[HISTORY: Adopted by the City Council of the City of Shamokin 9-9-1985 by Ord. No. 296 (Ch. 76B of the 1967 Code). Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
NUISANCE
Any use of the property within the City or any condition upon property within the City that, other than infrequently, causes or results in annoyance or discomfort to persons beyond the boundaries of that property; interference with health and/or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and/or disturbance to or interference with the peaceful use of the property of others within the City, 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) 
Keeping or harboring any dog, cat 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; keeping or harboring any dog or cat which is allowed to periodically run loose and has bitten at least two people.
(3) 
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 or storage of vehicles, materials or equipment.
(f) 
Lakes, ponds or swimming pools not properly safeguarded.
(g) 
Stagnant water in pools in which mosquitoes, flies or insects multiply.
(4) 
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.
(5) 
Creating or maintaining an attractive nuisance, which is the leaving of a dangerous instrumentality which, by its character, is dangerous and attractive to children and in a place frequented by children.
PERSON
Includes any natural person, partnership, association, firm or corporation.
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the City.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the City shall, within 10 days after notice from City Council to do so, remove or abate that nuisance. If that person fails, neglects or refuses to do so, remove or abate the nuisance within the time limit, City Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance and, in so doing, shall have the authority to enter upon the property of the person in default. Thereupon, City Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit, provided that the cost and expense may be in addition to any penalty imposed under § 355-4 of this chapter.
[Amended 6-11-1990]
Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction thereof before any Magisterial District Judge, be sentenced to pay a fine of not less than $100 and not more than $300 and costs of prosecution and/or suffer imprisonment for up to 180 days, or both. The continuation of such violation for each successive day shall constitute a new and separate offense, and the person or persons allowing the continuation of the violation may be punished as provided above for each separate offense.
This chapter shall not be construed to be the sole means for abatement of nuisances within the City, 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 conferred in this chapter, the City may institute proceedings in equity.