Wherever the following terms are used in this article, unless
otherwise specified, they shall have the following meanings:
PERSON
Includes an individual, firm, corporation, association, society
and partnership and any agent, servant or employee of any of the above.
It shall be unlawful for any person or persons to commit or allow nuisances as hereinafter defined in §
92-3.
The following matters, things, conditions or acts, and each
of them, are hereby declared to be a nuisance and injurious to the
health, safety, welfare or convenience of the inhabitants of the Township
of Kingwood:
A. Pollution,
or the existence of a condition or conditions which cause or threaten
pollution, of any waters within the Township of Kingwood in such manner
as to cause or threaten injury to any of the inhabitants of the Township
of Kingwood in their health, safety, welfare and convenience either
in their person or property.
B. The escape
into the open air from any stack, vent, chimney or any entrance to
the open air, or from any fire into the open air, of such quantities
of smoke, soot, fly ash, dust, fumes, vapors, mists or gases as to
cause injury, detriment or annoyance to the inhabitants of the Township
of Kingwood or endanger their comfort, repose, health, safety or property.
C. The making, continuing or causing to be made or continued by any person of any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb or endanger the comfort, repose, health, peace or safety of others. Without intending to limit the generality of §
92-3C, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
(1) Radios;
televisions; phonographs: the playing, use or operation of any radio
receiving set, television , musical instrument, phonograph or other
machine or device for the producing or reproducing of sound in such
a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle or chamber in which
the machine or device is operated and who are voluntary listeners.
The operation of such a set, instrument, phonograph, machine or device
so that it is clearly audible at a distance of 100 feet from the building,
structure, or vehicle in which it is located shall be prima facie
evidence of a violation of this section.
(2) Yelling;
shouting. Yelling, shouting, hooting, whistling or singing on the
public streets, particularly between the hours of 11:00 p.m. and 7:00
a.m., or at any time or place, which annoys or disturbs the quiet,
comfort or repose of persons in any office, dwelling, hotel, motel
or other type of residence or of any persons in the vicinity.
(3) Animals;
birds. The keeping of animals or birds which, by causing frequent
or long-continued noise, disturbs the comfort or repose of any person
in the vicinity; but nothing herein contained is intended to apply
to a dog pound or kennel licensed.
(4) Horns.
The sounding of a horn or warning device on an automobile, motorcycle,
bus or other vehicle, except when required by law or when necessary
to give timely warning of the approach of the vehicle, or as a warning
of impending danger or to persons driving other vehicles or to persons
on the street. No person shall sound a horn or warning device on an
automobile, motorcycle, bus or other vehicle which emits for an unreasonable
period of time.
D. The existence
or presence of any water or other liquid, other than in lakes, rivers,
streams or ponds, in which mosquito larvae breed or exist.
E. The existence
or presence of any accumulation of garbage, refuse, manure or animal
or vegetable matter which may attract flies or to which flies may
have access or in which fly larvae or pupae may breed or exist. Excepted
from this section is manure that is stored and/or used in connection
with an accepted agricultural management practice.
F. 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 as or constitutes a breeding place or harborage for insects
or rodents in or on any land, premises, building or other place.
G. Any act,
matter, thing or condition which is or may become detrimental or a
menace to the health of the inhabitants of the Township of Kingwood
or which is or may become an annoyance or interfere with the comfort
or general well-being of the inhabitants of the Township of Kingwood.
The provisions of this article may be enforced by the police
agencies of the Township of Kingwood, the Township Zoning Officer
or upon the filing of a complaint in the Municipal Court of the Township
of Kingwood by any inhabitant of the Township of Kingwood, either
with or without prior notice to the person committing a violation
of this article.
Any person who violates any provision of this article shall,
upon conviction thereof, be liable to a penalty of not more than $1,000
or imprisonment for not more than 90 days, or both, for each violation.
Each day that said violation continues shall be deemed a separate
and distinct violation.