[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 4-3-1980 as Secs. 3-2, 3-3 and 3-4 of the 1980 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
DISORDERLY ASSEMBLAGE
Any two or more persons gathered together and acting in a
boisterous, noisy, riotous, offensive, disorderly or threatening manner
toward each other or others, or committing any act or acts which in
any way breach or disturb the peace or trend to breach or disturb
the peace.
DISORDERLY HOUSE
Any building or structure or any part thereof which is used
for gambling or which is frequented by prostitutes, criminals, gamblers,
vagrants or persons violating the law or in which the law is habitually
violated.
HOUSE OF ILL FAME
Any building or structure or any part thereof in which prostitution,
lewdness or other unlawful sexual acts are permitted.
PERSON, PERSONS, HIS OR HER
Construed wherever appropriate to the context, to include
corporations. The singular number as used herein shall include the
plural.
A. No person shall utter loud and offensive or profane
or indecent language in any public street or other public place, public
conveyance or place to which the public is invited.
B. No person in any place, public or private, shall:
(1) Address or make audible and offensive remarks to or
concerning any passing person;
(2) Obstruct, molest, threaten, insult or interfere with
any person lawfully therein; or
(3) Obstructs, molest, threaten, insult, annoy or interfere
with any child while en route to or from school.
C. No person who telephones another shall address to
such person any lewd, lascivious, indecent or disgusting remarks.
D. No person shall loiter upon any public thoroughfare
or in any public place or in any automobile, bus or other public or
private conveyance upon any public thoroughfare.
E. No person shall repeatedly telephone another for the
purpose of annoying or molesting such person.
A. No person shall make, continue or cause to be made
or continued any unnecessary or unusual sound or noise which either
annoys, injures or endangers the comfort, repose, health or safety
of others unless the making and continuing of the same be necessary
for the protection or preservation of property or of the health, safety,
life or limb of some person or persons.
B. No person shall unnecessarily use the horn or other
warning device of any vehicle so as to cause the same to emit an unreasonably
loud or harsh noise, sound or whistle.
C. No person shall unnecessarily race the engine of any
motor vehicle so as to cause the same to emit any unreasonable loud
noise or sound.
D. No person shall intentionally and unnecessarily cause
any motor vehicle to backfire.
E. It shall
be unlawful for the operator of any motor vehicle to use or operate
or cause to be used or operated, at any time on any road within the
Borough, any mechanical exhaust or decompression system which results
in the practice of engine braking. Engine braking is defined as the
use or operation of any mechanical exhaust device designed to aid
in the braking, decompression or deceleration of any motor vehicle
which results in the excessive, loud, unusual or explosive noise from
such vehicle. The specific prohibition set forth above shall not apply
to engine braking where necessary for the protection of persons and/or
property which cannot be reasonably avoided by the application of
an alternative braking system.
[Added 10-5-2010 by Ord. No. 2010-31]
No persons shall, by noisy or disorderly conduct,
disturb or interfere with the quiet or good order of any place of
assembly, public or private, including schools, churches, libraries
and reading rooms.
No persons shall interfere with, hinder, disturb
or obstruct the proceedings, functions or deliberations of the Mayor
and Council, the Board of Health, or any other official body of the
Borough, nor shall any person molest, obstruct, hinder or interfere
with any Borough officer or official engaged in the performance of
his duty, or knowingly resist or oppose any person authorized by law
to make arrests or to serve any writ, bill, order or process when
the person so authorized is acting in the performance of his duty.
No person shall write or cause to be written
any lewd, indecent or obscene word or words, mark or marks whatsoever,
or draw or cause to be drawn any lewd, indecent or obscene figure
upon any house, building, wall, fence or other place in the Borough.
No person shall practice prostitution, nor shall
any person, by word, act, sign or any device, invite or solicit unlawful
sexual intercourse or any other unlawful, indecent, lewd or lascivious
act.
No person shall maintain or cause or permit
to be maintained, a disorderly house or house of ill fame in any building
or structure, or on any premises owned, occupied or controlled by
him or her; nor shall any person permit any building or other structure,
or any premises owned or occupied or controlled by him or her to be
frequented or used by noisy, riotous or disorderly persons, or by
prostitutes, gamblers or vagrants.
No person shall sell or offer to sell any lewd
or indecent picture, book, device or thing, or exhibit or perform
or cause to be exhibited or performed, any lewd, immoral or indecent
dance, show, play or other presentation.
