[1968 Code § 74-3]
As used in this chapter:
Shall mean whatever is dangerous to human health, or whatever
renders the ground, the water, the air or food a hazard or injury
to human health, is hereby considered a nuisance.
[1968 Code § 74-4]
No persons shall carelessly, negligently or willfully aid in
or contribute to the doing of any act detrimental to the health of
the public, nor shall omit any precaution reasonable and proper to
prevent or remove anything detrimental to the health of the public.
[1968 Code § 74-5]
Loud and unnecessary noises which disturb the public peace,
the barking of dogs, the blowing of horns or whistles, the sounding
of gongs, ringing of bells, the operating of noisy delivery wagons,
the use of muffler cutouts, are hereby nuisances and are prohibited.
[1968 Code § 74-6]
All public conveyances operated in the Borough shall be kept
in a thoroughly clean and sanitary condition, and a sufficient number
of ventilators shall be open at all times to provide a plentiful supply
of pure air. Conductors or other persons in charge thereof shall be
held responsible for the condition of such public conveyances.
[1968 Code § 74-7]
The owners, lessees, tenants, occupants, manager or firemen
of every shop, manufactory and premises where any burning is done,
or wherein or upon any engine or locomotive is used, shall not cause,
suffer or allow any cinders, dust, gas or smoke to escape or to be
discharged from such engine, locomotive, building or premises in such
quantities as to be injurious to public health.
[1968 Code § 74-8]
No person shall carry on any trade, manufacture or business
within the Borough which may be obnoxious or offensive to the inhabitants
of said borough or part thereof, and which may be attended by noisome
or offensive odors, without first having obtained a permit to be granted
from the Board, such permit to be granted on such terms and conditions
as shall be prescribed by the Board, to which terms or conditions
the applicant or applicants for such permit shall subscribe before
receiving the permit, and such permit shall not be transferable in
case of sale or transfer of the business; in which case a new application
must be made in the name of the parties who propose to conduct the
business; and the trade, manufacture or business may be at any time
summarily abated in case of failure or neglect to comply with the
terms and conditions of the permit; and any such trade, manufacture
or business which may be established within the Borough without having
first obtained the permit hereinafter provided for shall be summarily
abated.
[1968 Code § 74-9]
Where noises, noxious odors, gas or vapor or cause of ill health
or disease shall be found on private property, the Board shall cause
notice thereof to be given the owner or owners to remove or abate
the same at their own expense within such time as the Board shall
deem proper. A duplicate of the notice so given shall be left with
one or more of the tenants or occupants of the premises. If the owner
resides out of State or cannot be reached with notice speedily, notice
left at the house or placed on the premises shall be deemed sufficient,
and if the owner or owners thus notified shall not comply with such
notification or order of the Board of Health within the time specified,
the Board may proceed to abate such nuisance and remove the cause
of such foul and noxious odors, gas or vapor or other conditions detrimental
to the public health, and such Board shall have the right to recover,
by action for debt, for the expense incurred by said Board in the
abatement or removal, from any person or persons who shall have caused
or allowed such nuisance, source of foulness or cause of sickness
hazardous to the public health, and from any owner, tenant or occupant
of the premises who after such notice as aforesaid shall have failed
to remove such nuisance within the time specified in the notice, and
in case the Board of Health shall fail to recover such expense or
it shall be deemed inexpedient to bring such suit, they may present
the bill, certified by the Board or a majority thereof, to the local
municipal authorities, and such bill shall be audited and paid by
the Borough Council or other local municipal government, in and for
which the Board is organized, in the same manner as the bills for
ordinary current expenses for such municipality are paid.
[Code 1968 § 74-10; amended 12-18-2023 by Ord. No. 2023:38]
The following violations are hereby specifically declared to
be nuisances:
a.
The placing or depositing or allowing to remain in or upon any street
or public place, or in or upon any open lot or public or private property,
the carcass of any animal or part of the same, or manure or compost
(stable manure kept in manure pits of approved construction and location
excepted), or any foul or offensive or obnoxious substance whatever,
commercially available organic fertilizer excepted.
b.
Throwing upon or allowing to flow from any premises, upon any street,
public place, open lots or public or private property, or allowing
to collect upon the surface of any premises, any waste, water, dirty
water, slops, stable drainings, overflow from any cesspool or privy
vault, or any offensive matter whatever.
c.
Any full, foul or leaking privy vault, cesspool or other receptacle
of filth, or privy vault, cesspool or catch basin which is beneath
any dwelling house or other building, or which is attached to the
foundation wall of any dwelling house or other building; any privy
vault or cesspool which is not watertight and flyproof; the accumulation
of manure or any form of filth that has not been so treated as to
act as a repellent to flies. (The presence of fly eggs or maggots
of flies will be sufficient evidence that such accumulation has not
been properly treated.)
d.
Allowing or permitting any night soil, garbage or any other offensive
or decomposed solid or fluid matter or substance to leak or ooze from
any cart or wagon or vessel in which the same may be conveyed or carried.
e.
Keeping of any pen or enclosure for animals in an unsanitary manner.
f.
The pollution of any well, spring or reservoir used as a source of
potable water.
g.
The spitting upon the floor, steps or other portions of any public
building, sidewalk or public conveyance.
h.
Any imperfect trap, sink or water closet within any building, or
other drainage appliance or fixture within any building, from which
there shall emanate any foul or obnoxious gas, odor or leakage.
i.
All sunken lots or marshes below grade where stagnant water gathers
or is collected are hereby declared to be a nuisance, and any owner
or owners or tenant or tenants or agent of any such lots or lands
shall on written notice from this Board correct and abate this nuisance
in the manner prescribed by the Board in the notice.
j.
The keeping of any dwelling house or other building in which there
is or has been any pollutions or communicable disease without thorough
airing, cleaning and disinfection is hereby declared to be a nuisance.
k.
The accumulation of water in which mosquito larvae breed or which
shall be reason of offensive odors emanating therefrom become a detriment
to health or cause discomfort to persons living or passing in the
vicinity thereof is hereby declared a nuisance.
l.
Depositing, accumulating or maintaining any matter or thing which
serves as food for insects or rodents and to which they may have access,
or which serves or constitutes a breeding place or harborage for insects
or rodents in or on any land, premises, building or any other place.
m.
The owner, agent, lessee, tenant, occupant or other person who manages
or controls a building or lot shall be jointly and severally responsible
for keeping the sidewalk, flagging and curbstone abutting the premises
free from obstructions and nuisances and for keeping such sidewalk,
flagging and curbstone and the air shafts, areaways, back yards, basements,
courts, parking lots and alleys or lot clean and free from garbage,
refuse, rubbish, litter, junk cars and other offensive matter or accumulation
of stagnant water.
n.
Presence of poison ivy, ragweed or sumac in or on any land or premises
is specifically declared to be a nuisance.
o.
Outdoor Feeding Prohibited. Depositing, accumulating, or maintaining
any matter or thing which serves as food for insects or rodents and
to which they may have access, or which serves or constitutes a breeding
place or harborage for insects or rodents in or on any land, premises,
building or any other place. All feeding of animals outdoors shall
be prohibited with the following exception: birds may be fed in vermin
proof containers.
