Article 2

Article 2
Nuisances

§8-201 “Nuisance” Defined.

The word "nuisance," as used in this Article, shall mean any use of property within the Borough, or any condition upon property within the Borough 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 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; and/or (C) 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. Specifically, the word "nuisance" shall include, but shall not be limited to, the following:

A. Loud playing of radios, television sets, juke boxes, amplifiers and other sound devices so as to be heard beyond the premises from which the sound emanates.

B. Keeping or harboring any dog or other animal or fowl which, by creation of odor or by frequent howling or barking or other noise, particularly by barking after 10 p.m. or before 6 a.m., annoys or disturbs the neighborhood or a number of persons.

C. Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises:

(1) Open wells or cisterns.

(2) Open excavations.

(3) Unfinished buildings, foundations or other structures.

(4) Dangerous placement of materials or equipment.

(5) Lakes, ponds or swimming pools not properly safeguarded.

(6) Stagnant water in pools in which mosquitoes, flies or insects multiply.

(7) Dangerous structures, including but not limited to buildings, or parts of buildings, in a state of dilapidation or disrepair.

D. Carrying on any building or road construction, excavation, or trenching, or the operation of heavy equipment or trucks in connection therewith at any time on Sunday or a legal holiday, or on any other day of the year at any time between 7 p.m. and 7 a.m. without a special permit issued by the Secretary. That special permit shall be issued only if it is shown that 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.

E. 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.

F. Washing, tracking or otherwise depositing dirt, mud, soil, stone or debris upon or onto the pavement of any street, without removing the material before 5 p.m. of the day on which the material was deposited.

G. 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 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.

H. Creation or maintenance of "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.

I. All structures and exterior property shall be maintained in a manner to prevent rodent and wild animal harborage, feeding, and infestation. The owner of the property shall be responsible for the maintenance of the structure. The occupant of the property, if different from the owner, shall be responsible to maintain exterior property areas.

(1) Where rodents are found, the owner of the property shall arrange for extermination by approved processes which will not be injurious to human health. After extermination, the occupant of the property shall take all proper precautions to eliminate rodent harborage and prevent reinfestation.

(2) Except as set forth in §8-201.I(3) of this Chapter, no occupant of a property shall attract or feed wild and/or stray domestic animals, including, but not limited to, stray cats, stray dogs, skunks, raccoons, and squirrels. Nothing contained herein shall prohibit occupants from feeding birds using bird feeders or other receptacles. In connection with the feeding of birds, this prohibition shall include scattering, broadcasting, dropping or placing any corn, seeds, feed, or bread on the ground, deck, or any surface not used as recognized bird feeders. This prohibition shall include the feeding of any wild and/or stray domestic animals recognizing that skunks, raccoons, groundhogs, and similar wild animals will be attracted by the placement of a food source in the exterior of a property not within a bird feeder.

(3) No person shall attract stray or feral cats unless such person participates in a trap, neuter and return program. No person shall feed stray or feral cats unless all cats being fed are neutered or spayed to prevent procreation, are immunized against rabies in compliance with Pennsylvania law, are immunized against distemper, and are tipped on the left ear to signify that such stray or feral cats have been spayed or neutered and immunized as required. Any person who attracts or feeds stray or feral cats shall prevent any condition that causes a nuisance to neighbors or creates a condition contrary to the health, safety or welfare of the neighborhood. It shall be presumed that any activities that result in stray or feral cats entering on a property of any person other than the person feeding the stray or feral cats and defecating on such property or causing other damage on such property are a violation of this provision.

(Ord. 1984-1, 7/9/1984, §8-2001; as amended by Ord. 2017-3, 4/10/2017, §7; and by Ord. 2019-1, 4/8/2019, §1; and by Ord. 2022-1, 4/11/22, §1)

§8-202 Unlawful to Create or Maintain Nuisance.

It shall be unlawful for any person to create, continue, cause, maintain or permit to exist any nuisance at any place within the Borough.

(Ord. 1984-1, 7/9/1984, §8-2002; as amended by Ord. 1994-2, 3/14/1994)

§8-203 Removal or Abatement of Nuisances.

Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough, shall, within 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 authority 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, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 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 under §8-204.

(Ord. 1984-1, 7/9/1984, §8-2003)

§8-204 Penalty for Violation.

Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentenced to a fine of not less than $100 and not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense. The Borough shall be entitled to recover all of its reasonable attorneys’ fees as costs of the proceeding in accordance with §3321(a)(5) of the Borough Code.

(Ord. 1984-1, 7/9/1984, §8-2004; as amended by Ord. 2009-1, 7/13/2009; and by Ord. 2017-3, 4/10/2017, §8)

§8-205 Exceptions.

This Article shall not be construed to be the sole means for abatement of nuisances within the Borough, 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 Article, the Borough may institute proceedings in equity.