[HISTORY: Adopted by the Borough Council of the Borough of Oakmont 7-13-1981 by Ord. No. 021-81. Amendments noted where applicable.]
This chapter shall be known as the "Oakmont Borough Nuisance Ordinance."
The purpose of this chapter is to promote the health, safety and general welfare of the inhabitants of Oakmont Borough.
The following words and phrases used in this chapter shall have the following definitions:
- The keeping of any animal or animals in such a manner as to cause loud noise or offensive odors or to attract vermin or to disturb the peace and tranquillity of the neighborhood.
- EXCESSIVE OR LOUD NOISE
- Any noise or sound of such intensity as to cause to any group of persons of normal sensibilities on premises other than the premises wherein the noise is created, or upon any public highway or road within the borough, severe annoyance and discomfort, or is of such intensity as to prohibit or seriously interfere with normal conversation between persons, where such noise is of a continuous nature or of a continuous duration of time in excess of five minutes, or any such noise that occurs for any period of time more than three times within any twenty-four-hour period.
No person, partnership, association or corporation shall continue, maintain, establish or carry on any of the following prohibited acts or activities on any public or private property in Oakmont Borough if such act or activity is determined to be and constitutes a nuisance in fact:
The conducting of any serious or offensive manufacture or business by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise.
The maintenance or causing of any loud or excessive noise or sound.
The maintenance of any unfenced excavation, open well, cistern or swimming pool.
If the Chief of Police of Oakmont Borough determines that any person, partnership, association or corporation is engaged in or carrying on any of the above prohibited activities so as to constitute a nuisance in fact within the borough, the Chief of Police shall cause written notice to be sent to the violator to voluntarily abate and remove the nuisance. If the violator has not abated or removed the nuisance within 10 days after the receipt of said written notice, the Chief of Police may initiate legal proceedings against such violator in the office of the District Justice.
Any person, partnership, association or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $600, or such person, the members of such partnership or the officers of such association or corporation may be sentenced to undergo imprisonment not exceeding 30 days, or both. Each day that a violation is continued shall constitute a separate offense.
[Amended 3-13-2000 by Ord. No. O9-2000]
In addition to the above-stated penalties, the borough shall have the right to remove and abate any nuisance as herein defined after 10 days' written notice to the violator to abate and remove the nuisance, if such nuisance is not abated or removed by such violator within 10 days from such notice, and to collect the cost of such removal and abatement plus all legal costs and a penalty of 10% by summary proceeding and/or by filing a municipal claim in the Civil Division of the Court of Common Pleas of Allegheny County, Pennsylvania.
Nothing contained in this chapter shall be construed so as to prevent the borough or any other person from pursuing any other remedies permitted in law or in equity for injunctive relief, damages, abatement of nuisances or other legal procedures for any violation of this chapter or for the causing, creating or maintaining of any nuisance and/or by filing a municipal claim in the Civil Division of the Court of Common Pleas of Allegheny County, Pennsylvania.