[HISTORY: Adopted by the Borough Council
of the Borough of Emsworth 7-12-2000 by Ord. No. 914. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Any item resting for 96 hours or more and which is inoperable,
including vehicles without current registration plates or certificate
of inspection, or in such a condition as to be unusable.
A stove, refrigerator, television set, furnace, water heater,
water softener, washer, dryer or mangle, any household article used
to perform any of the necessary work in a household, and any article
used in business to increase production or to speed, ease or eliminate
work.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
The term shall include the Pennsylvania Department of Transportation
definition set forth in 67 Pa. Code § 179.1, as amended,
and any mechanical device which is designed to supplement a vehicle's
service brakes by producing a retarding torque about one of the rotating
components in a vehicle, converting kinetic energy to heat and thereby
retarding the forward motion of the vehicle, and commonly referred
to as "Jake brakes," "Jacob's brakes," "engine brakes," or "compression
brakes."
[Added 7-13-2016 by Ord.
No. 994]
Any item resting for 96 hours or more with no known or apparent
owner.
All items normally found and used in a home.
Items sold or to be sold for scrap, being stripped or being
used or sold for parts.
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Borough of Emsworth.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
A natural person, firm, partnership, company, association,
corporation, or other legal entity. The singular shall include the
plural, the plural shall include the singular; and the masculine shall
include the feminine and the neuter, whatever appropriate.
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
An automobile, motorcycle, motorbike, minibike, bicycle,
go-cart, truck or other wheeled means of conveyance, motorized or
self-propelled.
No person shall damage, injure, break or destroy
any streetlight or streetlight fixture or any personal property owned
or leased by the Borough of Emsworth within the municipal limits of
the Borough of Emsworth.
No owner of any parcel of ground located within
the Borough of Emsworth shall permit any excavation or hole with a
minimum diameter of two feet and a depth of two feet to remain opened
without placing suitable barriers around such hole or excavation and
suitable warnings to the public around such hole or excavation.
A.
Unnecessary or excessive noise to be disorderly conduct.
The creation, within the Borough of Emsworth, of any unnecessary or
excessive noise or of any noise of such character, intensity or duration
as to be detrimental to the health or life of any individual or in
the disturbance of the public peace and welfare or the aiding and
abetting in the creation of any such noise or suffering or permitting
any such noise to continue is hereby prohibited and shall constitute
disorderly conduct.
B.
Measurement.
(1)
The noise shall be measured within the Borough of
Emsworth at the distance of at least 25 feet from a noise source located
within the public right-of-way and, if the noise source is located
on private property or public property other than the public right-of-way,
at least 25 feet from the property line of the property on which the
noise source is located.
(2)
The noise shall be measured on a decibel or sound-level
meter of standard design and quality operated on the A-weighting scale.
(3)
A noise measured or registered as provided above from
any source more than 90 decibels on the A-weighting scale in intensity
shall be and is hereby declared to be excessive and unusually loud
and is unlawful.
C.
Enumeration of unnecessary or excessive noises. Prohibited
noise, within the meaning of this section, is hereby defined to include
the following:
(1)
For any person at any time to use a horn or other
warning device otherwise than as a reasonable warning or to make any
unnecessary or unreasonable, loud or harsh sound by means of a horn
or other warning device.
(2)
The playing of any radio, phonograph, CD/tape player
or the like or any musical instrument in such a manner or with such
volume as to annoy or disturb the quiet, comfort or repose of persons
in any office, hospital or any dwelling, hotel or other type of residence
or of any persons in the vicinity thereof.
(3)
Yelling, shouting, hooting, whistling or singing on
the public streets so as to annoy or disturb the quiet, comfort or
repose of persons in any business, public building or any dwelling,
structure or other type of residence or of any persons in the vicinity
thereof.
(4)
Permitting any animal, bird or fowl in one's possession
or under one's control to make any frequent or long continued noise
of such character or intensity as to disturb the comfort or repose
of any person.
