[HISTORY: Adopted by the Borough Council of the Borough of
New Salem 11-8-2011 by Ord. No. 3-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 55.
Property maintenance — See Ch. 159.
Abandoned vehicles — See Ch. 217.
[1]
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:
A.
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:
(1)
Is partially dismantled.
(2)
Is in a state of disrepair.
(3)
Is missing doors or windows.
(4)
Contains broken glass, sharp metal edges or any other dangerous condition
likely to cause injury.
(5)
Is kept in such a way as to allow vegetation to grow in or around
it.
(6)
Is kept in such a way as to allow animals, insects or vermin to occupy
it or the area around it.
(7)
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.
B.
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.
C.
Permitting the accumulation of stagnant water in any manner in which
mosquitoes, flies or insects breed and multiply.
D.
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.
E.
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.
F.
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.
G.
Keeping or harboring any animal or fowl which by frequent noise or
odor shall annoy or disturb other persons.
H.
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.
I.
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.
