[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.[1]
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.[2]
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:
E.
The conducting of any serious or offensive manufacture
or business by reason of odor, dust, fumes, smoke, gas, vibration,
illumination or noise.
G.
The maintenance or causing of any loud or excessive
noise or sound.
H.
The maintenance of any unfenced excavation, open well,
cistern or swimming pool.
A.
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.
B.
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]
C.
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.