Borough of Paxtang, PA Chapter 277 Nuisances

[HISTORY: Adopted by the Borough Council of the Borough of Paxtang 9-20-1994 by Ord. No. 544 (Part 8, Ch. 2, of the 1994 Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Dangerous or unsafe buildings — See Ch. 138.

Property maintenance —  See Ch. 310.

§ 277-1 Definition.

The word "nuisance," as used in this chapter, 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: (i) annoyance or discomfort to persons beyond the boundaries of that property; (ii) 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 (iii) 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, jukeboxes, amplifiers and other sound devices so as to be heard beyond the premises from which the sound emanates;

B. Operating outdoor power equipment on any day between 10:00 p.m. and 7:00 a.m. of the following day.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Operation of model airplanes equipped with gasoline engines on any public street or on any public grounds, including any playground.

D. Keeping or harboring any dog, cat or other animal or fowl which, by frequent howling, barking or other noise, or odor, shall annoy or disturb the neighborhood or a number of persons.

[Amended 7-17-2007 by Ord. No. 607]

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) Dangerous placement of materials or equipment;

(5) Lakes, ponds or swimming pools not properly safeguarded;

(6) Stagnant water in pools in which mosquitoes, flies or insects multiply.

F. Carrying on any building or road construction, excavation or trenching, or the operation of heavy equipment or trucks in connection therewith at any time between the hours of 11:00 p.m. and 7:00 a.m. of the following day without a special permit issued by the Secretary. That 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 such a manner or in such 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 into 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 material before 5:00 p.m. of the day on which the material was deposited.[2]

[2] Editor's Note: Original subsection (9), pertaining to use of property standards, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

I. Creation or maintenance of "attractive nuisances," which is the leaving of a dangerous instrumentality which by its character is dangerous and attractive to children and in a place frequented by children.

§ 277-2 Unlawful to create or maintain nuisance.

It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough.

§ 277-3 Removal or abatement of nuisance.

Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough shall, within 10 days after notice from Council to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, Council shall have authority, in person or by its agents and/or employees, to remove or abate the 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 that the cost and expense may be in addition to any penalty imposed under § 277-4.

§ 277-4 Violations and penalties.

[Amended 7-17-2007 by Ord. No. 607[1]]

Any person who violates any provision of this chapter, for every such violation, upon conviction, shall be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and, in default of payment of the fine and costs, to undergo imprisonment for not more than 30 days.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 277-5 Exceptions.

This chapter 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 chapter, the Borough may institute proceedings in equity.