Wherever the following terms are used in this chapter, unless
otherwise specified, they shall have the following meanings:
PERSON
Includes an individual, firm, corporation, association, society
and partnership and any agent, servant or employee of any of the above.
It shall be unlawful for any person or persons to commit or allow nuisances as hereinafter defined in §
315-3.
The following matters, things, conditions or acts, and each
of them, are hereby declared to be a nuisance and injurious to the
health, safety, welfare or convenience of the inhabitants of the Township
of Harmony:
A. Pollution, or the existence of
a condition or conditions which cause or threaten pollution, of any
waters within the Township of Harmony in such manner as to cause or
threaten injury to any of the inhabitants of the Township of Harmony
in their health, safety, welfare and convenience either in their person
or property.
B. The escape into the open air from
any stack, vent, chimney or any entrance to the open air, or from
any fire into the open air, of such quantities of smoke, soot, fly
ash, dust, fumes, vapors, mists or gases as to cause injury, detriment
or annoyance to the inhabitants of the Township of Harmony or endanger
their comfort, repose, health, safety or property.
C. Spitting upon any public sidewalk
or upon any part of the interior of any building or public conveyance.
D. The making, continuing or causing to be made or continued by any person of any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb or endanger the comfort, repose, health, peace or safety of others. Without intending to limit the generality of §
315-3D, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
(1) Radios; televisions; phonographs:
the playing, use or operation of any radio receiving set, television,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in such a manner as to disturb the
peace, quiet and comfort of neighboring inhabitants or with louder
volume than is necessary for convenient hearing for persons who are
in the room, vehicle or chamber in which the machine or device is
operated and who are voluntary listeners. The operation of such a
set, instrument, phonograph, machine or device so that it is clearly
audible at a distance of 100 feet from the building, structure, or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(2) Yelling; shouting: yelling,
shouting, hooting, whistling or singing on the public streets, particularly
between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place,
which annoys or disturbs the quiet, comfort or repose of persons in
any office, dwelling, hotel, motel or other type of residence or of
any persons in the vicinity.
(3) Animals; birds: the keeping
of animals or birds which, by causing frequent or long-continued noise,
disturb the comfort or repose of any person in the vicinity; but nothing
herein contained is intended to apply to a dog pound or kennel licensed.
(4) Horns: the sounding of a horn
or warning device on an automobile, motorcycle, bus or other vehicle
except when required by law, or when necessary to give timely warning
of the approach of the vehicle, or as a warning of impending danger
or to persons driving other vehicles or to persons on the street.
No person shall sound a horn or warning device on an automobile, motorcycle,
bus or other vehicle which emits for an unreasonable period of time.
E. The growth, existence or presence
of ragweed on any plot of land, lot, highway, right-of-way or any
other public or private place.
F. The growth, existence or presence
of poison ivy, poison oak or poison sumac within 20 feet of any property
line.
G. The existence or presence of any
water or other liquid in which mosquito larvae breed or exist.
H. The existence or presence of any
accumulation of garbage, refuse, manure or animal or vegetable matter
which may attract flies or to which flies may have access or in which
fly larvae or pupae may breed or exist.
I. Depositing, accumulating or maintaining
any matter or thing which serves as food for insects or rodents and
to which they may have access, or which serves as or constitutes a
breeding place or harborage for insects or rodents in or on any land,
premises, building or other place.
J. Any act, matter, thing or condition
which is or may become detrimental or a menace to the health of the
inhabitants of the Township of Harmony or which is or may become an
annoyance or interfere with the comfort or general well-being of the
inhabitants of the Township of Harmony.
The provisions of this chapter may be enforced by the police
agencies of the Township of Harmony, the Township Zoning Officer or
upon the filing of a complaint in the Municipal Court of the Township
of Harmony by any inhabitant of the Township of Harmony, either with
or without prior notice to the person committing a violation of this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty provisions in Chapter
1, Article
II, General Penalty, of the Code of the Township of Harmony, for each violation. Each day that said violation continues shall be deemed a separate and distinct violation.