[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-12-1906 by Ord. No. 120]
It is hereby declared to be a common nuisance in said Borough,
abatable and punishable as such:
A.
For any person, owner, tenant or occupier to permit the sidewalks,
footways or gutters in front of or connected with and belonging to
his premises, or any part or parts thereof, to become obstructed with
ashes, rubbish, grass, weeds, dirt or any other matter or thing or
to permit the same to accumulate so as to interfere with the safe,
easy and convenient passage of persons on said sidewalks or footways
and of water along and over said gutters or to interfere with or injure
the cleanliness thereof.
B.
For any person to ride, drive, lead or place any horse or other beast
of burden, hog, cow or cattle of any kind or any carriage, wagon,
cart, bicycle or other vehicle on the paved or other footways or sidewalks
in said Borough, except in passing to and from a stable, carriage
house, yard or other place from and into a street, lane or alley,
when necessary, and with as little delay as possible.
C.
For any person to obstruct any paved or other footway or sidewalk
or any street, road, lane or alley by placing thereon wood, lumber,
coal, wares, merchandise or material of any kind, except in carrying
or moving the same to or from a dwelling house, store, cellar or other
proper place with as little delay and inconvenience to passersby as
possible, provided that this shall not interfere with the planting
of trees, the erection of posts, poles, awnings, shops, areas and
cellarways or the erection and repair of buildings, if the same is
done in compliance with the provisions of the ordinances relating
thereto.
D.
For any person, owner, tenant or occupier to have or suffer to remain
upon his premises any noisome or offensive matter for the period of
six hours.
E.
For any person to carry on or exercise within the limits of said
Borough any trade or manufacture that corrupts the air by emitting
noxious, offensive or unhealthy odors.
F.
For any person to erect, operate or maintain any factory, foundry,
mill, powerhouse, gas house or tanks or any manufacturing establishment
within the Borough limits without first obtaining the consent of the
Council thereto by resolution or otherwise, excepting, however, therefrom
such manufacturing establishments as are now in operation within the
Borough, so long as they shall remain in their present locations.
G.
For any person to obstruct the free passage of any highway so as
to permit persons, horses or vehicles from passing thereon or for
any person to permit horses or vehicles of any kind to stand upon
or across the public footway or flagstones at the crossings in the
streets, lanes or alleys.
H.
For any person to extinguish without authority any public or private
lamp or break, deface or injure the same in any way.
I.
For any person to cast, bat, pitch or throw any ball, stone or other
missile in or along any public highway.
J.
For any person, owner, tenant or occupier to permit stagnant water
to collect and lay upon his premises or upon any unenclosed lot belonging
to him or to permit any privy or stable belonging to him or under
his control to become noxious or offensive.
K.
For any person to maintain any slaughterhouse or to keep hogs or
pigs within the Borough limits.
L.
For any person to fire any gun, rifle or pistol in or upon any of
the streets, lanes or alleys of said Borough or to fire any cannon
within the limits of said Borough without permission so to do (as
to cannon firing) from the Mayor, in writing, under such restrictions
as he may impose.
M.
For any person or persons upon the public highways, streets, roads,
lanes or alleys of said Borough, or upon any open lot within its limits,
to collect an assemblage of persons, by speeches, music or singing,
for the purpose of advertising or selling any patent or proprietary
medicine or any goods, wares or merchandise of any kind.
N.
For any person being the owner or having the possession or control
of any goose, duck, chicken or other domestic fowl to permit the same
to be or run at large within the Borough limits.
O.
For any person to permit any horses, mules, trams, wagons or other
vehicles to stand upon or occupy the sidewalk or highway or to stand
in front of any store, stable, blacksmith or wheelwright's shop
or other place, except for the purpose of delivering or receiving
goods, and then only for such times as may be reasonably necessary
for such purpose.
P.
For any person being the owner of or in possession of any building
in front of which areas have been built out, in and upon the sidewalks
to maintain such areas or areaways without covering them with iron
or other metal open or closed work on a level with the sidewalk.
Q.
For any person to cut, mark or in any manner injure or deface any
shade, fruit or ornamental tree or hedge or to hitch any horse, mule
or other animal thereto or to cut, mark or in any manner injure any
fence, house, office, shop, stable or other building or tear down,
mutilate or otherwise deface any sign, handbill, poster or notice
of any kind of a proper moral and legitimate character within the
limits of said Borough.
R.
For any person or persons, owner, occupier or tenant to permit or
allow the growth of weeds, hedges or vines to extend over, upon or
obstruct the sidewalks, or any part thereof, in front of his property
between the curb and street line.
S.
For any person, tenant or occupier to permit any poisonous plant
of any kind to grow upon his property along the line of or in close
proximity to any public highway.
T.
For any person to run or drive any carriage, wagon or vehicle of
any kind over and along the highways of the Borough after sunset unless
he has a light or lights in front or on the sides thereof.
U.
For any person, owner, tenant or occupier to permit, have or maintain
any trees, the limbs or branches of which extend out, over and into
the public highways of the Borough, unless such limbs or branches
shall be at least eight feet in the clear over and above said highways.
V.
