Chapter 10 Health and Safety

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Chapter 10

Health and Safety

Part 1Nuisances Detrimental to Public Health

§10-101. Enforcement§10-102. Duty of Health Officer§10-103. Nuisances Unlawful§10-104. Stagnant Water§10-105. Offensive Liquids Forbidden on Streets§10-106. Additional Nuisances§10-107. Dumps Defined§10-108. Penalties

Part 2Storage of Motor Vehicle Nuisances

§10-201. Definitions§10-202. Motor Vehicle Nuisances Prohibited§10-203. Storage of Motor Vehicle Nuisances Permitted§10-204. Inspection of Premises; Notice to Comply§10-205. Authority to Remedy Noncompliance§10-206. Hearing§10-207. Penalties§10-208. Remedies Not Mutually Exclusive

Part 3Restricting Open Storage of Personal Property

§10-301. Definitions§10-302. Storage of Nuisances Prohibited§10-303. Storage Requirements§10-304. Inspection of Premises; Notice to Comply§10-305. Authority to Remedy Noncompliance§10-306. Hearing§10-307. Penalties§10-308. Remedies Not Mutually Exclusive

Part 4Disturbing Noises

§10-401. Intent and Purpose§10-402. Noise Disturbance§10-403. Violations§10-404. Exceptions§10-405. Penalties

§10-101 Health and Safety §10-105

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Part 1

Nuisances Detrimental to Public Health

§10-101. Enforcement.Under the direction of the Board of Health, the Health Officer, in his official

capacity, shall be in charge of the enforcement of this Part and he shall act asprosecutor in all cases of violation of the health laws, ordinances, rules and regulationsor prosecution for the abatement of nuisance detrimental to the public health. In theabsence of a Health Officer enforcement of this Part shall be the duty of the Mayor orthe Health Committee of the Borough Council.(Ord. 73A, 4/1/1960, §2; as amended Ord. 4/1/1968)

§10-102. Duty of Health Officer.It shall be the duty of the Health Officer to make stated sanitary inspection of the

streets and alleys and premises in the Borough at such times as the Board of Healthmay direct and to report to the Board of Health all nuisances detrimental to publichealth. He shall also, at the direction of the Board of Health, upon the complaint ofcitizens and property owners or otherwise, make special investigations of allegednuisances and report concerning the same to the Board of Health. He shall serve allnotices of abatement issued by the Board of Health, perform such other dutiesregarding the abatement of nuisances as the Board of Health may direct and shallexecute the orders of the Board of Health, and shall in the performance of his dutieshave the power and authority of a policeman.(Ord. 73A, 4/1/1960, §3)

§10-103. Nuisances Unlawful.No person shall maintain or permit to be maintained on any property owned or

occupied by him within the Borough any condition productive of a nuisance detrimentalto the public health or which may be so declared by the Board of Health, and uponreceipt of a notice from the Board of Health that such a condition exists on a propertyowned or occupied by him, it shall be his duty to abate the nuisance created thereby tothe satisfaction of the Board of Health, within the time limit specified in said notice.(Ord. 73A, 4/1/1960, §4)

§10-104. Stagnant Water.No person shall permit any body of water that has or may become stagnant to

remain on the premises owned or occupied by him. Upon receipt of a notice from theBoard of Health that such a condition exists upon a property owned or occupied by him,it shall be his duty to abate the nuisance created thereby to the satisfaction of theBoard of Health, within the time limit specified in such notice.(Ord. 73A, 4/1/1960, §5)

§10-105. Offensive Liquids Forbidden on Streets.No person shall run, cast or deposit, either by means of a drain or otherwise, upon

§10-105 Borough of Modena §10-108

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any street or alley in the Borough any kitchen slops, wash water, soap suds or any othernauseous or offensive liquid or substance.(Ord. 73A, 4/1/1960, §6)

§10-106. Additional Nuisances.The following uses of and activities upon real property in the Borough of Modena

are hereby declared to be nuisances and are hereby prohibited:A. The use of any premises as a trash or garbage dump.B. The depositing, accumulating, dumping of any amount of trash or garbage

upon the premises of another, or in any streams or other bodies of water, or onhighways, or upon public property.

