The following acts shall constitute an act of nuisance within the Borough:
A. To leave or dump any garbage or rubbish unattended unless in an authorized container and at a place to be collected in the ordinary course of business by the Dauphin Borough trash collector. In no event shall such containers of garbage or rubbish be left unattended for more than 72 hours.
B. To store abandoned automobiles on any public or private property in the Borough, unless such automobile is stored in a garage or other similar building. A rebuttable presumption shall exist that an automobile is abandoned when, for a period of forty-eight (48) hours or more, the automobile is left unattended on any public or private property and the automobile lacks a current state inspection sticker, does not have current registration, does not have an ascertainable vehicle identification number, or the automobile is physically inoperable in its current condition. [Ord. 93-2]
C. To park or store any truck tractor or trailer (including, but not limited to, any boat trailer, travel trailer or truck trailer) or any combination of the foregoing, on the Borough streets for more than 24 hours during any consecutive 7-day period. [Ord. 93-11]
D. To own or possess, and permit the presence of a structure in which any of the following conditions are present:
(1) The structure is in a dilapidated or deteriorating condition, and in an advanced state of disrepair.
(2) The structure is without heat or electricity, and not secure from conditions which will cause deterioration.
(3) The exterior walls consist of single boards sheathed over open studding.
(4) The window frames and/or sashes are broken or rotted, and beyond repair.
(5) The floor boards are broken or rotted and beyond repair.
(6) The roof is leaking, and beyond repair.
(7) A serious fire hazard is present due to large quantities of combustible materials which are not safely stored.
(8) The structure is infested with vermin and/or insects.
(9) The area surrounding the structure has been left untended, and a condition of overgrowth of grass and/or weeds is evident.
E. To park or occupy a recreational vehicle on the Borough streets for a period of more than 48 hours during any consecutive 7-day period or to park or occupy a recreational vehicle on private property for a period of more than 48 hours during any consecutive 7-day period without the express written consent of the owner of the property.
F. To permit or create any other condition or nuisance, which would be declared a nuisance per se at common law.
G. Any dismantled and nonoperable vehicle shall be housed within a structure, and no parts of such vehicle or other similar vehicles shall be stored or otherwise maintained outside of a structure except in a Commercial/Industrial District. A vehicle shall be considered dismantled and nonoperable if it does not display the current Pennsylvania state inspection certificate and is manifestly incapable of being locomotive in its existing condition. [Ord. 97-2]
H. Use of Engine Brakes.
(1) Operation of Engine Brakes Declared a Nuisance. The Borough Council of Dauphin, Dauphin County, Pennsylvania, finds as a fact that the operation of an engine brake, also known as a “jake brake,” on a gasoline or diesel powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of said engine brake, adversely affects the public health and welfare of the residents of the Borough of Dauphin, and therefore, is a nuisance in fact.
(2) Prohibition. No gasoline or diesel powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Borough of Dauphin, Dauphin County, Pennsylvania, utilizing, in said operation, an engine brake, also known as a “jake brake,” permitting excessive noise to be created by said motor vehicle.
(3) Use Permitted in Emergency Situations. This paragraph shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Dauphin Borough, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle in question.
(4) Penalties. Any driver and/or the firm or corporation for whom the driver is employed who shall violate any provision of the paragraph, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2012-03]
[Ord. 99-3]
(Ord. 91-5, 10/8/1991, §3; as amended by Ord. 93-2, 5/4/1993, §§1 and 2; by Ord. 93-11, 12/7/1993, §1; by Ord. 97-2, 2/4/1997; by Ord. 99-3, 11/3/1999, §§1–4; by Ord. 2012-03, 12/4/2012; and by Ord. 2018-03, 8/7/2018)