For any person, tenant, owner or occupier to permit plants commonly
called "weeds" to grow upon any vacant or unimproved lots or pieces
of ground within the Borough limits, unless the same are cut or mowed
down and removed therefrom once each month during the months of July,
August and September of each and every year.
W.
For any person to make or assist in making any bonfire or to burn
or assist in burning or suffer to be burned any wood, brush, rubbish,
shavings or other inflammable material on the open highway, except
such as may be necessary in roofing or laying gas or water pipes or
other necessary work thereon.
X.
For any person to permit, have or maintain any tree or part of a
tree which is dead or for any other reason is likely to fall so as
to cause injury to person or property.
[Added 6-11-1951 by Ord. No. 731]
Y.
For any person to permit, have or maintain any trees suffering from
any contagious disease or blight which may infect or damage other
trees.
[Added 6-11-1951 by Ord. No. 731]
As used in this article, the following terms shall have the
meanings indicated:
Covers and includes within its meaning any firm, association,
company, limited or corporation and their employees.
For any violation of any provision of this article by permitting,
creating, maintaining or being guilty of any of the nuisances herein
specified, the offender shall be liable, upon conviction thereof,
on complaint of any officer or citizen to pay a fine of not less than
$1 nor more than $50, in the description of the Magisterial District
Judge imposing the same, to be collected, besides costs of suit, as
fines and penalties are by law collectible. And for any continuing
nuisance, the offender shall be liable to like fine for every 24 hours
the same shall be continued, except in case of an appeal which shall
stay all further fines until disposed of. The Mayor shall have the
power and it shall be his duty, on complaint of any citizen, to forthwith
abate any nuisance as aforesaid if he deems it necessary to do so
or if he shall be directed to do so by resolution of the Borough Council,
collecting the costs thereof from the person permitting, creating
or maintaining such nuisance, as ordinary debts are collectible, in
the name and for the use of said Borough.
In addition to the fine or penalty imposed by § 225-3 of this article, the Borough may issue a written order of abatement directed to the owner or agent of the owner of the premises stating that the conditions therein constitute a nuisance and ordering an abatement thereof within such time as may be specified by it in such order. In case such order of abatement is not obeyed within the time specified therein, the Borough may abate the nuisance which exists or is maintained in violation of the provisions of this article and may collect the cost thereof, together with a penalty of 10% of such costs, in the manner provided by law for the collection of municipal claims or by action of assumpsit or may seek relief by a bill in equity.
[Adopted 5-21-1975 by Ord. No. 935]
This article is enacted for the following purposes: to promote
the general welfare, peace and safety of all persons within the Borough
limits of the Borough of Lansdowne; to ensure safety to the users
of public thoroughfares within the Borough by prohibiting the maintenance
of nuisances which distract the attention of operators of motor vehicles;
and to prohibit the maintenance of nuisances as shall endanger the
safety or interfere with the comfort and convenience of any person
or persons using the thoroughfares of the Borough or residing nearby.
It is hereby declared that any photograph, drawing, picture
or motion picture depicting nudity when displayed so as to be visible
to and without solicitation by any member of the public at large who
is lawfully in or on any building, thoroughfare, facility, vehicle
or area proximate to and in the environs of said display and from
which such display is readily visible and is then and there involuntarily
exposed to viewing the same is declared to be and is prohibited as
a nuisance offensive to the general public and inimical to the maintenance
of the peace, good government and welfare of the Borough.
A.
NUDITY
The following definition is applicable to § 225-6 herein:
The showing of post-pubescent human male or female genitals,
pubic hair, buttocks, perineum, anal region or pubic hair region with
less than a full opaque covering, or the showing of post-pubescent
female breasts with less than a fully opaque covering of any portion
thereof at or below the areola thereof, or depiction of covered male
genitals in a discernibly turgid state.
B.
OPERATOR
OWNER
PERSON
PREMISES
PROPERTY
THOROUGHFARES
The following words hereunder or pertinent thereto shall have the
meanings prescribed and defined as follows:
Any person having charge, care, management or control of
any premises or part thereof.
Any person who alone or jointly or severally with others
shall have legal title to any property or premises with or without
actual possession thereof and/or shall have charge, care or control
of such property or premises as owner, agent of owner or executor,
administrator, trustee or guardian of the estate of the owner.
An individual, firm, corporation, association or partnership.
Tract of land with or without buildings situate thereon.
Any parcel of real estate with or without improvements thereon
erected.
A way or place for passage; a street, alley, sidewalk, cartway,
path or bridge.
Any person who knowingly acts so as to cause or commit or any
owner or operator of any premises or property who knowingly permits
or allows the nuisance aforesaid shall be subject to prosecution therefor
in a summary proceeding before a Magisterial District Judge for such
violation of and under this article and, if found guilty, shall be
subject to the penalties prescribed herein. Each calendar day of such
offense shall subject any person, owner or operator to further and
separate prosecution and penalties as provided aforesaid.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]
Any person, owner or operator violating the provisions of this
article or causing or helping others to violate it shall, upon conviction
thereof, be subject to a fine of not more than $600, plus costs of
prosecution, and, in default of payment of such fine and costs, to
imprisonment for not more than 30 days.
Any conduct prohibited by this article which also constitutes
a violation of Title 18, § 5903, of the Pennsylvania Crimes
Code shall be prosecuted under such law and not under this article.
