[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown 7-18-2019 by Ord. No. 2019-03. Amendments noted
where applicable.]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings 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.
In all references to persons, the use of any particular gender is
intended to include the appropriate gender as the text of this chapter
may require.
Any vehicle in nonserviceable condition or without having
both a current inspection sticker and a current registration plate.
The Borough of Abbottstown, which is located within the confines
of Adams County, Pennsylvania.
The Council of Abbottstown, Adams County, Pennsylvania.
Any act, work or conduct causing or tending to cause a disturbance
of the peace and good order of the Borough or causing or tending to
cause any danger, discomfort or annoyance to any of the inhabitants
of the Borough, or users of the Borough thoroughfares; or any loud,
boisterous, excessive, unseemly or unnecessary noise or disturbance,
fighting or quarreling or inciting others to fight or quarrel; or
making use publicly of obscene or indecent language; being visibly
intoxicated; or loafing, loitering, or prowling on private or public
property or on any of the public streets or roads or public grounds
in the Borough to the annoyance of peaceable residents nearby traveling
or residing on any street or road or being lawfully on any public
grounds of the Borough, whereby the public peace is broken or disturbed
or the traveling public is annoyed.
Any use of property within the Borough of Abbottstown, 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" includes the following if they constitute a "nuisance"
as defined above:
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.
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.
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises:
Open wells or cisterns.
Open excavations.
Unfinished buildings, foundations or other structures.
Buildings or structures damaged or partially destroyed or in
a state of disrepair or danger.
Dangerous placement of materials or equipment.
Lakes, ponds or swimming pools not properly safeguarded.
Stagnant water in pools in which mosquitoes, flies or insects
multiply.
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.
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.
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.
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, or permitting a dead tree or tree
branch to remain that causes a hazardous condition to neighbors, their
property, the public or public property.
The burning of bonfires, rubbish fires or fires of any nature
not contained within a portable fire pit, chiminea or outdoor fireplace.
This section does not prohibit gas or charcoal grills for the purpose
of cooking food.
The accumulation or cause or permitting accumulation of garbage,
refuse or rubbish on public or private grounds within the limits of
the Borough of Abbottstown, or running or operating a junkyard within
the same.
Abandoned or junked motor vehicles, or any recreational vehicles
(RVs), stored on private or public property in public view, unless
stored at a licensed storage facility.
Operating of motor vehicles, to include motorcycles, motorbikes,
scooters, ATVs, snowmobiles, go-carts or any others, which are not
adequately and properly equipped with mufflers in operating condition.
Operating model airplanes equipped with gasoline engines or
drones over another's private real estate where they may sense
a loss of privacy from its operation.
Throwing trash, rubbish or removed snow upon or onto the streets
or public or private property adjacent thereto.
Leaving garbage containers, debris or other large disposed items
or containers on the street curbs more than 24 hours before or 24
hours after scheduled pickup times from the contracted waste hauler.
Posting bills, notices, advertisements or signs on telephone
poles or elsewhere along streets or on public property, with the exception
of yard sale signs, to be posted no more than one week prior to the
event and taken down no more than 24 hours after, or unless otherwise
permitted.
To be in violation of any curfew or legal restriction on public
assembly hereinafter established by resolution of the Borough Council.
Begging, soliciting alms or vagrancy.
Any act of disorderly conduct, as defined in the definition
of "disorderly conduct."
Any lot owner or owners or occupiers of the same fronting on
the respective streets within the Borough, whether rented or occupied
by the owner, shall either remove or cause to be removed all snow
from the respective sidewalks and water gutters within a period of
24 hours after the accumulation, and all ice shall be salted or cindered
within 24 hours of forming.
Vegetation: No person, firm or corporation owning or occupying
any property within the Borough shall permit any grass or weeds or
any vegetation whatsoever, not edible or planted for some useful or
ornamental purpose, to grow or remain upon such premises so as to
exceed a height of six inches, or to throw off any unpleasant or noxious
odor, or to create a visual hazard at any intersection.
Drainage or flowing, or allowing to drain or flow, by pipe or
other channel, whether natural or caused, any water or drainage from
sinks, bathtubs, lavatories, swimming pools, privies or cesspools
of any kind or nature whatsoever, from property along any public highway,
road, street or alley in the Borough of Abbottstown into or upon any
public or private property.
Any other act or acts violating the PA Borough Code or the laws
of the Commonwealth of Pennsylvania, and not specifically defined
or prohibited by any ordinances of the Borough of Abbottstown.
Any member of the PA State Police, local or regional police
department, Borough-designated fire department, constable, code enforcement
or other officer assigned to enforce Borough codes.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
Any natural person, firm, partnership, association, corporation,
company, club, co-partnership, society or any organization of any
kind.
Any grass, weed or vegetation whatsoever, which is not edible
or planted for some useful, legal or ornamental purpose.
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 Abbottstown.
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 § 141-4 of this chapter.
Any person who shall violate any provision of this chapter shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of up to $1,000 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided each day's continuation of the maintenance of any nuisance, after the expiration of five days following the issuance of the notice referred to in § 141-3 of this chapter, shall constitute a separate violation.
A.Â
This chapter shall not be construed to be the sole means for abatement
of nuisances within the Borough of Abbottstown, 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.
B.Â
The provisions of this chapter are severable. If any provision shall
be held by a court to be unconstitutional and void, the remaining
provisions of this chapter shall remain valid.
All ordinances and resolutions and any parts thereof which are
in conflict with this chapter are repealed to the extent of the conflict.
