[HISTORY: Adopted by the Borough Council
of the Borough of Pleasant Hills as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-18-1947 by Ord. No. 6]
[Amended 5-17-2004 by Ord. No. 824]
To permit any horse, mare, gelding, mule, hog,
cow, goat, or any other animal or fowl to run at large within this
Borough shall be unlawful, in addition to the possible fine and penalty
for violation of this section. Each and every of the said animals
or fowls so running at large is hereby declared to be a public and
common nuisance, and it shall be the duty of the police or Zoning
Officer to seize and take into custody and impound every one of the
said animals or fowls, so found running at large; and if, after four
days' public notice by 10 handbills, posted in public places, no person
shall come forward, claim the same and pay the fine, and all costs
and charges attending the seizing and keeping of the same, every such
animal shall be sold at public sale by the said police officer or
proper Borough official, and after retaining all reasonable costs
and expenses, he shall pay the balance into the treasury for the use
of the Borough.
[Amended 5-17-2004 by Ord. No. 824; 8-17-2015 by Ord. No. 984]
A.Â
It shall be unlawful for the owner of any dog or dogs to allow or
permit such dog or dogs to run at large within the Borough of Pleasant
Hills. If a violation of this section occurs, a police officer or
employee of the kennel which contracts with the Borough for animal
control services is hereby authorized to capture such dogs for purposes
of impounding the dogs in the kennel that contracts with the Borough
for these services. Licensed dogs shall be held for a period of no
more than five days after capture and the owner being notified. Stray
dogs or those appearing to be unlicensed shall also be held for a
period of up to five days as defined by the agreement with the kennel
that provides these services. The fee that is provided for in Section
302 of the Dog Law Act of 1982[1] shall be paid by the owner of the dog(s) to the kennel
which provides these services. A Boarding Fee for each day the dog
remains in the custody of the kennel must be paid by the owner of
the dog.
[1]
Editor's Note: See 3 P.S. § 459-302.
B.Â
Those dogs determined to be dangerous under Section 502-a of the
Dog Law, 3 P.S. § 459-502-a, shall be restrained or otherwise
kept in accordance with Article V-a of the Dog Law, 3 P.S. § 459-502-a
et. seq. Any person who is found to have violated this section shall
be subject to the imposition of a fine in the amount of $100 per occurrence
and further responsible for the payment of the kennel fees.
A.Â
To cast any paper or store offal, garbage, refuse,
earth, brick, stone, coal, wood, ashes, mortar, lime shavings, rubbish,
salt, salt water, sweepings, manure, filth or substance of any kind,
excepting for the purpose of immediate loading or removing on any
street, sidewalk, highway, or alley within this Borough shall be unlawful.
B.Â
Any violation of this section is hereby declared a
public nuisance, and any person violating the same shall, in addition
to paying the fine and costs imposed, pay the cost of removing the
same by the Zoning Officer, provided that this section shall not apply
to building material or other obstruction authorized by proper permit
from the Borough Secretary, nor materials used in the repair or laying
of sidewalks.
[Amended 5-17-2004 by Ord. No. 824]
[Amended 5-17-2004 by Ord. No. 824]
To obstruct, with coal, wood, barrels, boxes,
wagons, carts, automobiles, or any other obstructions whatsoever,
excepting for the purpose of immediate loading, removing or storing
away, any of the public streets, sidewalks, highways, or alleys in
the Borough shall be unlawful. Any violation of this section is hereby
declared a public nuisance, and the person violating the same shall,
in addition to paying the fine and costs imposed, pay the cost of
removing the same by the Zoning Officer, provided that this section
shall not apply to building materials or other obstructions authorized
by proper permit from the Borough Secretary, nor materials used in
the repair or laying of sidewalks.
[Amended 8-10-1970 by Ord. No. 447; 5-17-2004 by Ord. No. 824]
Any person, or persons, violating any of the
provisions of this article shall, upon conviction before any District
Justice of the Borough of Pleasant Hills, be subject to a fine as
permitted by state law, and in default of the payment of the fine
or penalty imposed and costs, the defendant may be sentenced and committed
to serve jail time for a period not exceeding that permitted by state
law.
[Adopted 11-29-1948 by Ord. No. 35]
For the purposes of this article the following
are hereby declared to be nuisances when the same shall have existed
for a period of 90 days during which time proper safeguards and protections
have not been provided, as approved by the Borough Engineer:
A.Â
Excavations;
B.Â
Foundations and other similar constructions in the
ground of whatever material;
C.Â
Unfinished buildings or structures;
D.Â
Unused and partially destroyed buildings and structures,
whether by fire, explosion, natural elements or in any otherwise;
and
E.Â
Noncommercial storage or placement of any materials
or debris.
It shall be unlawful for any person or persons to maintain a nuisance as declared in § 248-6 of this article upon any land within the limits of the Borough.
[Amended 8-10-1970 by Ord. No. 447]
Any person or persons who shall violate any
of the provisions of this article shall, upon conviction before any
District Justice in the Borough, be liable for each offense to a fine
of not more than $300, or upon failure to pay the same and costs,
to be confined in the Borough lockup or within the discretion[1] of the District Justice.
[1]
Editor's Note: Wording so in original.
As an additional remedy, where a nuisance shall
have existed for a period of 90 days without safeguards and protections
as approved by the Borough Engineer, the Borough Council, may, in
each instance, declare the same to be a nuisance for the purpose of
directing the removal or abatement of the same, and shall thereupon
direct the Zoning Officer to proceed with the removal or abatement
thereof in the following manner:
A.Â
By notifying the owner or occupier of such grounds
of the existence of the nuisance and requiring such owner or occupier
to abate the same within the period of 30 days from the date of said
notice; or
B.Â
Thereafter, upon expiration of 30 days, the Zoning
Officer shall cause or procure the removal or abatement of said nuisance
at the cost of the Borough and certify such action and cost to the
Borough Secretary. The Borough Secretary shall thereupon proceed to
give proper notice to the owner or occupied of said ground of the
cost thus incurred, in the same manner as is provided by law for the
collection of municipal claims. The Borough Secretary shall thereupon
proceed to collect the cost, together with a penalty of 10% of such
cost as is provided by law. Upon failure to collect such amount, the
Borough Secretary shall turn over to the Borough Solicitor the collection
of the same, who shall proceed to collect such cost and 10% thereof
in the manner provided by law for the collection of municipal claims,
or by action of assumpsit.
Nothing contained in the foregoing provisions
shall be deemed to be in lieu of the right of the Borough or its proper
officers to seek relief by a bill in equity as is by law provided.
