Borough of Tyrone, PA Nuisances

For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.

BOROUGH

The Borough of Tyrone.

COUNCIL

The governing body of the Borough of Tyrone.

DISORDERLY GATHERING

A gathering at which any public disturbance occurs.

[Added 7-11-2016 by Ord. No. 1374]

DISORDERLY HOUSE

Any house, room or premises where frequent requests for police services for noise, assaults, batteries, drinking of intoxicating beverages, illegal drug usage and/or sale, loitering, gaming or other misbehavior or public disturbances can be documented.

[Added 7-11-2016 by Ord. No. 1374]

FINE FOR POLICE SERVICE

The cost to the Borough for police services rendered in responding to a call at a disorderly gathering or otherwise maintaining order and public peace and safety and stopping public disturbances at a disorderly gathering, including, but not limited to, the salaries and other compensation of police officers, appropriate administrative costs allocable thereto, prorated costs of equipment, the cost of repairing damaged Borough equipment and property, and the cost of any medical treatment of injured police officers. This cost shall be recouped via a fine of not more than $1,000 for each offense imposed on the violator of this chapter, and be fixed from time to time by Borough Supervisors of the Borough, based upon the average cost for a typical police response.

[Added 7-11-2016 by Ord. No. 1374]

GATHERING

A party or event involving a group of persons who have assembled or are assembling for a social occasion or activity on private property.

[Added 7-11-2016 by Ord. No. 1374]

HOST

The person who owns, leases or is otherwise in possession and control of the private property where the gathering takes place and/or who organized, sponsored, conducted, hosted or permitted such gathering, invited persons to attend such gathering or was otherwise in charge of such gathering.

[Added 7-11-2016 by Ord. No. 1374]

NUISANCE

The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of a person or property.

OWNER(S)

The person, persons, corporation or other entity who holds record title to the private property.

[Amended 7-11-2016 by Ord. No. 1374]

PERSON

Any individual, corporation, partnership, association, firm, or other legal entity.

[Amended 7-11-2016 by Ord. No. 1374]

PRIVATE PROPERTY

Any land, building or other structure, including single- and multifamily dwellings and commercial and industrial buildings not owned by a public entity.

[Added 7-11-2016 by Ord. No. 1374]

PUBLIC DISTURBANCE(S)

Any act by a host, owner of property or those persons attending a gathering involving public drunkenness, consumption of an alcoholic beverage in public, the serving of alcoholic beverages to minors, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as disruptive conduct by the Borough's Code of Ordinances and/or state and/or federal law or any other conduct which otherwise disturbs, annoys, injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering.

[Added 7-11-2016 by Ord. No. 1374]

PUBLIC ENTITY

Any federal, state or local government, school district or agency, or authority created or organized thereby.

[Added 7-11-2016 by Ord. No. 1374]

PUBLIC PROPERTY

Any land, building or other structure owned by a public entity.

[Added 7-11-2016 by Ord. No. 1374]

VEHICLE

Any and all motorized vehicles designed or redesigned (whether or not required to be licensed by the Commonwealth) to be used on surfaces other than paved or unpaved public or private streets, including but not limited to all-terrain vehicles, cars, trucks, motorcycles, trail bikes, dirt bikes, minibikes, go-carts, dune buggies, snowmobiles, quads and the like, regardless of the number of wheels or lack of wheels. Vehicles shall not include farm equipment or equipment manufactured for home lawn/garden work or maintenance. Vehicles shall also not include any vehicles which are powered exclusively by electricity (i.e., those with non-internal combustion engines).

[Added 2-8-2016 by Ord. No. 1371]

§ 133-2 Nuisances declared unlawful.

Nuisances, including, but not limited to, the following, are hereby declared to be unlawful:

Draining or flowing, or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, or cesspools of any kind or nature whatsoever, or any foul or offensive water or foul or offensive drainage of any kind, from property along any public highway, road, street, avenue, lane or alley, or from any property into or upon any adjoining property.

Draining or flowing, or allowing to drain or flow, any water or drainage from within dwelling situate upon property along public highway, road, street, avenue, lane, or alley in the Borough into or upon the cartway or traveled portion for said drainage by means of a drainage ditch or otherwise.

Obstructing streets, etc. For any person to permit any mud, dirt, coal, wood, brick, stone, gravel, clay, sand, rubbish or any other matter to remain upon the streets or in the gutter in front of his premises more than 24 hours after it has been deposited there except by special permission of the Council. It shall also be a violation to deposit grass clippings, leaves, branches or to shovel, blow or otherwise deposit snow or ice into the Borough's right-of-way.

[Amended 11-13-2018 by Ord. No. 1421]

Allowing or permitting any excavation, material excavated or obstruction on or adjoining any highway, street, or road, to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective materials.

