This chapter shall be known and may be cited
as the "Health and Nuisance Ordinance of the Township of Lower Saucon."
This chapter is adopted for the purposes of
promoting public health, life, safety, morals, welfare, peace, decency,
dignity, reasonable and comfortable use of property and the tranquillity
of the community of the Township of Lower Saucon, County of Northampton,
Commonwealth of Pennsylvania, and to further the following related
and more specific objectives:
A. To prohibit the creation or maintenance of impure,
unwholesome or offensive conditions relating to streets, sidewalks,
air, soil, structures, premises, food or drink.
B. To prohibit the sale, lease or distribution of impure,
offensive or unwholesome products.
C. To prohibit the existence of unsanitary conditions.
D. To prohibit blocking or obstructing streets or sidewalks.
E. To prohibit unguarded open excavations, piles of dirt
or debris and collection of stagnant water.
F. To prohibit the accumulations of brush, debris, litter
and any such other materials which may cause an unwholesome and unhealthy
condition in the Township.
It shall be unlawful and a violation of this
chapter for any person to create a nuisance in the Township of Lower
Saucon. Any activity or activities shall be deemed to be a nuisance
when, based upon actual conditions in the Township, said activity
or activities constitute a nuisance in fact.
The following activities shall be deemed to be a nuisance when, based upon actual conditions in the Township, they constitute a nuisance in fact, and it shall be unlawful and a violation of this chapter for any person to create such a nuisance in the Township of Lower Saucon. It is understood that the listing of the following activities is in no way to be construed as a limitation on those activities which may be prohibited as nuisances and violations of this chapter pursuant to §
112-4.
A. The accumulation of garbage and rubbish or automobiles,
trucks or motorcycles without current license plates or a current
inspection sticker on private or public property, or the carrying
on of any offensive manufacture or business.
[Amended 5-20-1998 by Ord. No. 98-17]
B. The ownership, maintenance, inhabitation, use or offering
for use of any structure on public or private grounds which may be
dangerous, unwholesome or offensive to the public.
C. The willful making or causing to be made any loud
boisterous or unseemly noise or disturbance so as to disturb or annoy
the peaceable public near to or upon any street, lane, alley, park,
square, common or in any public building, public place or business
place or private building or private place within the Township of
Lower Saucon.
D. Any act or conduct such as might tend to cause riot
panic, violence or general disturbance.
E. Any wanton discharge, without legal rights, except
in authorized celebrations, of any gun, pistol, firearm, fireworks
or other explosive.
F. The obstruction of any sidewalk, pavement, highway,
street, lane, alley, thoroughfare, passageway in any public building
or public place or business place.
G. The sale or offering for sale, lease or offering for
lease, gift or offering for gift or distributing any unwholesome,
impure or offensive food or drink or any other material intended for
human or animal consumption.
H. The vexing, hindering, annoying or delaying of any
person or persons whereby the public peace or comfort is broken or
the public annoyed.
I. Engaging in fighting or threatening or in violent
or tumultuous behavior whereby the public peace, comfort or convenience
is broken or the public is annoyed.
J. The traveling about the Township, soliciting or begging
from door to door or upon the streets, sidewalks, curbs, lanes, alleys,
parks, squares, commons or in any public building, public place or
business place, school or private dwelling for the purpose of acquiring
money, food, clothing or employment.
K. The use of indecent, vile and profane language audibly
upon the public streets, lanes, alleys, parks, squares, commons, public
buildings, public places, business places, churches, schools or any
public place within the Township or the making of obscene or indecent
gestures.
L. The congregating or assembling at, near or about a
place where a fire is in progress or where the fire or police apparatus
have been summoned by an alarm or necessity and thereby hindering,
delaying or obstructing any such apparatus, its men and equipment
or rendering dangerous by such assembly the management or handling
of such apparatus.
M. The neglect or refusal to promptly regard and obey
the orders of any police officer in respect to the discharge of his
duties in the enforcement of the laws and ordinances of the Township.
N. The neglect or refusal to promptly regard and obey
the orders of any fireman in respect to the discharge of his duties
at any place where a fire is in progress.
O. The appearance in any public place manifestly under
the influence of alcohol to the degree that the person so appearing
may endanger himself or other persons or property or annoy persons
in his vicinity.
P. The prevention, interruption or disruption of a lawful
meeting, procession or gathering.
