[HISTORY: Adopted by the Board of Supervisors of the Township of Fermanagh 9-14-2015 by Ord. No. 2-2015. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
NUISANCE
Includes any use of property within the Township of Fermanagh, Juniata County, Pennsylvania, or any condition upon property in the Township of Fermanagh, Juniata County, Pennsylvania, that, other than infrequently, causes or results in:
A. 
Annoyance or discomfort to persons beyond the boundaries of that property;
B. 
Interference with the health 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; or
C. 
Disturbance to or interference with the peaceful use of the property of others within the Township of Fermanagh, Juniata County, Pennsylvania, in every 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 sound emanates;
(2) 
Operating gasoline-powered lawn mowers or gasoline-powered chain saws on any weekday before 6:00 a.m. or on any Sunday before 12:00 noon;
(3) 
Operating model airplanes equipped with gasoline engines on any public street or on any public ground, including any park or playground;
(4) 
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 of material or equipment.
(f) 
Lakes, ponds, or swimming pools not properly safeguarded, stagnant water in pools in which mosquitoes, flies, or insects multiply.
(5) 
Carrying on any building or road construction, excavation or trenching, or the operation of heavy equipment or trucks in connection with any such operation, at any time on Sunday or a legal holiday, or on any other day of the year at any time between 9:00 p.m. and 6:00 a.m. without a special permit issued by the Secretary. That permit shall be issued only if it is shown that the construction work must proceed as a matter of emergency or that it can be carried on in a manner or in a place that the public or residents will not be annoyed or disturbed by the work;
(6) 
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 the streets adjacent to the project;
(7) 
Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street or public roadway; without removing that material before 5:00 p.m. of the day on which it was deposited on the street;
(8) 
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.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Township of Fermanagh, Juniata County, Pennsylvania, shall, within 10 days after notice from the Board of Supervisors to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within that time limit, the Board of Supervisors shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance, and, in doing so, shall have authority to enter upon the property of the person in default. Thereupon, the Board of Supervisors 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, and who had 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 cost and expense may be in addition to any penalty imposed under § 101-4.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each section of this chapter that is violated shall also constitute a separate offense. Each day after the notice required by § 101-3 has been given shall be considered a separate and distinct violation and subject to violator to separate penalties in accordance with the above.
This chapter shall not be construed to be the sole means for abatement of nuisances within the Township of Fermanagh, Juniata County, Pennsylvania, 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 Township of Fermanagh, Juniata County, Pennsylvania, Board of Supervisors may institute proceedings in equity.