(5)
The blowing of any steam whistle attached to any stationary
boiler, except to give notice of the time to begin or stop work or
as a warning of fire or danger.
(6)
The erection (including excavating), demolition, alteration
or repair of any building in any residential district or section,
the excavation of streets or highways in any residential district
or section other than between the hours of 7:00 a.m. and 7:00 p.m.
on Monday through Saturday, except in the case of urgent necessity
in the interests of public health and safety and then only with a
written permit from the Secretary of the Borough, which permit may
be granted for a period while the emergency continues. If the Borough
Secretary should determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways between
the hours of 7:00 p.m. and 7:00 a.m. and if they shall further determine
that an emergency, loss or traffic congestion inconvenience would
result to any party in interest, they may grant permission for such
work to be done between the hours of 7:00 p.m. and 7:00 a.m., upon
application being made at the time the permit for the work is awarded
or during the progress of the work. Further details are specified
in the Road Openings and Cuttings Ordinance No. 913.[1]
(7)
The creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court,
while the same are in session, which unreasonably interferes with
the workings of sessions thereof and the making of any other noise
so as to annoy the users and/or occupants of such places or buildings
as are herein defined.
(8)
The use of any drum, loud speaker or other instrument
or device for the purpose of attracting attention to the sale or display
of merchandise of a commercial character.
(9)
Refuse compacting vehicles. Operating of, or permitting
to be operated, the compacting cycle of the motor vehicle which can
compact refuse between the hours of 6 00 p.m. and 6:00 a.m. the following
day in residential areas.
D.
Noise exceptions. None of the terms or prohibitions
hereof shall apply to or be enforced against:
(1)
Any vehicle or personnel of the Borough of Emsworth
while engaged upon necessary public business.
(2)
Excavations or repairs of bridges, streets or highways
by or on behalf of the Borough of Emsworth during the nighttime, when
the public welfare and convenience renders it impossible to perform
such work during the daytime.
(3)
Parades with band music on holidays or by civic organizations
or by the public schools or divisions of the public schools.
(4)
School or sports events which may or may not be accompanied
by cheering and/or music.
(5)
The reasonable use of amplifiers or loud speakers
in the course of public addresses which are noncommercial in character.
(6)
Fireworks exhibits held under permit by the Borough
of Emsworth.
(7)
Any authorized emergency vehicle.
(8)
Air raid or fire siren.
E.
Prohibitions and limitations on the use of engine brake retarders.
[Added 7-13-2016 by Ord.
No. 994]
(1)
Engine brake retarders prohibited. No gasoline-powered or diesel-powered
motor vehicle shall be operated on any of the below streets, roads,
alleys or highways within the Borough of Emsworth utilizing, in said
operation, an engine brake retarder:
|
Street
|
Location
| |
|---|---|---|
|
S.R. 0065 (Ohio River Boulevard)
|
The southern Borough line near Herron Avenue (Segment 90, Offset
1600/Segment 91, Offset 1651) to the northern Borough line (Segment
120, Offset 1114/Segment 121, Offset 1111)
|
(2)
Signs. Official signs giving notice of the prohibition and of a vehicle's
leaving the area of prohibition shall be erected and maintained in
accordance with applicable PennDOT regulations. The Borough shall
be responsible for obtaining, erecting and maintaining and, as needed,
replacing signs.
(3)
Emergency situations. This section shall not apply to emergency driving
situations requiring the use of an engine brake retarder to protect
the safety and property of the residents of the Borough of Emsworth,
other motor vehicle operators, pedestrians and the operator and passengers
of the motor vehicle involved in said emergency situations.
(4)
Emergency vehicles. This section shall not apply to emergency vehicles
operated by fire companies while responding to emergency calls.
No person being the owner of any real estate
within the limits of the Borough of Emsworth shall permit the growth
of any weeds or grass thereon to a height in excess of 12 inches.
Within 48 hours after notice of a violation of this section, the Borough
of Emsworth may enter upon the property and cause the weeds or grass
to be cut, charging the property owner for the costs of such cutting
in addition to any fine or costs imposed by this section. Every 48
hours that this section shall be violated after the issuance of the
first citation shall constitute a new and separate offense.
