After months of working on it, Tyrone Borough has adopted an updated nuisance ordinance.
The new ordinance details a number of issues that council members considered before deciding they wanted to specify the items in the ordinance. Most of those issues related to noise disturbances.
The ordinance covers limiting the times of waste collection. Such collections are limited to 6 a.m. to 9 p.m.
Also, under the ordinance, persons with dogs or animals should be aware that it is considered a disturbance to “the peace and quiet of night” if such dogs or animals bark, howl, cry or otherwise make noise for a continuous period of one-half hour in any one-hour period that can be heard from a distance of 150 feet from that person’s property line.
The ordinance also covers fireworks issues. People are not permitted to use or explode any fireworks as the term is defined under Pennsylvania law, unless the person is a competent operator and has been authorized by the borough.
The use and explosion of such fireworks shall take place only the day before, the day of and the day after the Fourth of July, during the hours of 9 a.m. and midnight unless otherwise authorized by the borough. Using or exploding fireworks on other days or times is prohibited.
Some of the other items in the ordinance deals with relate to drainage and obstruction of streets concerns.
The borough’s ordinance declares unlawful “the draining or allowing to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies or cesspools” or “any foul or offensive water or foul or offensive drainage of any kind” from property along any public road or “from any property into or upon any adjoining property.”
The ordinance also bans the draining or flowing of any water or drainage from a dwelling along a public road “into or upon the cart way or traveled portion for said drainage by means of a drainage ditch or otherwise.”
The ordinance also covers the obstruction of streets including a prohibition on allowing mud, dirt, coal, wood, brick, stone, gravel, clay, sand, rubbish or any other matter to remain on a street or in a gutter in front of a property owner’s premises for more than 24 hours after it had been deposited there. The ordinance allows an exception if special permission is granted by council.
The ordinance requires a barricade, temporary fence or other protective materials when conducting an excavation or work that creates an obstruction that remains opened or exposed on a road or adjoining it.
The ordinance prohibits interfering with the flow of a stream, creek or other waterway, by means of a dam construction or otherwise. It also prohibits “the removal of an embankment of a stream so as to alter the natural flow” of it.
The ordinance also has a provision prohibiting the defacing private or public property and disturbances that endanger the safety or health of humans or animals or is “unusual for the time of day or location” or “jeopardizes the value of property or erodes the integrity of the environment” or disturbs or annoys persons of “normal sensibilities.”
Violators will be notified of any conditions that constitute a violation and it requires corrective action be taken within 20 days of such notice.
Fines for each violation that go before the district judge can range from not less than $100 to not more than $1,000 plus the costs of prosecution. A failure to pay fines and costs has a penalty of imprisonment of not more than 10 days. Each day a violation continues is considered a separate event.
Council also reserves the right to initiate removal, repair or alteration to correct a violation. Such costs would result in a lien being placed on the premises where the work was done.
