The following shall be designated a nuisance:
(A) Offensive marijuana odors prohibited.
(1) Any unreasonably noxious, unpleasant or strong odor resulting from activities relating to the growing, manufacturing and/or processing of marijuana within the borough, is hereby declared to be a nuisance, is prohibited and is made unlawful which causes:
(a) Material distress;
(b) Discomfort or injury to persons of ordinary sensibilities; and
(c) Extends beyond the boundaries of the property on which such odor originates,.
(2) Any odor from said facilities of such character, strength and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance, is prohibited and made unlawful.
(B) Determination of violation.
(1) Upon receipt of a complaint, it shall be the duty of the Borough Code Enforcement Officer, or other designated official, to visit the affected area to determine existence of a detectable odor constituting a nuisance within his or her experience and discretion.
(2) The detectable odor can be also verified by the public through credible testimony.
(Ord. 09-2023, passed 9-18-2023) Penalty, see § 91.999