No person shall paint any word, symbol, sign,
trademark, initial or inscription whatsoever on or upon any property,
public or private, located within the Borough of Emsworth without
first having obtained the permission of the owner of such property.
In the event that an alarm within a vehicle
or building shall be triggered falsely more than three times within
any thirty-day period, the owner of the vehicle or building shall
be subject to the penalties as set forth in this chapter.
No person or persons, partnership, corporation
or firm shall toss, throw, drop, deposit or leave any trash, refuse,
garbage, debris or other waste material of any kind upon any property,
public or private, within the Borough of Emsworth.
No person shall discharge leaves, weeds, tree
limbs, grass and the like into the street.
It shall be unlawful for any person to create
or maintain any condition upon their property which could directly
or indirectly cause a nuisance or health hazard to residents of the
Borough of Emsworth. Specifically, the unsheltered storage or maintenance
of unused, stripped, damaged and generally unusable machinery or equipment,
or materials, shall be considered a nuisance and/or health hazard
if any of the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding
edges.
B.
Openings or areas which are conductive to the harboring
and growth of vermin.
C.
Storage in any manner which would allow the equipment,
machinery, material or any parts thereof to easily shift, tilt, or
fall from their original storage position.
D.
Contains any liquid or material of a hazardous or
potentially hazardous nature, including, but not limited to, gasoline,
oil, battery acids, refrigeration agents, and poisons.
E.
Any other condition which, in the opinion of the inspecting
official, shall be deemed to be a health hazard, potential health
hazard or nuisance.
A.
Storage of such items as listed in § 157-10 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Emsworth Borough ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 157-10 must first apply for a permit for either temporary or permanent storage and pay a fee of $1,000 to the Borough of Emsworth; said fee may hereafter be amended by ordinance or resolution of the Borough Council of the Borough of Emsworth. The nuisance(s) must be stored within a garage or other enclosed building, or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough of Emsworth nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition the machinery, equipment, or materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 250 square feet.
The following accumulation of articles shall
be unlawful in the Borough of Emsworth:
A.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which creates a hazard and danger to the health and welfare of people
of the Borough.
B.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which provides a breeding area for rodents and other unhealthful animals.
C.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which creates an attractive nuisance for children who are not aware
of the danger involved in them.
D.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
which violates all concepts of ecological and environmental principles.
E.
It is further declared unlawful to store, accumulate
or keep openly on any property within the limits of Emsworth Borough
any scrap material of any kind, any old scrapped or used appliances,
fixtures, automobile parts, machinery and machinery parts or other
similar material or any other form of discarded or unused or unusable
materials (including building materials) which by their appearance
are unsightly.
In order to promote the health, welfare and
safety of the general public; and for the general welfare of the community;
and in accordance with the police powers of the community; and except
as set forth in the Borough Zoning Ordinance,[2] it is hereby declared unlawful to store, accumulate or
keep openly on any residential, commercial or industrial property
within the limits of the Borough of Emsworth or upon any private street,
public street or driveway therefor any motor vehicle, whether an automobile
or a truck or any trailer which is not licensed or which has been
discarded or junked or which has any body parts removed or any vehicle
in such a condition which would render the vehicle inoperable for
highway use, or a vehicle which has an expired state inspection sticker,
or for which the title of the vehicle has been returned to the Bureau
of Motor Vehicles, Harrisburg, Pennsylvania, in accordance with the
provisions of the Motor Vehicle Code,[3] or which by its appearance is unsightly and not in a repairable
condition.
A.
The Borough Secretary or designated representative
shall give 10 days' notice to the owner of any property upon which
any such prohibited vehicle or material is found to remove the same,
said notice to be delivered in person or by certified or registered
mail.
B.
Where a certificate of junk has been issued by the
Bureau of Motor Vehicles, such certificate shall be conclusive evidence
that said vehicle is of the type which is prohibited by this section;
and where no such certificate has been issued or applied for, the
failure to have the vehicle licensed shall be prima facie evidence
that the vehicle is of the type which is prohibited by this section.