No person shall intentionally appear on any
street, avenue, road, highway or other public place in a state of
nudity, or make any indecent exposure of his or her person, or commit
or cause to be committed, or participate in the commission of any
lewd or indecent act or behavior.
No person shall commit an assault or an assault
and battery.
No persons, two or more in number, shall fight
together, or commit or attempt to commit assaults and batteries upon
each other, either in public or in a private place, nor be present,
aiding, assisting or abetting the same.
No person shall willfully engage in any fight,
assault, quarrel, brawl, battery or altercation; nor shall any person
participate in or incite by overt act or acts any disturbance or riot,
or any unruly, boisterous, noisy, unlawful or disorderly assemblage
constituting a breach or disturbance of the peace.
No person shall maliciously destroy, deface,
damage or injure property, and where the damage does not exceed the
sum of $200 any person violating this section may be adjudged a disorderly
person.
No person, who being possessed of a dwelling
house or other building, or part thereof, held for any term of years
or other less term, or at will, or held over after the termination
of any tenancy, shall unlawfully and maliciously:
A. Pull down or demolish or begin to pull down or demolish
the same or any part thereof; or
B. Pull down or sever from the freehold any fixture fixed
in or to such dwelling houses or building, or part thereof.
No person shall cast, shoot or throw anything
at, against or into any vehicle, railroad car, airplane or other facility
of transportation, or shall place any stick, stone or other substance
upon any railroad track with intent to injure any car passing thereon,
or the passenger therein.
No person shall place or throw or suffer or
permit the depositing of any stone, sticks, glass, snow, or ice, or
any hard, dangerous or offensive substance upon any street, avenue,
road, highway or other public thoroughfare; nor shall any person throw
any such object or substance at, upon or against any person, vehicle
of transportation, building or other structure.
[Amended by Ord. No. 94-5; Ord. No. 94-9; Ord. No. 94-20]
A. Obstructing public place.
(1) No person shall obstruct any street, avenue, road,
highway, alley or public place with any kind of vehicle or vehicles,
or with box or boxes, lumber wood or any other thing.
(2) No person shall obstruct any public sidewalk, be it
either brick, concrete, or any other material. All of the public sidewalks
must be kept free of planters, benches, tables, chairs, furniture,
or any other displayed merchandise.
(3) All public walkways in the shopping centers located
in the B3 Zone shall maintain a minimum passage clearance width of
eight feet.
(4) The Borough may place benches, planters, and/or trash
receptacles for public use at appropriate locations notwithstanding
provisions to the contrary herein.
(5) The Borough Police Department and/or the Zoning Officer
are authorized to file complaints for violations of this chapter.
B. Exceptions.
(1) The provisions of this section shall not prevent persons
who are building from occupying, until notified by any Borough official
to cease such occupancy, 1/2 of the street in front of the place where
they are so building, unless another person is building on the opposite
side of the street, in which case neither shall occupy more than 1/4
of the street. No person who is building shall continue such occupancy
of any street after notice from any Borough official or police officer
to discontinue the same.
(2) The provisions of this section shall not prevent the issuance of a special business license pursuant to Chapter
178, Article
I, of this Code, for up to two consecutive days at a limit of four per year, per business; or the issuance of a holiday weekend license pursuant to Chapter
178, Article
II, of this Code. These licenses would permit a business to use balloons, streamers, flags, etc., to advertise such event. For these permitted events only, the sidewalks may be used as a display area, provided that there is a minimum of five feet unobstructed clearance maintained for pedestrian traffic, but in no case shall a display area cover more than 50% of the width of the total sidewalk. When, in the opinion of the Zoning Officer, such clearance is not adequate for pedestrian flow, the Zoning Officer shall designate more appropriate clearance.
[Amended 6-6-2019 by Ord.
No. 2019-09]
C. The license fee for this one-day license shall be
$20 per day, and the license so issued shall be valid for the date(s)
endorsed upon the license.
D. No more than four of these licenses shall be issued
per day.
No person shall:
A. Mutilate or remove any notice or damage, destroy or
remove any warning sign or signal or remove any barricade placed or
posted on any highway in connection with or relating to the closing
of any road;
B. Drive any vehicle over or upon the closed portion
of any highway; or
C. Violate any rule or regulation for the use of any
highway.
[Amended 8-18-2009 by Ord. No. 2009-13]
A. No person shall throw, drop, dump on or tow to, or
otherwise place on open fields, public property, or other private
property, any abandoned personal property, automobile or mechanical
parts, junk, paper, bottle, trash, garbage, refuse or debris of any
nature.