C. The burning or setting fire to trash, rubbish, refuse or garbage broughtupon or accumulated or stored on any premises from any other location orlocations.

D. Any use of or activity upon property that by reason of flames, smoke, odors,fumes, noise or dust unreasonably interferes with the reasonable use, comfort andenjoyment of a neighbor’s property or endangers the health or safety of theoccupants of a neighboring property; offensive use shall not include farming orother allied occupation heretofore in existence and practiced within the Boroughof Modena.

E. Abattoir, glue factory, fireworks factory, fertilizer plants, bone yard,chemical works or any other obnoxious or new offensive business or factory.

(Ord. 82, 7/13/1970, §1)

§10-107. Dumps Defined.For the purpose of this Part, a trash or garbage dump shall be considered the

accumulation or storage of trash, refuse, rubbish or garbage which has been accumu-lated on, brought upon or conveyed to a premises from sources or locations other thanthe premises upon which said trash, refuse, rubbish or garbage is stored or accumu-lated, whether the owner of such premises is compensated for said dumping or not.(Ord. 82, 7/13/1970, §2)

§10-108. Penalties.Any person, firm or corporation who shall violate any provision of this Part, upon

conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costsand, in default of payment of said fine and costs, to a term of imprisonment not toexceed 30 days. Each day that a violation of this Part continues shall constitute aseparate offense.(Ord. 73A, 4/1/1960, §7; as amended by Ord. 82, 7/13/1970; by Ord. 117, 2/6/1984; andby Ord. 145-07, 12/11/2007)


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Part 2

Storage of Motor Vehicle Nuisances

§10-201. Definitions.1. As used in this Part, the following terms shall have the meanings indicated,

unless a different meaning clearly appears from the context:Lessee - owner for the purpose of this Part when the lessor holds the lessee

responsible for maintenance and repairs.Motor vehicle - any type of mechanical device, propelled by a motor, in which

persons or property may be transported upon public streets or highways, andincluding trailers or semi-trailers pulled thereby.

Nuisance - any condition, structure, or improvement which shall constitute adanger or potential danger to the health, safety, or welfare of the citizens of theBorough.

Owner - the actual owner, agent or custodian of the property on which motorvehicles are stored, whether individual or partnership, association, or corporation.

Person - a natural person, firm, partnership, association, corporation, or otherlegal entity.2. In this Part, the singular shall include the plural; the plural shall include the

singular; and the masculine shall include the feminine and the neuter.(Ord. 145-07, 12/11/2007)

§10-202. Motor Vehicle Nuisances Prohibited.It shall be unlawful for any person, owner or lessee to maintain a motor vehicle

nuisance upon the open private grounds of such person, owner or lessee within theBorough. A motor vehicle nuisance shall include any motor vehicle which is unable tomove under its own power and has any of the following physical defects:

A. Broken windshields, mirrors or other glass, with sharp edges.B. One or more flat or open tires or tubes which could permit vermin

harborage.C. Missing doors, windows, hood, trunk or other body parts which could

permit animal harborage.D. Any body parts with sharp edges including holes resulting from rust.E. Missing tires resulting in unsafe suspension of the motor vehicle.F. Upholstery which is torn or open which could permit animal and/or vermin

harborage.G. Broken head-lamps or tail-lamps with sharp edges.H. Disassembled chassis parts apart from the motor vehicle stored in a

disorderly fashion or loose in or on the vehicle.I. Protruding sharp objects from the chassis.J. Broken vehicle frame suspended from the ground in an unstable manner.


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K. Leaking or damaged oil pan or gas tank which could cause fire orexplosion.

L. Exposed battery containing acid.M. Inoperable locking mechanism for doors or trunk.N. Open or damaged floor boards including trunk and fire-wall.O. Damaged bumpers pulled away from the perimeter of vehicle.P. Broken grill with protruding edges.Q. Loose or damaged metal trim and clips.R. Broken communication equipment antennae.S. Suspended on unstable supports.T. Such other defects which could threaten the health, safety and welfare of

the citizens of the Borough.(Ord. 145-07, 12/11/2007)

§10-203. Storage of Motor Vehicle Nuisances Permitted.1. Any person, owner or lessee who has one or more motor vehicle nuisances as

defined in §10-202 above may store such vehicle(s) in the Borough only in strictcompliance with the regulations provided herein. Such person, owner or lessee must,first, apply for a permit for either temporary or permanent storage and pay a fee to theBorough pursuant to a resolution of the Borough Council. The motor vehicle nuisance(s)must be stored within a garage or other enclosed building or, outside within an opaquefence at least 6 feet high which is locked at all times when unattended.

