Ordinance #160 AN ORDINANCE OF THE BOROUGH OF MILLERSTOWN 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. continued - click here for Page 2