Interfering with the flow of a stream, creek or other waterway, by means of dam construction or otherwise, or removing the embankment of a stream so as to alter the natural flow of the stream.

Defacing public and private property. It shall be unlawful for any person, partnership, corporation or agent acting independently or under the direction of the principal to deface any private or public buildings, structures, signs, banners, or vehicles within the Borough. Examples of defacing shall include, but not be limited to, the following examples: application of paint, inks and dyes; affixing of any printed materials such as signs or posters; destruction or removal; defacing in any manner.

Disturbance. It shall be unlawful for any person(s) to make, or cause to be made, a disturbance within the limits of the Borough that endangers or injures the safety or health of humans or animals; or is unusual for the time of day or location where it is produced or heard or jeopardizes the value of property or erodes the integrity of the environment; or materially disturbs or annoys persons in the neighborhood who are of normal sensibilities.

(1)

Waste collection. Any person collecting, removing and/or transporting municipal, construction and/or demolition waste and/or recyclables, as the same are defined pursuant to the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act,[1] from any commercial and/or any other nonresidential site, shall be permitted to do so only between the hours 6:00 a.m. and 9:00 p.m.

[1]

Editor's Note: See 53 P.S. § 4000.101 et seq.

(2)

Dogs and animals, etc. For any person owning, keeping, or permitting any dog, bitch or animal on or about his premises to disturb the peace and quiet of the night by barking, howling, crying or otherwise making a noise for a continuous period of 1/2 hour in any one hour period and which can be heard a distance of 150 feet from that person's property line.

(3)

No person shall use and/or explode any firework as that term is defined under Pennsylvania law, unless said person is a competent operator who has been authorized by the Borough to do so.[2] The use and/or explosion of such fireworks shall take place only on the day before, day of and day after the 4th of July of any year, during the hours of 9:00 a.m. to 12:00 p.m. unless otherwise authorized by the Borough. Use and/or explosion during any other dates and/or times shall be prohibited.

[2]

Editor's Note: See Ch. 98, Fireworks.

(4)

Operation of vehicles. It shall be unlawful to use private property in such manner as to unreasonably interfere with the reasonable enjoyment of property by occupants of property in the vicinity by creating unsightly conditions and appearances in said premises, such as but not limited to the following:

[Added 2-8-2016 by Ord. No. 1371]

(a)

No vehicles as herein defined shall be operated beyond the defined streets, roads, highways and driveways within the Borough without the express approval of the owners or occupiers of said private property.

(b)

No vehicle subject to this article shall be operated on any public property within the Borough except in such areas within which said vehicles may be operated, but in no event shall such designated areas be deemed to include sidewalks, walkways, bike paths, parks or paved rights-of-way which are otherwise primarily used for pedestrian or other vehicle traffic.

(c)

Nothing contained in this article shall authorize the operation of vehicles on the public or private streets, roadways or highways within the Borough in such instances where said vehicles could not otherwise be lawfully operated under the provisions of the Pennsylvania Motor Vehicle Code, as amended from time to time.

(d)

No person shall operate a vehicle such that the operation of said vehicle emits loud noise which is determined to be objectionable because of the volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes.

(e)

No vehicle shall be operated in such a manner that is unreasonably dangerous to the safety and well being of any person or real or personal property in its immediate vicinity.

(f)

To further implement and foster the content of this article, it shall be unlawful for any person to operate, cause to be operated or to participate in the operation of any vehicle off road on any single property within a distance of 50 feet of any property line without first obtaining the prior written consent of the owner(s) or lessee(s) of such property.

(g)

No vehicle shall be operated in such a manner as to create an unreasonable amount of dust or dirt. An "unreasonable amount" of dirt or dust shall mean suspended particle matter visible to the unaided or naked eye from a distance of 35 or more feet.

(h)

Nothing contained herein shall be construed to prohibit the use of a vehicle(s) when such is incidental to farm, home lawn/garden work, snow removal or maintenance.

§ 133-3 Written notice to violators.

Whenever a condition constituting a nuisance is permitted or maintained, Council shall cause written notice to be served upon the owner in one of the following manners:

(1)

By making personal delivery of the notice to the owners; or

(2)

By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence; or

(3)

By fixing a copy of the notice to the door at the entrance of the premises in violation; or

(4)

By mailing a copy of the notice to the last known address of the owner by certified mail; or

(5)

By publishing a copy of the notice in a local newspaper of general circulation within Blair County, Pennsylvania, once a week for three successive weeks. Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Borough, or whether the situation can be corrected by repairs, alterations or by fencing or boarding, or in some way confining and limiting the nuisance.

Such notice shall require the owner to-commence action in accordance with the terms thereof within 20 days and, thereafter, to comply fully with its terms with reasonable dispatch, with all material to be supplied and work to be done at the owner's expense; provided, however, if any of the provisions of § 133-2B, F, I, J, or K is violated, and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof.

