[Ord. 868-18, 8/13/1986; as amended by Ord. 985-2, 5/11/1988;
by Ord. 2003-07-12, 7/14/2003; and by Ord. 2009-09-02, 9/14/2009]
1. 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 annoyance
or discomfort to persons beyond the boundaries of that property; 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 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 gasoline-powered lawn mowers or gasoline-powered chain
saws on any day before 7:00 a.m.
C. Operation of model airplanes equipped with gasoline engines on any
public street or on any public ground, including any playground.
D. Keeping or harboring any animal or fowl which by frequent noise or
odor shall annoy or disturb the neighborhood or a number of persons.
E. For any owner or person responsible to said owner to permit the continual
barking of any dog or dogs. "Continual barking" shall mean the barking
of any dog or dogs for a continuing period of 30 seconds or more on
three or more occasions during any twenty-minute period.
F. Maintaining or permitting the maintenance of any of the following
dangerous condition structures or premises:
(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.
(7) A vacant building or structure that is not secured against entry.
[Added by Ord. 2014-11-2, 11/10/2014]
G. 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.
H. 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.
I. 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.
J. 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 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.
K. 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.
L. Keeping on any street, alley, or open yard area of private property
any motor vehicle to which any of the following apply:
(2)
Is in a state of disrepair.
(3)
Is missing doors or windows.
(4)
Contains broken glass, sharp metal edges, or any other dangerous
condition likely to cause injury.
(5)
Is kept in such a way as to allow vegetation to grow in or around
it.
(6)
Is kept in such a way as to allow animals, insects, or vermin
to occupy it or the area around it.
(7)
This subsection shall not be applicable to vehicles being used
by emergency service organizations for training, provided that the
vehicles in the condition described above are not on the premises
longer than seven days prior to the date of the training and are removed
not more than two days after the end of the training. In addition,
such vehicles shall be covered by a tarp or other secure covering
when not in use for training.
(8) Without a valid inspection certificate or valid registration displayed
for a period in excess of 30 days.
[Added by Ord. 2014-11-2, 11/10/2014]
M. Exterior Storage of Objects and Equipment.
(1)
Except as provided herein, no person who owns or is in possession
of, in charge of or in control of any of the following: lumber, scrap
metal, construction materials, machinery components, equipment, appliances,
furniture not designed and intended for exterior use, or any similar
object which is not clearly intended for outdoor use on the premises.
(2)
This paragraph shall not apply to any lumber, construction materials,
or equipment, which is intended for use in construction or renovation
on the premises for which there exists an active building permit.
[Ord. 868-18, 8/13/1986]
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. 868-18, 8/13/1986; as amended by Ord.
2011-07-06, 7/11/2011]
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 the Borough Council or any officer or employee of the Borough designated thereby for the purpose to do so, remove or abate that nuisance. Notice shall be by personal service, United States mail to the owner, or by posting such notice upon the premises. If that person fails, neglects, or refuses to abate the nuisance within the time limit, the 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, the 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. The cost and expense may be in addition to any penalty imposed under §
10-304 of this Part.
[Ord. 868-18, 8/13/1986; as amended by Ord. 9711-6, 11/12/1997,
§ 144-4; and by Ord. 2009-09-02, 9/14/2009]
Any person who violates any provision of this Part, upon conviction thereof, shall be sentenced to a fine of 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 Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. It shall not be a condition precedent for a conviction under this section to have been given a ten-day notice to remove or abate a nuisance in accordance with §
10-303 of this Part.
[Ord. 868-18, 8/13/1986]
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. 791-1, 1/10/1979; as amended by Ord. 911-4, 1/9/1991;
and by Ord. 2002-12-15, 12/9/2002]
It shall be the duty of the owner of any dog or cat traversing
upon any public street, alley, sidewalk, park, playground, or any
other public area within the Borough of Red Lion to remove any feces
left by such dog or cat on any public street, alley, sidewalk, park,
playground, other public property or any property not belonging to
the owner of the dog or cat; provided that the provisions of this
section shall not apply to a guide dog accompanied by a blind person.
The owner of the dog or cat shall remove the feces discharged by such
dog or cat immediately.
[Added by Ord. 2013-12-4, 12/9/2013]
It shall be unlawful for the owner of a property to allow dog
or cat feces to accumulate on their property to the degree that it
becomes a public health nuisance or hazard due to odor or attraction
of flies, vectors or vermin. In such cases where dog or cat feces
are permitted to accumulate on private property by the owner, the
Code Enforcement Officer may, upon complaint or at his own initiative,
conduct an investigation, after which the accumulation may be declared
a public health hazard or nuisance and the owner shall be ordered
to remove and dispose of the accumulated feces in a sanitary manner.
The order to remove such accumulated feces shall be given personally
to the owner or shall be sent by registered mail, and the owner shall
be given a period of five days from the date of receipt of the order
to clean the property and remove the accumulated feces.
[Ord. 2002-12-15, 12/9/2002; as amended by Ord. 2013-12-4, 12/9/2013]
It shall be unlawful for the owner of a dog, cat, or other pet
to cause or allow any pet to be upon any public street, alley, sidewalk,
park, playground, or any other public area within the Borough unless
it is accompanied by a person to whom it shall be tethered or restrained
by a leash or other suitable restraint.
[Ord. 2002-12-15, 12/9/2002]
It shall be unlawful for the owner of a dog, cat, or other pet
to cause or allow any pet to be upon the private property of any other
person without first obtaining permission from that person.
[Ord. 2002-12-15, 12/9/2002]
As used in this Part 3B, the following terms shall have the
meanings indicated:
OWNER
Any person, firm, association, corporation, or other institution
or entity keeping or harboring a dog, cat, or other pet or who has
actual or constructive possession or control of the pet. The term
also includes those persons who provide food or shelter to a dog,
cat, or other pet.
[Ord. 791-1, 1/10/1979; as amended by Ord. 9711-6, 11/12/1997,
§ 82-5; and by Ord. 2009-09-02, 9/14/2009]
Any person violating any provision of this Part 3B, upon conviction
thereof, shall be sentenced to a fine of 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 Part continues or each section of this Part which shall be found
to have been violated shall constitute a separate offense.