[Adopted as Part 11, Art. 1137 of the 1979 Codified Ordinances]
[Amended 8-27-1957 by Ord. No. 57-1957]
It is hereby declared to be necessary for the health, cleanliness, comfort and safety of the City to prohibit within the City the carrying on of any manufacture, art, trade, or business which may be noxious or offensive to the inhabitants.
[Amended 8-27-1957 by Ord. No. 57-1957]
No person, firm or corporation shall use any building, structure, lot or premises within the City for any manufacture, art, trade, business, or use that creates or is about to create any noxious, corrosive, toxic or noisome fumes, gas, smoke, odor, dust or vapor, or any other condition that is dangerous to property or to public health or safety.
[Amended 8-27-1957 by Ord. No. 57-1957]
Any violation of any provision of this article is hereby declared to be a public nuisance, and may be abated or removed as such. The proper City authorities may require the removal of the same by the owner or occupant of any such building, structure, lot or premises so used. Upon failure to do so by the owner or occupant, the City authorities may cause the same to be done and collect the cost thereof, together with a penalty of 20% of such cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit.
[Amended 5-4-1983 by Ord. No. 7-1983; 7-13-2016 by Ord. No. 12-2016]
A. 
No person shall maintain or permit to be maintained on any property owned or occupied by him or any property for which he is agent for the owner or occupant within the City any condition causing or contributing to a nuisance detrimental to the public health or which may be so declared by health authorities.
B. 
Whenever any condition set forth in § 422-33A is found to exist, any officer or employee of the Department of Public Safety may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, an order to abate the violation within a specified time, the fine prescribed below, and a reference to this article.
(1) 
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2) 
Ticketed penalties for violations shall be in the following amounts:
(a) 
For the first offense of a violation of this article within a twelve-month period, violation tickets shall be issued in the amounts of $50.
(b) 
For the second offense of a violation of this article within a twelve-month period, violation tickets shall be issued in the amounts of $100;
(c) 
For the third and any subsequent offense of a violation of this article within a twelve-month period, violation tickets shall be issued I the amounts of $300.
(3) 
When a person has been notified in the manner set forth in this article and does not avail himself or herself of the penalty provision of Subsection B(2) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
C. 
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.
A. 
No privy vault, cesspool or similar receptacle for human excrement shall be constructed or maintained upon any property located where the property adjoins a street or alley in which is laid a sewer.
B. 
Any privy vault, cesspool or similar receptacle on any lot or parcel of ground abutting on or contiguous to any public sewer within the City is hereby declared a public nuisance.
[Amended 7-9-1980 by Ord. No. 14-1980]
A. 
The smoking or carrying of a lighted cigar, cigarette or pipe on the buses in the City is declared to be a nuisance prejudicial to the welfare and safety of persons riding in such conveyances and the same is hereby prohibited.
B. 
All agencies of public transportation shall forthwith post "NO SMOKING" signs in each of their transportation vehicles, setting forth fines and penalties as provided in § 422-37.
C. 
It shall be the duty of the Department of Public Safety to cause this section to be enforced.
[Amended 6-6-1990 by Ord. No. 4-1990]
A. 
Any person, firm or corporation violating any provision of this article for which no other penalty is provided shall, upon conviction in a summary proceeding, be fined not more than $1,000 and costs for each violation and, in default of payment thereof, shall be imprisoned not more than 90 days. The continuance of any such violation beyond one day shall be considered a separate and distinct violation for each day so continued and punishable as such.
B. 
Whoever violates § 422-36 shall be fined $10 for each offense, and in default thereof shall be imprisoned for not more than 10 days.