[HISTORY: Adopted by the Borough Council of the Borough of
Fox Chapel 3-17-1969 by Ord. No.
301 (Ch. 6, Part 4, of the 1978 Code of Ordinances).
Amendments noted where applicable.]
Among the specific powers given to the Borough by 8 Pa.C.S.A.
§ 1202 is the authority to regulate and remove nuisances,
specifically:
A.
To prohibit
and remove any nuisance or dangerous structure on public or private
grounds, including, but not limited to, accumulations of garbage and
rubbish, the storage of abandoned or junked automobiles and obstructions
or nuisances in the streets of the Borough.
B.
To make
regulations as may be necessary for the health, safety, morals, general
welfare and cleanliness and beauty, convenience, comfort and safety
of the Borough.
No person shall operate motor vehicles, motorcycles, motorbikes,
scooters, snowmobiles or go-karts that are not adequately and properly
equipped with mufflers in operating condition, nor shall any person
operate the same so as to cause unnecessary noise or to race or operate
same in a reckless or dangerous manner.
[Amended 4-19-1971 by Ord. No. 316]
No person shall operate an unlicensed vehicle, including go-karts,
scooters and snowmobiles, on a public street or on any public property
in the Borough; nor shall any person operate any licensed vehicle,
including motorbikes and motorcycles, on any public park property
in the Borough other than parking areas designated for such purpose.
No motor vehicle which is not in operating condition or which
does not bear a current motor vehicle license and current safety inspection
sticker shall be parked or stored or repaired on any street, right-of-way,
or in any yard or on public property in any zoning district in the
Borough.
[Amended 3-17-1969 by Ord. No. 301; 4-20-2009 by Ord. No. 667]
It shall be unlawful to park or store any trailer or vehicle used for living or sleeping quarters on any lot or street, except in strict accordance with the provisions of Chapter 219, Mobile Homes. The foregoing shall not prohibit the storing of such trailers or vehicles in a private garage or other enclosed building.[1]
A.
No person, firm or corporation shall carry on any building or road
construction, excavating, trenching or operation of heavy construction
equipment or trucks in connection therewith between the hours of 8:00
p.m. and 7:00 a.m. daily, or anytime on Sundays or holidays, except
by special permission of the Borough Manager. Such permission shall
be granted only if it is shown that the construction work must proceed
as a matter of emergency or that it can be carried on in such a manner
or in such place that the residents of the Borough will not be annoyed
or disturbed by said construction work.
B.
The emergency repair of waterlines, gaslines, sewer lines or other
utilities shall not be subject to the foregoing restrictions.
Every person, firm or corporation engaged in building or construction
operations shall exert every effort to avoid the tracking or deposition
of mud, soil, stones or other debris on the surface or pavement of
any street of the Borough. Any mud, soil, stones or other debris tracked
or deposited on any street shall be completely removed by 5:00 p.m.
of the day on which such tracking or deposition occurred.
[Amended 3-20-1978 by Ord. No. 386]
On any corner lot, no structure, fence, wall, hedge or other
planting shall be erected or allowed to grow, be placed or be maintained
at a height of more than three feet above the center lines of the
intersecting roads within a triangle formed by said center lines and
a straight line connecting said center lines at a point 75 feet from
the intersection of the center lines for local roads, and 200 feet
from the intersection of the center lines for collector or major roads.
The classification of roads as local, collector or major shall be
as set forth in the Borough Plan.
No person, firm or corporation shall plant any tree, shrub or
other vegetation or place any dirt or other material whatsoever around
or close to any fire hydrant in the Borough of Fox Chapel so as to
cause hindrance or delay in access thereto or use thereof.
[Added 10-20-1997 by Ord.
No. 589]
A.
No owner or person having custody or charge shall keep or harbor
any dog, cat or other animal in the Borough so as to create offensive
odors, excessive noise or unsanitary conditions which are a menace
to the health, comfort or safety of the public, or otherwise permit
the commission or existence of a nuisance as a result of any such
activity.
B.
No owner or person having custody or charge of any dog, cat or other
animal shall permit said animal to commit frequent and habitual barking,
howling, screeching, crying, yelping or baying or in any way or manner
to disturb or endanger the comfort, repose or health of persons, including
but not limited to adjacent property owners. It shall be unlawful
for the owner of any animal to allow the making of such noise continuously
in excess of 15 minutes or intermittently in excess of 30 minutes
so that such noise can be heard by persons outside of the property
of the owner of the animal; provided, however, that noise from an
animal due to someone threatening to or trespassing upon the property
upon which the animal is located or caused by teasing or mistreatment
of the animal by someone other than the owner, handler or custodian
or keeper of the animal shall not be considered a violation of this
section.[1]
C.
No owner or person having custody or charge of any dog, cat or other
animal shall permit said animal to scratch, dig or defecate upon the
lawn, tree, shrub, plant, building or any other public or private
property, other than the property of the owner or person in charge
or control of such animal. Where the owner or person in charge or
control of such animal immediately removes all feces deposited by
such animal and disposes of same in a sanitary manner, such type of
activity shall not be considered a violation hereof.
D.
A "public nuisance animal" is any animal which either: 1) has been adjudicated by a magistrate or a court of competent jurisdiction as committing any of the foregoing acts; or 2) is defined as such in any applicable statute of the Commonwealth of Pennsylvania. The animal control officer or other authorized representative of the Borough may impose orders demanding that any activity or condition which gives rise to a public nuisance animal determination be abated within a reasonable time frame. In appropriate cases, the animal control officer or other Borough representative may require in such an order that any public nuisance animal shall be delivered by its owner to the animal control officer or other authorized representative of the Borough. It shall be a violation of this section for the owner of a public nuisance animal to refuse to comply with any such order, including an order to surrender such animal to an animal control officer or other authorized representative of the Borough. In appropriate cases, the animal control officer or other authorized representative of the Borough is hereby directed, authorized and empowered to seize and take possession of, on public or private property, any such animal and to dispose of same in any humane way prescribed by law. The remedies of this Subsection D are in addition to those available in § 228-12.
E.
Persons with defective eyesight or hearing while relying upon a dog
specifically trained for these purposes shall be exempt from compliance
with this section.
As authorized by 8 Pa.C.S.A. § 1202(4), the Borough
may require the removal of any nuisance by the owner or occupier of
the grounds or remove the nuisance itself and collect the cost of
removal, together with a penalty of 10% of the cost, in the manner
provided by law for the collection of municipal claims, or by action
of assumpsit, or the Borough may seek relief by bill in equity.
[Amended 3-20-1978 by Ord. No. 386; 12-21-1992 by Ord. No. 536; 10-20-1997 by Ord. No. 589]
Any person, partnership or corporation violating any of the
provisions of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and costs of prosecution or,
in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days.
