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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
Whenever a condition constituting a nuisance is permitted or maintained, the Borough Council, through its Code Enforcement Officer, shall cause written notice to be served upon the violator in one of the following manners:
(A) By making personal delivery of the notice to the owners;
(B) By handing a copy of the notice at the place of business to an adult at such business;
(C) By fixing a copy of the notice to the door at the entrance of the premises in violation;
(D) By mailing a copy of the address of the business on file in the Borough Hall by certified mail; or
(E) By publishing a copy of the notice in a local newspaper of general circulation within the county once a week for three successive weeks.
(Ord. 09-2023, passed 9-18-2023)
(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any person who shall violate any provision of §§ 91.015 through 91.022 shall, upon conviction thereof, be sentenced to pay a fine not more than $600 plus costs and, in default of payment of said fine and costs, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of §§ 91.015 through 91.022 continues shall constitute a separate offense.
(Prior Code, Ch. 10, § 208)
(C) Any person who shall violate any provision of §§ 91.035 through 91.041 shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of §§ 91.035 through 91.041 continues shall constitute a separate offense.
(Prior Code, Ch. 10, § 306)
(2) In addition to the above fine for each day the violation exists, the violator shall pay all legal costs and expenses including, but not limited to, legal fees, engineering and/or municipal inspection fees.
(3) The borough shall have the right, in addition to the above enforcement remedy, to bring an action in any court of competent jurisdiction to obtain an injunction, restraining order or other appropriate remedy to compel a person’s compliance with this subchapter.
(Prior Code, Ch. 10, § 408)
(E) (1) For any violations of any provision of §§ 91.075 through 91.077 by permitting, creating, maintaining or being guilty of a marijuana odor nuisance, and upon failure to abate such after notice to do so, be guilty of a summary offense and upon conviction thereto be liable to pay a fine not less than $150 and not more than $1,000 per violation, unless a fine is otherwise provided for by state law. Each day during which a nuisance continues after notice shall constitute a separate offense and shall be subject to separate and distinct penalties.
(2) The commission or maintenance of a nuisance as defined in and prohibited by 18 Pa.C.S. Chapter 65 may be punishable as provided therein.
(Ord. passed 8-6-1945, § 6; Ord. 131, passed 5-8-1967, § 1; Ord. 254, passed 9-8-1987, § 7; Ord. 272, passed 7-17-1989, § 6; Ord. 323, passed 7-6-1998; Ord. 2-2009, passed 6-15-2009, § X; Ord. 09-2023, passed 9-18-2023)