In the case of violations occurring under § 133-2G(4) of this article, prior written notice shall not be required to be given to anyone apprehended while engaged in an act which constitutes a violation of that section and a citation may be issued at the time of apprehension.

[Added 2-8-2016 by Ord. No. 1371]

§ 133-4 Violations and penalties.

This article regulates building, housing, property, maintenance, health, fire, public safety, air or noise pollution, and shall be enforced pursuant to 53 P.S. § 66601(c.1)(2).

Enforcement thereof shall be by an action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Civil Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 83(c) (relating to trial and summary cases). The Council hereby sets a criminal fine in the amount of not less than $100 and not more than $1,000 per violation and the costs of prosecution and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than 10 days, provided, further, that each day's continuance of a violation shall constitute a separate event.

The Borough Council may direct the removal, repair, or alterations, as the case may be, to be done by the Borough and to certify the costs thereof to the Borough Solicitor, the cost of such removal, repairs or alterations shall be a lien upon such premises from the time of such removal, cutting, repairs and alterations which date shall be determined by the certificate of the person doing such work, and filed with the Borough Secretary.

The Borough, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation or seek any such other relief as any such court of competent jurisdiction is empowered to afford.

Article II Disorderly Gatherings

[Adopted 7-11-2016 by Ord. No. 1374]

§ 133-5 Purpose and intent.

The Borough of Tyrone finds and determines as follows:

That certain private properties require a disproportionate amount of police service, with many calls requiring response to maintain order and public peace and safety and to stop public disturbances at parties or other social events so that there are less police personnel and resources available for other locations, emergencies and duties within the Borough, thereby placing a disproportionate and unfair burden upon the residents of the Borough.

That the host of a disorderly party or other social event, the owner of property where such events occur and those persons attending such party or event should be held criminally responsible for any public disturbances or other acts of disorderly conduct thereat.

That owners of private properties derive a benefit from the aforesaid police service.

That owners of private properties have a responsibility to manage their properties to minimize required police responses to maintain order and public peace and safety and to stop public disturbances, to minimize the burden upon the residents of the Borough and to promote the health, safety and welfare of the public in general.

That owners of private properties can minimize required police responses to maintain order and public peace and safety and to stop public disturbances by diligent and strict management and regulations of their properties.

That assessment of fines for successive police responses as provided in this section is reasonable and will have a deterrent effect and encourage more responsible management of private properties.

That it is not the intent of this article to discourage or suppress calls or requests for police service, but rather to encourage and stimulate diligent and strict management and regulation of private properties by the owner thereof and to promote the health, safety and welfare of the residents of the Borough.

§ 133-6 Declaration of public nuisance.

Any such disorderly gathering, house, room or other premises that shall be disruptive to the peace and well-being of the surrounding and greater community is declared to be a public nuisance.

§ 133-7 Public disturbance prohibited.

No host, owner of property or person attending a gathering shall commit any act of public disturbance. No host shall hold, conduct or have a gathering where any act of public disturbance occurs or continue a gathering where any act of public disturbance has occurred or is occurring.

§ 133-8 Arrest of violators.

In addition to the right to file a citation against violators under and pursuant to the Pennsylvania Rules of Criminal Procedure, police officers may also arrest a host, owner of property or person attending a gathering who commits a violation, provided that the police officer views the public disturbance and, in the case of the host, the host is in attendance at the gathering at the time of such public disturbance, although nothing herein shall prevent a host from being cited for a violation, whether or not any person attending the gathering is arrested or cited for a violation.

§ 133-9 Violation by owners required to pay fine for police service.

No owner who, after receiving the notice set forth in this article shall permit, cause, encourage and/or be complicit in any disorderly gathering in excess of one such disorderly gathering during any ninety-day period of time occurring on said owner's private property.

§ 133-10 Notice to owners.

Whenever the police are called to respond to a disorderly gathering for the purpose of maintaining order and public peace and safety and stopping public disturbances, the Chief of Police or the Chief's duly authorized designee shall notify the owner of the private property where the disorderly gathering took place, and/or also the agent of such property by regular mail at the last known address of such owner and operator, that the police were called to respond to a disorderly gathering at the owner's property for the purpose of maintaining order and public peace and safety and stopping public disturbances and that if the police are again called to respond to a disorderly gathering at such property within 90 days after their initial response, such owner shall be in violation of this section and may be required to pay a fine of not more than $1,000 for each violation of this section.

§ 133-11 Violations and penalties.

Any host, owner of property or person who violates § 133-7 shall be guilty of the offense of disorderly gathering and, upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of not more than $1,000 and/or be imprisoned for a period not to exceed 90 days.