2. With the special approval of the Borough Council motor vehicle nuisances mayalso be stored outside in an area enclosed by a chain link fence, at least 6 feet high,screened by shrubbery around the perimeter to the height of the fence, with anunobstructed gate capable of admitting fire or emergency equipment. Such gate shallremain locked at all times when unattended. In addition, all gas and oil or otherflammable liquid shall be removed from the motor vehicle and it shall be kept free ofvermin infestation while being stored. The total area of storage of motor vehiclenuisances may not exceed 200 square feet.

3. Nothing herein shall be construed to permit the storage of motor vehiclenuisances contrary to the provisions of the Borough Zoning Ordinance [Chapter 27].(Ord. 145-07, 12/11/2007)

§10-204. Inspection of Premises; Notice to Comply.1. The Zoning Officer, or other person designated by Borough Council, is hereby

empowered to inspect private property on which motor vehicles are stored to determineif there is compliance with the provisions of this Part. If noncompliance with theprovisions of this Part constitutes a nuisance, or if any condition, structure, orimprovement poses a threat to the health, safety, or welfare of the public, he shall issuea written notice to be served by registered or certified mail upon the owner of saidpremises, or, if the owner’s whereabouts or identity be unknown, by posting the noticeconspicuously upon the offending premises.

2. Said notice shall specify the condition or structure or improvement complained


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of, and shall require the owner to commence to remove or otherwise rectify the conditionor structure or improvement as set forth therein within 10 days of mailing or postingof said notice, and thereafter, to fully comply with the requirements of the notice withina reasonable time.(Ord. 145-07, 12/11/2007)

§10-205. Authority to Remedy Noncompliance.If the owner of grounds on which motor vehicles are stored does not comply with

the notice to abate the nuisance, within the time limit prescribed, the Borough shallhave the authority to take measures to correct the conditions and collect the cost of suchcorrections plus 10 percent of all costs. The Borough, in such event and pursuant to itsstatutory or otherwise authorized police powers, shall have the right and power to enterupon the offending premises to accomplish the foregoing.(Ord. 145-07, 12/11/2007)

§10-206. Hearing.1. Any person aggrieved by the decision of the Zoning Officer, or other person

designated by Borough Council, may request and shall then be granted a hearing beforethe Borough Council; provided, he files with the Borough Council within 10 days afternotice of the decision of the Zoning Officer, or other person designated by Council, awritten petition requesting such hearing and setting forth a brief statement of thegrounds therefor. The hearing shall commence not later than 30 days after the date onwhich the petition was filed unless postponed for sufficient cause.

2. After such hearing, the Borough Council shall sustain, modify or overrule theaction of the Zoning Officer, or other person designated by Borough Council.(Ord. 145-07, 12/11/2007)


conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costsand, in default of payment of said fine and costs, to a term of imprisonment not toexceed 30 days. Each day that a violation of this Part continues shall constitute aseparate offense.(Ord. 145-07, 12/11/2007)

§10-208. Remedies Not Mutually Exclusive.The remedies provided herein for the enforcement of this Part, or any remedy

provided by law, shall not be deemed mutually exclusive; rather they may be employedsimultaneously or consecutively, at the option of the Borough Council.(Ord. 145-07, 12/11/2007)


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Part 3

Restricting Open Storage of Personal Property

§10-301. Definitions.1. As used in this Part, the following terms shall have the meanings indicated,

unless a different meaning clearly appears from the context:Lessee - owner for the purpose of this Part when the lessor holds the lessee

responsible for maintenance and repairs.Nuisance - any condition, structure, or improvement which shall constitute a

threat or potential threat to the health, safety, or welfare of the citizens of theBorough.

