nuisances - continued (page 2) 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 placewithin 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 hirty (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 onstitute 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 sameexpressly 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.