Q. Maintaining or permitting the maintenance of unguarded
or open excavations, piles of dirt, litter or debris, the collection
of stagnant water or the collection of human or animal sewerage or
waste on private or public property which may be dangerous, unwholesome
or offensive to the public.
R. The ownership, keeping or maintenance of animals on
private or public property which may be dangerous, unwholesome, or
offensive to the public, which shall include any uttering by said
animals of loud, boisterous or unseemly noises or disturbances so
as to annoy or disturb the peaceful public, including but not limited
to barking, mooing, howling, screeching or other similar animal noises.
S. The planting of shrubs, grasses, trees or other vegetation
at or near any fire hydrant, which vegetation camouflages, hides or
disguises or covers, in whole or in part, said fire hydrant so that
said hydrant cannot be viewed from the roadways; any property owner
who permits shrubs, grasses, trees or other vegetation to grow at
or near any fire hydrant located on his property, which vegetation
camouflages, hides, disguises or covers, in whole or in part, said
fire hydrant so that said hydrant cannot be viewed from the roadways;
the shoveling, plowing or placing of snow on or around any fire hydrant,
which snow camouflages, hides, disguises or covers, in whole or in
part, said fire hydrant so that said hydrant cannot be viewed from
the roadways; or any property owner who permits the accumulation of
snow, other than by natural means, on or around any fire hydrant located
on his property, which snow camouflages, hides, disguises or covers,
in whole or in part, said fire hydrant so that said hydrant cannot
be viewed from the roadways.
[Added 5-2-1979 by Ord. No. 79-3]
T. Engaging in blasting or other quarrying operations
before one hour after sunrise or after one hour prior to sunset on
any given day whereby the public peace, comfort or convenience is
broken or the public is annoyed.
[Added 5-18-1988 by Ord. No. 88-7]
U. The burning and/or open burning of domestic refuse.
[Added 11-20-2002 by Ord. No. 2002-11]
V. Any burning activity that shall cause odor or smoke
to travel across property boundaries which would be determined a nuisance
to an ordinary individual.
[Added 11-20-2002 by Ord. No. 2002-11]
W. All-terrain and off-road vehicles (hereinafter referred to as "ATVs") may be operated during daylight hours, from dawn to dusk, so long as the ATV is operated at least 100 feet away from the property line of any property adjacent to the property on which the ATV is being operated. For the purposes of this subsection, the one-hundred-feet restriction shall also apply to the right-of-way line of any public street or roadway. No ATVs may be operated during the hours from dusk to dawn. The term "ATVs" shall include but not be limited to snowmobiles, motor-driven vehicles having either two or more wheels commonly known as trail bikes, dirt bikes and minibikes, and all other vehicles commonly used for off-road purposes, whether licensed or not by the Commonwealth of Pennsylvania. Operation of an ATV shall mean any use of the ATV. This subsection shall not apply to ATVs when the same are being used for residential gardening, property maintenance, or agricultural purposes. The provisions of this Subsection
W shall not apply to the two annual Steel City Hill Climb events sponsored by the Bushkill Valley Motorcycle Club located on Northampton County Tax Map Parcel Nos. N7-18-1 and N7SE4-19-2A. All other activities conducted on that property shall be subject to the restrictions contained herein.
[Added 5-21-2008 by Ord. No. 2008-02]
For any and every violation of any provision
of this chapter, the Township may exercise any one or more of the
following remedies:
A. This chapter shall be enforced by action brought before
a Magisterial District Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this chapter shall,
upon conviction in a summary proceeding, be punishable by a fine of
not more than $1,000 or by imprisonment for a term not exceeding 90
days. Each day or portion thereof that such violation continues or
is permitted to continue shall constitute a separate offense. Each
section of this chapter that is violated shall also constitute a separate
offense.
[Amended 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]
B. Upon notice to the person violating this chapter,
by certified mail, return receipt requested, to abate the nuisance
and upon failure of such person to do so within a period of 10 days
from the date of the receipt of said notice, the Township may take
such steps as are necessary to abate the nuisance and charge said
person violating this chapter with all costs thereof, together with
a collection fee of 10%, or file a municipal claim against said person,
together with a collection fee of 10%, or by an action of assumpsit
without the filing of a claim.
C. Institute proceedings in any court of equity having
jurisdiction to abate the nuisance.