[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 12-2-1975 by Ord. No. 254 (Part 8, Ch. 2, of the
1975 Code of Ordinances). Amendments noted where applicable.]
[Amended 3-21-1989 by Ord. No. 89-8]
The following words, as used in this chapter,
shall have the meanings hereby respectively ascribed thereto:
Any use of property within the Borough, or any condition
upon property within the said Borough that, other than infrequently,
shall cause or result in: (1) annoyance or discomfort to persons beyond
the boundaries of such property; (2) interference with the health
and/or safety of persons beyond the boundaries of such property or
of persons who might reasonably be expected to enter upon or be in
such property; and/or (3) 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:
Loud playing of radios, television sets, amplifiers
and other sound devices so as to be heard beyond the premises from
which the same shall emanate.
Operating model airplanes equipped with gasoline
engines on any public street or on any public ground, including any
playground.
Keeping or harboring of any dog or other animal
or fowl which, by frequent howling or barking or other noise or odor
shall annoy or disturb the neighborhood or a number of persons.
Maintaining or permitting the maintenance of
any of the following dangerous conditions, structures or premises:
Open wells or cisterns.
Open excavations.
Unfinished buildings, foundations or other structures.
Buildings or structures damaged or partially
destroyed or in state of disrepair or danger.
Dangerous placement of materials or equipment.
Swimming pools not properly safeguarded.
Stagnant water in pools in which mosquitoes,
flies or insects multiply.
Except in case of emergency, carrying on any
building or road construction, excavation, or trenching or the operation
of heavy equipment or trucks in connection therewith at any time on
Sunday or a legal holiday or on any other day of the year at any time
between 7:00 p.m. and 7:00 a.m. without a special permit issued by
the Borough Manager. Such 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 a manner or in such a place that the
public or residents will not be annoyed or disturbed by such construction
work. However, said time restrictions shall not apply to building
or construction activities conducted by the owner, resident or person
in lawful possession (collectively called "occupant") of the property
on which the work is being done, provided that such activities do
not involve road construction, excavation, paving and/or trenching
or the operation of power earth moving equipment or trucks. Said time
restrictions do apply to any work done by an occupant's contractors
and/or subcontractors.
Carrying on construction work in such a manner
that excessive 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 same before 5:00 p.m. of the day on which the
same was deposited thereupon.
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 discharged into the air or 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.
The planting or placing of trees, shrubs or
other obstructions which would prevent persons driving vehicles on
public streets from obtaining a clear view of traffic.
Any natural person, partnership, association, firm or corporation.
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 shall create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough shall, within 10 days after notice from the Borough Council to do so, remove or abate such nuisance. If such person shall fail, neglect or refuse to abate such nuisance within such time limit, the Borough Council shall have authority, in person or by its agents and/or employees, to remove or abate such nuisance and, in so doing, shall have authority to enter upon the property of such person in default. Thereupon, the Borough Council shall collect the cost and expense of such abatement or removal from the person who created, continued, caused or maintained such nuisance and/or permitted the same to exist, such person having failed, neglected or refused to remove or abate such 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 such cost and expense may be in addition to any penalty imposed under § 131-4 of this chapter.
[Amended 8-16-2005 by Ord. No. 2005-4]
A.
Any person who shall violate any provision of this chapter shall, for each and every such violation, pay a fine of not more than $600 and the costs of prosecution thereof, which shall include reasonable attorney’s fees. Each day that constitutes a continuance of any nuisance, after the expiration of 10 days following the issuance of the notice referred to in § 131-3 of this chapter, shall constitute a separate violation.
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 herein conferred, the Borough may institute
proceedings in equity.
