[Ord. 195, 10/8/1948, § 1]
This Part may be cited as the "Morton Borough Nuisance Ordinance."
[Ord. 195, 10/8/1948, § 2; as amended by Ord. 433,
11/12/1970, § I]
The following words shall for the purpose of this Part have
the following meanings:
Residue from fire used for cooking, or heating purposes.
All refuse of animal, fruit and vegetable matter, which has
been used as food, or which was intended to be so used, or which ordinarily
is used for food.
Any neglected or uncared for vegetation, whether living or
dead, including but not limited to all unpruned, decayed rank or uncut
weeds, grass, vines, plants, shrubs, trees, brush or undergrowth.
For purposes of this definition it shall be deemed that any grass
or weeds of more than 10 inches in height shall be deemed to be unpruned,
decayed, rank, or uncut.
Any accumulation of ice, snow, supplies, goods, chattels,
merchandise, fuel, manufacturing and any and all materials used or
to be used for building, grading, or other purposes, whether possessing
value or not, deposited or stored in such a manner or place, or for
such a length of time, or under such circumstances as to be objectionable,
unsanitary, unsightly, inconvenient or dangerous, or hindering free
ingress and ogress, and including everything as ashes, rubbish, garbage,
noxious vegetation, objectionable accumulations and every other thing
deposited at a place other than, or in amount in excess of, that reasonably
necessary to the lawful use of the premises.
Combustible materials such as paper, cartons, boxes, barrels,
wood, excelsior, tree branches, leaves, decayed or fallen trees, yard
trimmings, wood furniture, bedding; and non-combustible materials
such as metals, tin cans, metal furniture, dirt, glass, crockery,
junk, stones, concrete, trash, and all other like waste material,
and any and all abandoned or unused materials of whatsoever kind and
nature, except garbage.
[Ord. 195, 10/8/1948, § 3]
1.
The accumulation of ashes, garbage, rubbish or noxious, vegetation
or objectionable accumulation of any kind upon any premises, public
or private or on any road, street, lane, gutter, grass plot, sidewalk,
way, lawn, yard, driveway, alley or passageway within the Borough
of Morton is hereby declared to be a public nuisance.
2.
It is hereby declared that all objectionable accumulation constitute
a public nuisance whether upon public or private property.
[Ord. 195, 10/8/1948, § 4]
1.
In any violation the Borough may give five days' notice to the
owner, tenant, or occupier of the property upon which the violation
exists, or to the person, firm or corporation creating the said nuisance
in a public way. This notice may be given by serving a written notice
of the nuisance upon the owner, tenant or owner of the premises, or
any part thereof or said notice may be given by posting a written
notice upon a public part of the said premises, or by mailing the
same to the last known address of the owner. In urgent cases when
so declared by the Borough Council no notice need be given and Council
shall be the sole judge of the urgency.
2.
At the expiration of five days' when notice has been given or
in case of urgency, immediately Council may by its agents, employees,
contractors or representatives cause the nuisance to be abated.
[Ord. 195, 10/8/1948, § 5]
When the Borough has caused a nuisance to be abated the cost
and expense thereof together with all incidental fees and charges
shall be collected from either the owner, tenant, or occupier, or
part from one and part from the other at the option of the Borough,
together with a penalty of 10%. This collection may be made at the
option of the Borough by a suit in assumpsit or filing a lien or claim
against the property upon which the nuisance was abated, or in any
other legal manner.
[Ord. 195, 10/8/1948, § 6; as amended by Ord. 731,
2/11/2015]
1.
No person, firm or corporation shall engage in the business of removing
rubbish, ashes or garbage or noxious vegetation or accumulation within
the Borough unless, and until he shall have obtained a permit for
such business. The permit shall be issued in an amount as established
from time to time by resolution of the Borough Secretary subject to
general regulations governing permits and shall be revocable at any
time.
2.
The said permit or license shall expire on December 31 of each and
every year unless sooner revoked by action of Council.
[Ord. 195, 10/8/1948, § 7; as amended by Ord. 455,
9/12/1973, § 1]
1.
The burning of tree branches, leaves, decayed or fallen trees, yard
trimmings, paper, and other rubbish, garbage, or noxious vegetation
is hereby prohibited within the Borough.
2.
Residents or property owners of the Borough may deposit clean ashes
and non-decayable rubbish upon any dumping ground provided by the
Borough. This use shall be subject to regulation of the Police Department,
Board of Health and Council. No noxious or objectionable materials
shall be obligate thereon. Nothing contained in this Part shall obligate
the Council to establish or maintain a dumping ground.
3.
No person, firm, or corporation shall dump any ashes, garbage, rubbish
or noxious accumulations upon any private (including his own) or public
property within this Borough or upon any highway, road, street, lane,
gutter, grass plot, sidewalk, way, lawn, yard, driveway, alley or
passageway within the Borough.
[Ord. 195, 10/8/1948, § 8; as amended by Ord. 731,
2/11/2015]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
