[HISTORY: Adopted by the Borough Council of the Borough of New Salem 11-8-2011 by Ord. No. 3-2011. Amendments noted where applicable.]
Animals — See Ch. 55.
Property maintenance — See Ch. 159.
Abandoned vehicles — See Ch. 217.
Editor's Note: This chapter was originally adopted as Ch. 140 but was renumbered to preserve the alphabetical sequence of the Code.
It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place with the Borough of New Salem.
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 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 be reasonable expected to enter upon or be at that property; and/or disturbance to or interference with the peaceful use of 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 not be limited to the following:
Keeping on any road or open yard area of private property any motor vehicle, camper, travel trailer or other similar item to which any of the following apply:
Is partially dismantled.
Is in a state of disrepair.
Is missing doors or windows.
Contains broken glass, sharp metal edges or any other dangerous condition likely to cause injury.
Is kept in such a way as to allow vegetation to grow in or around it.
Is kept in such a way as to allow animals, insects or vermin to occupy it or the area around it.
This subsection shall not be applicable to vehicles being used by emergency service organizations for training, provided that the vehicles in the condition described above are not on the premises longer than seven days prior to the date of the training and are removed not more than two days after the end of the training. In addition, such vehicles shall be covered by a tarp or other secure covering when not in use for training.
Allowing the accumulation of trash, garbage, wood, debris, or solid waste in such a way as to cause odor or allow animals, insects or vermin to occupy it or the area around it.
Permitting the accumulation of stagnant water in any manner in which mosquitoes, flies or insects breed and multiply.
Maintaining or permitting to maintain any building, shed, fence or other man-made structure which, by reason of faulty construction, age, lack of proper repair or any other cause, constitutes an imminent threat of injury or damage by collapsing or by collapse or fall of any part of such structure, or allows animals, insects or vermin to occupy it or the area around it.
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.
Operation of gasoline- or diesel-powered lawn mowers, chain saws or other hand tools, building or road construction, excavation, trenching or operation of heavy equipment or trucks on any day between the hours of 10:00 p.m. and 7:00 a.m., except in the case of emergency or a special event approved by the Borough Secretary.
Keeping or harboring any animal or fowl which by frequent noise or odor shall annoy or disturb other persons.
Permitting the continual barking of any dog or dogs. "Continual barking" shall mean the barking of any dog or dogs for a continuing period of 30 seconds or more on three or more occasions during any twenty-minute period.
Any construction, work, or activity which carries ash, cinders, soot, noxious or offensive odors, dirt, mud or debris onto adjacent properties or streets and sidewalks adjacent to the project without removing the material before 7:00 p.m. of the day on which the material was deposited.
Any person who creates, continues, causes maintains or permits to exist any nuisance at any place with the borough shall, within 10 days after notice for the Borough to do so, remove or abate the nuisance. If said person fails, neglects or refuses to abate the nuisance within the time limit, the Borough shall have the authority, through its agents, employees or designees, to remove or abate the nuisance and, in doing so, shall have authority to enter upon the property of the person in default. The 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, in such manner as provided for the collections of municipal claims or any other legal action.
Any person who shall violate any provision of this chapter shall, upon conviction before a magisterial district judge, be sentenced to pay a criminal fine of not more than $1,000, plus costs of prosecution, and, in default of payment thereof, to undergo imprisonment to the extent allowed by law for the punishment of summary offenses. Each continuing day of violation of this chapter shall constitute a separate offense.