[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft 8-17-2021 by Ord. No. 2021-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, partnership, association or corporation,
as well as all officers, agents, servants, employees or others acting
for any of the same, and shall be taken as applying in the singular
or plural, as the case may require.
That which is set up, maintained or continued so as to be
an obstruction to the use of property by inferfering with the response,
health, safety or life of the public.
Any person who creates, continues or maintains any public or
common nuisance within the Borough of Folcroft shall be deemed guilty
of a violation of this chapter and shall be liable for the expense
and abatement and remedy thereof, as well as such fines and penalties
as may be imposed.
A.
It is hereby declared to be a public nuisance, in that the same is
injurious to public health, noise nuisances. It is hereby declared
to be a public nuisance for any person to make or cause to be made
through any instrumentality any excessive or unusually loud noise
or to create a noise nuisance causing discomfort or annoyance to a
reasonable person of ordinary sensibilities within any residential
area of the Borough of Folcroft or any area within 500 feet of a residential
area of the Borough of Folcroft after the hour of 10:00 p.m. or before
7:00 a.m., Monday through Friday and after the hour of 10:00 p.m.
or before 8:00 a.m. Saturday through Sunday prevailing time. Without
intending to limit the generality of the foregoing, the following
are declared to be noise nuisances within any residential area of
the Borough of Folcroft or any area within 500 feet of a residential
area of the Borough of Folcroft:
(1)
The operation of construction equipment outside or the performance
of exterior construction or repair work (except in the case of an
emergency) on any building or other structure after the hour of 10:00
p.m. or before 7:00 a.m. Monday through Friday and after the hour
of 10:00 p.m. or before 8:00 a.m. Saturday through Sunday prevailing
time.
(2)
The operation, whether on a public or private street or on private
property, of any motor vehicle without a muffler or the repair, rebuilding
or testing of any motor vehicle or internal combustion engine after
the hour of 10:00 p.m. or before 7:00 a.m. Monday Sunday prevailing
time.
(3)
Playing any instrument, stereo, radio, cassette player or similar
device or operating or using any sound amplification equipment either
any building or within any building if the sound produced is audible
outside such building, after the hour of 10:00 p.m. or before 7:00
a.m. Monday through Friday and after the hour of 10:00 p.m. or before
8:00 a.m. Saturday through Sunday, prevailing time.
Notice to remove may be served upon the owner verbally if he
or she resides in the Borough. If the owner does not reside in the
Borough, then such notice may be served verbally upon the tenant,
owner, or occupant of the premises. If there is no tenant or occupant,
then such notice may be posted on the premises.
Every owner or occupier of land whereon any nuisance exists
is hereby required to cease any activity creating such nuisance and
to abate such nuisance immediately upon notice to do so communicated
by any representative of the Borough, including the Police Department
or Department of Code Enforcement. In the event that abatement of
the nuisance requires the removal of any object or thing or physical
changes to the land or any structure, the owner or occupier shall
remove or cause to be removed such nuisance or perform any work necessary
to remove any cause of nuisance within 10 days after notice to abate
such nuisance, except in the case of any nuisance that constitutes
an imminent and serious danger to the public health or safety, in
which case such abatement of the nuisance shall be performed immediately
upon notice to do so communicated by any representative of the Borough,
including the Police Department or Department of Code Enforcement.
In the event of any failure or refusal to abate any nuisance or perform
any work necessary to abate such nuisance, after the expiration of
10 days of notice to abate such nuisance or except in the case of
any nuisance that constitutes an imminent and serious danger to the
public health or safety, the Borough may cause the abatement of such
nuisance at the cost of the owner or occupier and collect the cost
thereof, together with an administrative fee to the Borough of 20%
of such cost and reasonable attorney's fees of the Borough, from
such owner or occupier, and the Borough may file a municipal claim
for the same or collect it by action assumpsit.
A.
Any person who fails to cease or abate any nuisance as set forth in § 410-5 after notice to cease has been communicated by a representative of the Borough as set forth in § 410-4, in addition to bearing the cost of abatement as provided in § 410-5, such person shall be issued a Borough notice of violation by the Folcroft Borough Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a nontraffic citation with the Borough Magisterial District Judge.
B.
Upon summary conviction before a Magisterial District Judge, the
offender shall be sentenced to pay a fine of no less than $100 nor
more than $1,000 plus costs of prosecution and the Borough's
actual attorneys' fees. Each day that a violation of this chapter
continues shall be deemed to be a separate offense.