C.
Any person who is the owner, occupier or user of the
premises on which such prohibited vehicle or material is found shall
be given the notice above required, and upon failure to remove the
same after 10 days' notice shall be subject to the penalties hereinafter
set forth.
No person shall allow a vehicle to stand idle
with the motor running for more than 10 minutes. Odors and fumes from
motor vehicles shall not be permitted to affect the quiet enjoyment
of adjoining residents. No vapors, malodorous gas or matter shall
be permitted which is discernible on any adjoining property.
A.
No person or activity shall create vibrations or induce
movements which are discernible on any adjoining property.
B.
No person or activity shall create either by direct
or indirect methods glare or offensive lighting which is cast upon
any adjoining property or public street. Lighting shall be directed
and designed to illuminate only the owner's property. Lighting shall
be shielded to confine the illumination and to respect the sanctity
and privacy of others' private property. All exterior parking lots,
driveways, vehicular access aisles, pedestrian access areas and loading
spaces shall be sufficiently illuminated so as to provide safe movements
on site. Illumination shall be by sharp cutoff fixture type with flush
mounted lens cap only. Fixtures shall be mounted parallel to the ground
surface. Lighting for the purpose of highlighting a structure or landscape
feature shall be exempt from this requirement provided that the source
of such light shall not be visible from the property lines or public
right-of-way. Illumination shall not exceed one footcandle at all
property boundaries. The one-footcandle illumination shall be measured
horizontally on the ground surface and vertically at a five-foot height
at the property lines. There shall be no direct or sky-reflected glare,
whether from floodlights or from high-temperature processes (for example,
combustion or welding), so as to be visible from within any residential
area.
C.
No person or activity shall emit microwaves, radio
waves, telephone waves, electrical waves or the like which causes
disturbances to and adversely affects the operation of machines, equipment
or appliances of other residents or properties.
D.
No person or activity shall emit particulate matter,
hazardous wastes, carcinogens, toxins, or contaminants which affects
and pollutes water, air or land of Borough properties and residents.
E.
No person or activity shall block roadways or sidewalks
for vehicular or pedestrian traffic without prior written permission
of the Borough Secretary. Roadway or sidewalks shall not be blocked,
marred, or obstructively traveled upon by skateboards, wagons, bicycles
or other similar recreational devices.
A.
The Emsworth Building Inspector is hereby empowered
to inspect grounds on which machinery, equipment, and/or various materials
are stored to determine if there is compliance with the provisions
of this chapter. If noncompliance with the provisions of this chapter
constitutes a nuisance, or if any condition, structure, or improvement
poses a threat to the health, safety, or welfare of the public, he
shall issue a written notice to be served by registered or certified
mail upon the owner of said premises, or, if the owner's whereabouts
or identity be unknown, by posting the notice conspicuously upon the
offending premises.
B.
Said notice shall specify the condition considered
to be a hazard and/or nuisance and shall require the owner to commence
to remove or otherwise rectify the hazard as set forth therein within
10 days of mailing or posting of said notice, and, thereafter, to
fully comply with the requirements of the notice within a reasonable
time.
If the owner of grounds on which machinery,
equipment, and/or materials are stored does not comply with the notice
to abate the conditions, within the time limit prescribed, the Borough
of Emsworth shall have the authority to take measures to correct the
conditions and collect the cost of such corrections plus 10% of all
costs. The Borough of Emsworth, in such event and pursuant to its
statutory or otherwise authorized police powers, shall have the right
and power to enter upon the offending premises to accomplish the foregoing.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof by any District Justice
or other court of competent jurisdiction, be sentenced to pay a fine
of not more than $600 for each offense, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
The remedies provided herein for the enforcement
of this chapter, or any remedy provided by law, shall not be deemed
mutually exclusive; rather they may be employed simultaneously or
consecutively, at the option of the Borough of Emsworth.