Owner - the actual owner, agent or custodian of the property on whichmachinery, equipment or materials are stored, whether individual or partnership,association, or corporation.

Person - a natural person, firm, partnership, association, corporation, or otherlegal entity.2. In this Part, the singular shall include the plural; the plural shall include the

singular; and the masculine shall include the feminine and the neuter.(Ord. 145-07, 12/11/2007)

§10-302. Storage of Nuisances Prohibited.It shall be unlawful for any person to store or maintain abandoned, unused,

stripped, damaged and generally unusable appliances, machinery or equipment, orconstruction materials in the open on private property. Such storage shall constitutea nuisance and/or health hazard if any of the following conditions exist:

A. Broken glass or metal parts with sharp or protruding edges.B. Containers which are conducive to the harboring and growth of vermin or

animals.C. Storage in any manner which would allow the equipment, machinery,

material or any parts thereof to easily shift, tilt, or fall from its original storageposition.

D. Containers of any liquid or material of a hazardous or potentiallyhazardous nature, including, but not limited to, gasoline, oil, battery acids,refrigeration agents, and poisons.

E. Any other condition which shall threaten the health, safety or welfare ofthe citizens.

F. Refrigerators with the doors remaining attached.(Ord. 145-07, 12/11/2007)

§10-303. Storage Requirements.1. Storage of such items as listed in §10-302 hereof on private property shall be

permitted only in strict compliance with the regulations provided herein or with stricter


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regulations in other Borough ordinances, or in State or Federal laws. Each person,owner or lessee desiring to store items described in §10-302, shall apply for a permit foreither temporary or permanent storage and pay a fee to the Borough pursuant to aresolution of the Borough Council. Such nuisance(s) must be stored within a garage orother enclosed building or, outside, within an opaque fence at least 6 feet high whichis locked at all times when unattended.

2. With the special approval of the Borough Council nuisances may also be storedoutside in an area enclosed by a chain link fence, at least 6 feet high, screened byshrubbery around the perimeter to the height of the fence, with an unobstructed gatecapable of admitting fire or emergency equipment. Such gate shall remain locked at alltimes when unattended. In addition, the appliances, machinery, equipment, orconstruction materials shall be kept free of vermin infestation while being stored; andall gas, oil or other potentially hazardous substances shall be removed. The total areaof storage of such nuisances may not exceed 200 square feet.

3. Nothing herein shall be construed to permit the storage of appliance,machinery, equipment, or material nuisances contrary to the provisions of the BoroughZoning Ordinance [Chapter 27].(Ord. 145-07, 12/11/2007)

§10-304. Inspection of Premises; Notice to Comply.1. The Zoning Officer, or other person designated by Borough Council, is hereby

empowered to inspect private property on which appliances, machinery, equipment,and/or various construction materials are stored to determine if there is compliancewith the provisions of this Part. If noncompliance with the provisions of this Partconstitutes a nuisance, or if any condition, structure, or improvement poses a dangerto the health, safety, or welfare of the public, he shall issue a written notice to be servedby registered or certified mail upon the owner of said premises, or, if the owner’swhereabouts or identity be unknown, by posting the notice conspicuously upon theoffending premises.

2. Said notice shall specify the condition considered to be a hazard and/ornuisance and shall require the owner to commence to remove or otherwise rectify thecondition as set forth in the notice within 10 days of mailing or posting of said notice,and thereafter, to fully comply with the requirements of the notice within a reasonabletime.(Ord. 145-07, 12/11/2007)

§10-305. Authority to Remedy Noncompliance.If the owner of property on which appliances, machinery, equipment, and/or

construction materials are stored does not comply with the notice to abate the nuisance,within the time limit prescribed, the Borough shall have the authority to take measuresto correct the conditions and collect the cost of such corrections plus 10 percent of allcosts. The Borough, in such event and pursuant to its statutory or otherwise authorizedpolice powers, shall have the right and power to enter upon the offending premises toaccomplish the foregoing.(Ord. 145-07, 12/11/2007)


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§10-306. Hearing.1. Any person aggrieved by the decision of the Zoning Officer, or other person

designated by Council, may request and shall then be granted a hearing before theBorough Council; provided, he files with the Borough Council within 10 days afternotice of the decision of the Zoning Officer, or other person designated by BoroughCouncil , a written petition requesting such hearing and setting forth a brief statementof the grounds therefor. The hearing shall commence not later than 30 days after thedate on which the petition was filed unless postponed for sufficient cause.

