[Adopted 12-20-1973 by Ord. No. 1076 (Ch. XVII, Part 1, of the 1974 Code
of Ordinances)]
[Amended 9-17-1985 by Ord. No. 1176; 1-20-2004 by Ord. No. 1298]
The following words, as used in this article, shall have the
meanings hereby respectively ascribed thereto:
A.
NUISANCE – Any use of property within the
Borough of Etna, 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:
(1)
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.
(2)
Operation of gasoline-powered lawn mowers or
gasoline-powered chain saws on any weekday before 8:00 a.m. or on
any Sunday before 12:00 noon.
(3)
Operating model airplanes equipped with gasoline
engines on any public street or on any public ground, including any
playground.
(4)
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.
(5)
Maintaining or permitting the maintenance of any
of the following dangerous conditions, structures or premises:
(a)
Open wells or cisterns.
(b)
Open excavations.
(c)
Unfinished buildings, foundations or other structures.
(d)
Buildings or structures damaged or partially
destroyed or in a state of disrepair or danger.
(e)
Dangerous placement of materials or equipment.
(f)
Lakes, ponds or swimming pools not properly safeguarded.
(g)
Stagnant water in pools in which mosquitoes,
flies or insects multiply.
(6)
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 Secretary.
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 place that the public or residents will
not be annoyed or disturbed by such construction work.
(7)
Carrying on construction work in such a manner
that dirt is carried by wind onto adjacent properties or that mud
is tracked or drained into streets adjacent to the project.
(8)
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.
(9)
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.
(10)
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.
B.
Enumeration of animal nuisances; prohibitions.
(1)
Any dog, cat or other animal which fulfills any of
the following conditions is hereby declared to be a nuisance:
(a)
The animal is kept in a manner so as to create
offensive odors or unsanitary conditions which are a menace to the
health, comfort or safety of the public.
(b)
The animal habitually barks, howls, screeches,
yelps or bays thereby disturbing the quiet of any person or the community.
(c)
The animal scratches, digs or defecates
upon any 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.
(2)
No person shall keep or harbor a dog, cat or other
animal in a manner which constitutes a nuisance. No person shall permit
a dog, cat or other animal to commit a nuisance upon any school grounds
or other public property or upon any private property other than that
of the owner or person in charge of such animal; provided, however,
that if the owner or person in charge of such animal immediately removes
all feces deposited by such animal and disposes of same in a sanitary
manner, such type of nuisance shall be considered abated.
(3)
Any person with defective eyesight or hearing who
relies upon a dog specifically trained for such purposes shall be
exempt from compliance with this article.
It shall be unlawful for any person to create, continue, cause,
maintain or permit to exist any nuisance at any place within the Borough
of Etna.
Any person who shall create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough of Etna 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 such cost and expense may be in addition to any penalty imposed under § 396-4 of this article.
[Amended 9-17-1985 by Ord. No. 1176; 12-11-1989 by Ord. No. 1208]
Any person who violates any provision of this article shall for every such violation, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of the maintenance of any nuisance after the expiration of 10 days following the issuance of the notice referred to in § 396-3 of this article, shall constitute a separate violation.
This article shall not be construed to be the sole means for
abatement of nuisances within the Borough of Etna, 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.
The provisions of this article shall be severable, and if any
of its provisions shall be held to be unconstitutional, illegal or
otherwise invalid, such decision shall not affect the validity of
any of the remaining provisions of this article. It is hereby declared
as a legislative intent that this article would have been adopted
had such unconstitutional, illegal or otherwise invalid provision
not been included herein.
