[HISTORY: Adopted by the Board of Supervisors
of the Township of Hamilton 6-6-2000 by Ord. No. 90. Amendments noted where
applicable.]
The following words, as used in this chapter,
shall have the meanings hereby respectively ascribed thereto:
Any use of property or conduct or activity or condition upon
property within Hamilton Township that shall cause or result in annoyance
or discomfort beyond the boundaries of such property which disturbs
a reasonable person of normal sensitivities, 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 not be limited to, the following:
Operating or permitting the operation of or
playing of radios, television sets, amplifiers, musical instruments
and other sound devices which produce or amplify sound which annoys
a reasonable person of normal sensitivities.
Operation of mechanically powered lawn mowers,
tractors, power tools, chain saws or similar devices in a residential
area between the hours of 10:00 p.m. and 7:00 a.m., the following
day, which annoys or disturbs a reasonable person of normal sensitivities.
Owning, possessing, controlling or harboring
any animal or fowl which barks, bays, cries, squawks or makes any
other such noise continuously and/or intermittently for an extended
period which annoys or disturbs a reasonable person of normal sensitivities.
Using any property or operating any business
or other activity so as to permit or cause smoke, soot, cinders, dust,
mud, dirt, acid, noxious or offensive fumes, gases or odors to be
discharged into the air, or to be carried off the premises, or to
cause glare from lights or other noises of such character to annoy
or disturb a reasonable person of normal sensitivities beyond the
premises from which the same shall emanate.
Dumping, storing or accumulating or causing
or allowing the dumping, storing or accumulating of any junk or junked
automobiles on public or private property in excess of one junked
vehicle which is stored inside or to the side or the rear of the residence
or principal building. A "junked vehicle" shall be any vehicle without
a current Pennsylvania registration, or a current Pennsylvania inspection
sticker, or an ascertainable vehicle identification number, or is
in an inoperable condition.
[Added 9-13-2004 by Ord.
No. 108]
Maintaining or permitting the maintenance of
any of the following dangerous conditions, structures or premises:
[Added 9-13-2004 by Ord.
No. 108]
Open wells or cisterns.
Open excavations.
Unfinished building, foundations or other structures.
Building or structures damaged or partially
destroyed or in a state of disrepair or danger.
Dangerous placement of materials or equipment.
Lakes, ponds or swimming pools not properly
safeguarded.
Stagnant water in pools in which mosquitoes,
flies or insects multiply.
The planting or placing of trees, shrubs or
other obstructions which would prevent persons driving vehicles on
public streets from obtaining a clear view of traffic.
[Added 9-13-2004 by Ord.
No. 108]
Any natural person, partnership, association, firm or corporation.
In this chapter, the singular shall include the plural, the plural
shall include the singular and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to create,
continue, cause, maintain or permit to exist any nuisance within Hamilton
Township.
[Amended 9-13-2004 by Ord. No. 108]
Any person who shall create, continue, cause,
maintain or permit to exist any nuisance at any place within Hamilton
Township shall, within 10 days after such notice from the Board of
Supervisors or Township Code Enforcement Officer, remove or abate
such nuisance. If such person shall fail, neglect or refuse to abate
such nuisance within such time, the District Justice shall set a hearing
on said matter. A hearing shall then be held or testimony shall be
taken and a decision rendered by the District Justice concerning the
existence of said nuisance and remedy therefor and penalties imposed.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense. Hamilton Township police
officers, or other appropriate officer(s) of Hamilton Township, shall
have the power to enforce the provisions of this chapter.
This chapter shall not be construed to be the
sole means for abatement of nuisances within Hamilton Township and
nothing shall preclude any person from proceeding individually, or
with other injured persons, to effect the abatement of a private nuisance.
Furthermore, in addition to the exercise of the powers herein conferred,
the Township may institute proceedings in equity.