2. After such hearing, the Borough Council shall sustain, modify or overrule theaction of the Zoning Officer, or other person designated by Borough Council.(Ord. 145-07, 12/11/2007)


conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costsand, in default of payment of said fine and costs, to a term of imprisonment not toexceed 30 days. Each day that a violation of this Part continues shall constitute aseparate offense.(Ord. 145-07, 12/11/2007)

§10-308. Remedies Not Mutually Exclusive.The remedies provided herein for the enforcement of this Part, or any remedy

provided by law, shall not be deemed mutually exclusive; rather they may be employedsimultaneously or consecutively, at the option of the Borough Council.(Ord. 145-07, 12/11/2007)


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Part 4

Disturbing Noises

§10-401. Intent and Purpose.The Council of the Borough of Modena, finding that excessive levels of sound are

detrimental to the physical, mental and social well-being of the people as well as totheir comfort, living conditions, general welfare and safety and being therefore a publichealth and welfare hazard, hereby declares it to be necessary to provide for the greatercontrol and more effective regulation of excessive sound and the sources of excessivesound within the Borough of Modena.(Ord. 138-06, 3/6/2006, §1)

§10-402. Noise Disturbance.1. The term “noise disturbance” as used in this Part is defined as any sound which

(A) endangers or injures the safety or health of humans or animals, (B) annoys ordisturbs a reasonable person of normal sensitivities, or (C) endangers or injurespersonal or real property.

2. Noise Standards.A. The following shall apply to specified uses and properties within the

Borough, between the hours of 10 p.m. and 6 a.m., plus all day Sunday and legalholidays.

(1) There shall be no nonresidential off-street loading operation.(2) There shall be no outside operation for nonresidential purposes of any

powered equipment, mobile refrigeration unit, powered hand tool, fork lift,tractor, or other similar vehicle except for business districts or industrialdistricts, lawn maintenance, snow removal, or emergency services oremergency repairs.

(3) Other than police, fire, public service, or ambulance operators, noperson shall sound any horn, bell, gong, siren or whistle or make otherunnecessary loud noises except when reasonably required to prevent accidents.

(4) There shall be no outdoor loudspeakers or similar amplification whichmay be heard beyond the property line.B. The restrictions established in paragraph .A above shall not be applied to

agricultural operations on properties within the Borough. Agriculture shall bedefined as activities which involve the raising of food, plants, poultry, and livestockincluding, but not limited to, crop production and nurserying.

C. For any proposed or existing use of land in which potential or actual noiseimpacts need amelioration, the means to ameliorate such impacts shall be proposedby the applicant and reviewed by the Borough on a case-by-case basis. The use ofberms, existing and installed vegetation, fencing or similar enclosure, etc., shall beconsidered by the Borough and, where deemed suitable, may permit modificationor waiver of restrictions in paragraph .A above.

(Ord. 138-06, 3/6/2006, §2)


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§10-403. Violations.It shall be illegal within the Borough for any person or persons to make any noise

continuously and/or incessantly for a period of 10 minutes or make such noiseintermittently for ½ hour or more which results in a noise disturbance to any personat any time of the day or night regardless of whether the noise disturbance is physicallysituated in or upon private property, said noise disturbance being a nuisance.(Ord. 138-06, 3/6/2006, §3)

§10-404. Exceptions.This Part shall not be deemed to prohibit or otherwise declare unlawful any

agricultural operation protected from the nuisance suits by Act 1982, June 10, P.L. 454,No. 133, 53 P.S. §951 et seq.(Ord. 138-06, 3/6/2006, §4)


conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costsand, in default of payment of said fine and costs, to a term of imprisonment not toexceed 30 days. Each day that a violation of this Part continues shall constitute aseparate offense.(Ord. 138-06, 3/6/2006, §5; as amended by Ord. 145-07, 12/11/2007)

Chapter 10 Health and Safety

Documents

Transcript of Chapter 10 Health and Safety