[HISTORY: Adopted by the Borough Council
of the Borough of Eagles Mere as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-3-2000 by Ord. No. 2000-1]
A.
Disorderly conduct, as defined by § 5503
of the Crimes Code, 18 Pa.C.S.A. § 5503, is hereby prohibited
within the Borough of Eagles Mere. A person is guilty of disorderly
conduct if, with the intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof he:
B.
Provided that, as used in this section, the word "public"
means affecting or likely to affect persons in a place to which the
public or a substantial group has access. Among the places included
are streets, alleys and sidewalks, transport facilities, schools,
prisons, apartment houses, places of business or amusement, any neighborhood
or any premises which are open to the public.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, plus costs, and in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
[Adopted 6-7-2010 by Ord. No. 2010-01]
This article is enacted pursuant to the authority granted to
the Borough in Section 1202(4), (5), (6) and (20) of the Borough Code.[1]
[1]
Editor's Note: See 53 P.S. § 46202(4), (5),
(6) and (20).
As used in this article, the following terms shall have the
meanings indicated:
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A.
It shall be unlawful for any person to make, continue, or cause to
be made or continued any loud, unnecessary, unusual or unreasonable
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the Borough, provided that noises created in the normal
and reasonable course of a legitimate business activity shall not
be deemed illegal.
The following acts, among others, are declared to constitute
a public nuisance and a threat to the health, convenience, comfort
and general welfare in violation of this article, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Yelling shouting, etc.: yelling, shouting, hooting, whistling, singing,
or banging between the hours of 11:00 p.m. and 7:00 a.m. or at any
time or place so as to annoy or disturb the quiet, comfort or repose
of persons in any dwelling, hotel or other type of residence or of
any persons in the vicinity.
B.
Radios, phonographs, television sets, etc.: using, operating or permitting
the playing, use or operation of any radio receiving set, television
set, musical instrument, phonograph, tape player, CD player, iPod
or other machine or electronic devise for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
necessary for convenient hearing for the person or persons who are
on the property or in the room or vehicle in which such machine or
device is being operated. The operation of any such set, instrument,
phonograph, machine or device between the hours of 11:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible at a distance
of 100 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this section.
C.
Horns, signaling devices, etc.: sounding any horn, instrument, signaling
device or fireworks between the hours of 11:00 p.m. and 7:00 a.m.
or at any time or place so as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, hotel or other type of residence,
or of any persons in the vicinity.
Any person violating any of the sections of this article shall,
upon conviction thereof before any District Judge, be sentenced to
pay a fine of not more than $600, together with costs of prosecution,
and in default of payment thereof, may be sentenced and committed
to imprisonment for a period not to exceed 30 days. Said fine and
costs may be collected by suit or summary proceedings brought in the
name of Eagles Mere Borough.
