Ordinance #160 AN ORDINANCE OF THE BOROUGH OF MILLERS TOWN DECLARING CERTAIN CONDITIONS AND USAGES OF PROPERTY TO BE A PUBLIC NUISANCE AND PROVIDING PENALTIES AND ABATEMENT PROCEDURES THEREFORE The Borough of Millerstown hereby ordains as follows: SECTION 1: DEFINITIONS A. The word "nuisance" as used herein shall mean any use of property within the Borough, or any condition that exists on property within the Borough that, other than infrequently, causes or results in the following: Annoyance or discomfort to persons beyond the boundaries of that property. 2. Interference with the health and/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. 3. Disturbance to or interference with the peaceful use of the property of others within the Borough, in any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood. B. The word "nuisance" as used herein 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 same shall emanate. Operating gasoline-powered lawn mowers or gasoline- powered chain saws on any weekday before eight o'clock (8:00) A.M. or any Sunday before twelve o'clock (12:00) Noon. The outside burning of household and/or residential trash, paper products, food wastes, plastics and similar items within the borough at any time. 4. No dog, cat or other domesticated animal or any non- domesticated animal shall be suffered or permitted to run at large in this Borough either upon the public streets or highways or upon property other than the owner of such dog, cat or other animal. 5. Keeping or harboring any dog or other animal or fowl which, by frequent howling or barking or other noise or odor shall annoy or disturb the neighborhood or a number of persons. 6. Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises: Open wells or cisterns. Open excavations. Unfinished buildings, foundations or other structures. Buildings or structures damaged or partially destroyed or in a state of disrepair or danger. (e) Dangerous placement or storage of vehicles, junk materials or equipment.                           Lakes, ponds or swimming pools not property safeguarded. (g) Stagnant water in pools in which mosquitoes, flies or insects multiply. Carrying on any building or road construction, excavation, or trenching, or the operation of heavy equipment or trucks in connection therewith before twelve o'clock (12:00) Noon on Sunday or any other day of the year at any time between dusk and dawn without a special permit issued by the Secretary. The special 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 such a manner or in such a place that the public or residents will not be annoyed or disturbed by that construction work. 8. 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 streets adjacent to the project. 9. Washing, tracking or otherwise depositing dirt, mud, soil, stone, or debris upon or onto the pavement of any street, without removing the same before five o'clock (5:00) P.M. of the day on which the same was deposited thereupon. 10. Using any property or operating any business or other activity so as to permit or cause any water to become polluted by sewage, industrial wastes, acid, 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. Creating or maintaining "attractive nuisances," which is the leaving of a dangerous instrumentality which by its character is dangerous and attractive to children and in a place frequented by children. Installing and/or maintaining an outside wood-burning furnace or any facsimile thereof. 13. To park a motor vehicle or to allow that vehicle to remain parked anywhere within the borough posted with temporary "no parking" signs after any significant snowfall and/or after any snow emergency has been declared by the Mayor and during the continuance of any such snow emergency. The word "person" as used herein shall mean and include any natural person, partnership, association, firm or corporation, D. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter. SECTION 2: CONTINUATION OF NUISANCE It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance as herein defined or set forth at any place within the Borough. SECTION 3: REMOVAL OR ABATEMENT OF NUISANCE Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough shall, within ten (10) days after notice from Council to do so, remove or abate that nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance, and in so doing, shall have the authority with a valid search warrant, if needed, to enter upon the property of the person in default. Thereupon Council 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, the person having failed, neglected or refused to remove or abate the nuisance shall pay the additional amount of ten (10%) percent, in the manner provided for the collection of municipal claims, or by an action in assumpsit. Provided, the cost and expense may be in addition to any penalty imposed hereunder. SECTION 4: PENALTY Any person who violates any provisions hereof shall be guilty of an offense, and for every such offense shall, upon conviction, be sentenced to pay a fine of not more than six hundred ($600.00) dollars and costs of prosecution, and in default of payment of fine and costs, to imprisonment for not more than thirty (30) days. Provided: each day on which a violation shall exist or continue to exist, after notice from Council as provided in Section 2 hereof, shall constitute a separate offense. SECTION 5: ABATEMENT Nothing herein shall preclude the Borough from instituting a proceedings in equity to abate any public nuisance, nor shall any person be precluded from proceeding individually or with other injured persons in equity to cause the abatement of a private nuisance. SECTION 6: REPEALER Any ordinance or portion thereof inconsistent herewith is hereby repealed. Section 24. In the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of this Borough that such remainder shall be and shall remain in full force and effect. Section 25. All ordinances or parts of ordinances, insofar as the same shall be inconsistent herewith, shall be and the same expressly are repealed. Section 26. This Ordinance shall become effective in accordance with Section 103 of the Act. DULY ENACTED AND ORDAINED this 25th day of July, 1994, by the Council of the Borough of Millerstown, Perry County, Pennsylvania, in lawful session duly assembled.
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