or controlling any property, sidewalk,
off-street parking area and the like which adjoins upon any public
way, which term shall include all streets, roads and alleys of the
Borough, who plows, blows, directs, shovels or otherwise places, causes
to be placed or allows to be placed any snow, mud, sand, gravel, leaves,
grass, yard wastes or rubbish or materials of any sort upon the cartways
of said public ways, shall be deemed to have created a nuisance in
fact, which is prohibited hereby. This prohibition shall not be applicable
regarding the placement of leaves along curblines during the autumnal
leaf collection efforts as scheduled by the Borough Public Works Department.
O.
The allowing
or causing of any dog to bark or make unseemly noise or disturbances
so as to disturb or annoy the peaceable public near or upon any street,
lane, alley, park, square, common or in any public building, public
place or business place, or private building or private place within
the Borough of Hellertown.
[Added 9-17-2012 by Ord.
No. 775]
P.
The allowing of weeds, grass and plant growth in excess of eight
inches.
[Added 6-20-2016 by Ord.
No. 808]
Q.
The improper use and/or allowing the cultivation of bamboo which leads to the encroachment of bamboo, as defined in § 310-4, and subject to the exceptions set forth in § 310-4D, upon public grounds, sidewalks, pavement, highways, alleys, thoroughfare, curbs, lanes, parks, squares or any public building or public place.
[Added 7-1-2019 by Ord. No. 830]
[Amended 9-17-2012 by Ord. No. 775]
A.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not less than $50 but not more than $1,000 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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
B.
Upon notice to the person violating said chapter, by posting said
notice to the door at the entrance of the premises in violation; by
making personal delivery of the notice to the owners; by handing a
copy of the notice to the owner or an adult person in charge of the
residence or business, whichever the case may be, or by certified
mail, return receipt requested and regular mail to abate the nuisance,
and upon failure of such person to do so within a period of five days
from the date of the receipt of said notice, the Borough shall take
such steps as are necessary to abate the nuisance and charge said
person violating the chapter with all costs thereof, together with
a collection fee of 10%, or file a municipal claim against said person,
together with a collection fee of 10%, or by an action of assumpsit
without the filing of a claim.
[Amended 6-20-2016 by Ord. No. 808]
C.
Institute proceedings in any court of equity having jurisdiction
to abate the nuisance.
