[HISTORY: Adopted by the Borough Council of the Borough of Trappe 1-5-1988 by Ord. No. 249 (Part 8, Ch. 2, of the 1987 Code). Amendments noted where applicable.]
Animals — See Ch. 110.
Noise — See Ch 218.
[Amended 12-5-1995 by Ord. No. 311]
The word "nuisance," as used in this chapter, shall mean any use of property within the Borough that, other than infrequently, causes or results in: annoyance or discomfort to persons beyond the boundaries of that property; interference with the health and/or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and/or disturbance to or interference with the peaceful use of the property of others within the Borough, in any case taking into consideration the location of the use or condition of the surrounding neighborhood. Specifically, the word "nuisance" shall include but shall not be limited to the following:
Loud playing of radios, televisions sets, jukeboxes, amplifiers and other sound devices so as to be heard beyond the premises from which the sound emanates;
Keeping, maintaining or allowing to remain any accumulation of garbage or refuse, except that, for farm, agricultural and commercial usage, the storage and piling of compost or fertilizer is permitted, provided that that compost or fertilizer is stored and piled no closer than 200 feet from any nearby property. For residential use, nominal compost or fertilizer storage and piling for use on the residential property is permitted. In no case, however, shall there be any emission of odorous gas or other odorous matter in such quantities as to be offensive at the lot boundary line.
Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:
Carrying on any building or road construction, excavation or trenching or the operation of heavy equipment or trucks when such noises emanating therefrom are unnecessary and are avoidable even if the noises are no louder than is customary to the noises attendant upon the ordinary use and operation of such activities or equipment if they are made on Sunday or on weekdays during the hours that are not usual and customary for such work or activities, but in no case between the hours of 9:00 p.m. and 7:00 a.m. of the following day without a special permit, which shall be issued only if it is shown that the construction work must proceed as a matter of emergency or that it can be carried on in such a manner or in such a place that the public or residents will not be annoyed or disturbed by such activities.
Carrying on construction work in such a manner that dirt is carried by wind onto adjacent properties or that mud is tracked or drained into streets adjacent to the project.
Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street, without removing the material before 5:00 p.m. of the day on which the material was deposited.
Using any property or operating any business or other activity so as to permit or cause smoke, soot, cinders, fly ash, dust, mud, dirt, acid, noxious or offensive fumes, gases or odors to be carried off the premises, or to cause any water to become polluted by sewage, industrial wastes, acid or other substance, or to cause a glare from lights, or noise of such character as to cause annoyance to residents or interference with the normal use of adjacent properties.
Creation or maintenance of "attractive nuisances," which is the leaving of a dangerous instrumentality which by its character is dangerous and attractive to children and in a place frequented by children.
It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough, shall, within 20 days after notice from Council to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance, and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims, or by action in assumpsit; provided, the cost and expense may be in addition to any penalty imposed under § 223-4.
Any person who violates any provision of this chapter shall, for every such violation, upon conviction, be subject to the penalty prescribed in § 1-2.
This chapter shall not be construed to be the sole means for abatement of nuisances within the Borough, and nothing shall preclude any person from proceeding individually or with other injured persons to effect the abatement of a private nuisance. Furthermore, in the exercise of the powers conferred in this chapter, the Borough may institute proceedings in equity.