Township of Middlesex, PA Chapter 115 Nuisances

[HISTORY: Adopted by the Board of Supervisors of the Township of Middlesex 11-15-2006 by Ord. No. 109. Amendments noted where applicable.]

§ 115-1 Definitions; word usage.

A. The following words, as used in this chapter, shall have the meanings hereby respectively ascribed thereto:

NUISANCE

Any use of property or conduct, or activity or condition upon property within Middlesex 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 shall not be limited to the following:

(1) Operating or permitting the operation of or playing of radios, television sets, amplifiers, musical instruments, and other sound devices which produces or amplifies sound which annoys a reasonable person of normal sensitivities.

(2) 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.

(3) 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.

(4) Using any property or operating any business or other activity so as to permit or cause smoke (except as permitted in accordance with Ordinance No. 52; amended by Ordinance No. O-99-12-6 and codified in the Code of the Township of Middlesex as Chapter 57), 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 noise of such character to annoy or disturb a reasonable person of normal sensitivities beyond the premises from which the same shall emanate.

PERSON

Any natural person, partnership, association, firm or corporation.

B. 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.

§ 115-2 Creation or maintenance prohibited.

It shall be unlawful for any person to create, continue, cause, maintain, or permit to exist, any nuisance within Middlesex Township.

§ 115-3 Removal or abatement; failure to comply.

Any person who shall create, continue, cause, maintain, or permit to exist any nuisance at any place within Middlesex Township shall, after order from the Board of Supervisors, or a designated representative to do so, including police officers or the Code Enforcement Officer, remove or abate such nuisance. If such person shall fail, neglect, or refuse to abate such nuisance as ordered, the Board of Supervisors shall have authority, in person or by its agents, including police officers or Code Enforcement Officer, and/or other employees to cite such person for a violation of this chapter and/or to remove or abate such nuisance.

§ 115-4 Violations and penalties; enforcement.

The Township at its discretion may enforce this chapter as follows:

A. Civil enforcement. The Township may commence a civil proceeding before a District Judge or an action in equity before the Court of Common Pleas. Any person who shall violate any provision of this chapter shall, for each and every such violation, pay a penalty of not less than $100 or no more than the maximum penalty of $600 per violation as permitted by Section 1601(c.1)(1) of the Second Class Township Code, 53 P.S. § 66601(c.1)(1), as may be amended, following adjudication by a District Judge or Judge of the Court of Common Pleas, plus court costs and reasonable attorney fees incurred by the Township. Each day during which any person violates any provision of this chapter shall constitute a separate offense.

B. Criminal enforcement. The Township may file and commence a summary offense proceeding. Any person who shall violate any provision of this chapter shall, for each and every such violation, be sentenced to pay a fine of not less than $100 or no more than the maximum penalty of $1,000 per violation as permitted by Section 1601(c.1)(2) of the Second Class Township Code, 53 P.S. § 66601(c.1)(2), as may be amended, plus costs of prosecution, following adjudication and conviction by a District Judge or Judge of the Court of Common Pleas. Each day during which any person violates any provision of this chapter shall constitute a separate offense.