The word "nuisance," as used in this chapter, shall mean any
use of property within the Borough or any condition upon property
within the Borough that, other than infrequently, causes or results
in: (i) annoyance or discomfort to persons beyond the boundaries of
that property; (ii) 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
(iii) 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 and the nature and condition
of the surrounding neighborhood. Specifically, the word "nuisance"
shall include but shall not be limited to the following:
A. Loud playing of radios, television sets, jukeboxes, amplifiers and
other sound devices so as to be heard beyond the premises from which
the sound emanates;
B. Operating outdoor power equipment on any day between 10:00 p.m. and
7:00 a.m. of the following day.
C. Operation of model airplanes equipped with gasoline engines on any
public street or on any public grounds, including any playground.
D. Keeping
or harboring any dog, cat or other animal or fowl which, by frequent
howling, barking or other noise, or odor, shall annoy or disturb the
neighborhood or a number of persons.
[Amended 7-17-2007 by Ord. No. 607]
E. Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises:
(3) Unfinished buildings, foundations or other structures;
(4) Dangerous placement of materials or equipment;
(5) Lakes, ponds or swimming pools not properly safeguarded;
(6) Stagnant water in pools in which mosquitoes, flies or insects multiply.
F. Carrying on any building or road construction, excavation or trenching,
or the operation of heavy equipment or trucks in connection therewith
at any time between the hours of 11:00 p.m. and 7:00 a.m. of the following
day without a special permit issued by the Secretary. That special
permit 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 that construction work.
G. 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.
H. 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.
I. 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 10 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 an action in assumpsit, provided that the cost and expense may be in addition to any penalty imposed under §
277-4.
[Amended 7-17-2007 by Ord. No. 607]
Any person who violates any provision of this chapter, for every
such violation, upon conviction, shall be sentenced to pay a fine
of not more than $1,000 plus costs of prosecution and, in default
of payment of the fine and costs, to undergo imprisonment for not
more than 30 days.
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.