B. No person
shall keep or permit the keeping on streets, vacant lots or residential
premises, except in a fully enclosed structure, any motor vehicle,
trailer or semitrailer which:
(1) Is
missing tires, wheels, engine or any essential parts;
(2) Displays
extensive body damage or deterioration;
(3) Does
not display a current, valid state license and inspection sticker;
or
(4) Is
wrecked, disassembled or partly disassembled.
(5) Unregistered
motor vehicles of any type or design.
(7) Trucks,
tractors and commercial trailers, meaning every motor vehicle designed
and used primarily for drawing other vehicles and not so constructed
as to carry a load other than part of the weight of the vehicles and
load to be drawn.
[Added 7-18-2023 by Ord. No. 2023-07]
It is determined the bamboo plant is an invasive and not native
plant and often difficult to control and can, and has, caused significant
damage to properties in the Borough of Chester. The purposes of this
section are to preserve and protect private and public property from
the damaging spread of bamboo grasses and plants, to protect indigenous
and other plant materials from the invasive spread of bamboo, and
to maintain the general welfare of the residents of Chester Borough.
A. Prohibition. No owner, tenant or occupant of a property, or person,
corporation or other entity, shall plant, install or cause or permit
the planting or installation of plant species commonly known as running
(monopodial) bamboo or clumping (sympodial) bamboo, including but
not limited to the following plant genera: Arundinaria, Bambusa, Chimonobambusa,
Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa,
Sasa, Sasaella, and Semiarundinaria, upon any property located within
Chester Borough.
B. Duty to confine. In the event any species commonly known as running
bamboo or clumping bamboo is located upon any property within the
Chester Borough, prior to the effective date of this prohibition,
the owner and occupant of said property shall jointly and severally
be required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other private or public property
or public right-of-way. In lieu of confining the species, the property
owner or occupant may elect to totally remove the bamboo from the
property and all affected properties. Failure to properly confine
such bamboo shall require removal as set forth below. The cost of
said removal shall be at the bamboo property owner's expense.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Code Enforcement
Officer that the bamboo which is on his/her property at the time of
the adoption of this section originated on another property.
C. Removal.
(1) In the event running bamboo or clumping bamboo is present on the
effective date of this prohibition and a complaint is received by
Chester Borough regarding an encroachment of any bamboo plant or root,
and the Code Enforcement Officer of Chester Borough, after observation
and/or inspection, determines that there is an encroachment or invasion
on any adjoining/neighboring private or public property or public
right-of-way (hereinafter, "the affected property"), the Chester Borough
Code Enforcement Officer shall serve notice to the bamboo property
owner in writing that the bamboo has invaded other private or public
property(ies) or public rights-of-way and demand the removal of the
bamboo from the affected property, and demand approved confinement
against future encroachment or, in the alternative, the total removal
from the bamboo property owner's property. Notice shall be provided
to the bamboo property owner, as well as to the owner of the affected
property, by certified, return receipt requested mail and regular
mail. Within 45 days of receipt of such notice, the bamboo property
owner shall submit to the Code Enforcement Officer of Chester Borough,
with a copy to the owner of the affected property, a plan for the
removal of the bamboo from the affected property, which plan shall
include restoration of the affected property after removal of the
bamboo. Within 120 days of receipt of the Code Enforcement Officer's
approval of the plan of removal and restoration, the removal and restoration
shall be completed to the satisfaction of the Code Enforcement Officer
of Chester Borough.
(2) If the bamboo property owner does not accomplish the removal of the bamboo from such other private or public property or public right-of-way in accordance herewith, the Code Enforcement Officer of the Chester Borough shall cause a summons to be issued to the violating property owner. Violators of this Chapter
116 shall be subject to the fines and penalties set forth in Chapter
1, Article
III (§§
1-17 through
1-20), of the Borough Code, including but not limited to fines for each day the violation continues. The Code Enforcement Officer may request, and the Municipal Court may grant, a specific performance remedy. The Borough may also institute civil proceedings for injunctive or civil relief.
(3) Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
(4) When an encroachment is upon public property or public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice provided as set forth above, the Borough, at its
discretion, may remove or contract for the removal of such bamboo
from the Borough property or public right-of-way. The cost of such
removal shall be the responsibility of the bamboo property owner and
occupant and shall be paid or assessed as a lien against the property
on which the bamboo growth originated. The cost of said removal from
the Borough-owned property and/or public right-of-way shall include
the installation of an appropriate barrier to prevent future bamboo
invasion.
D. Replanting prohibited. Any running bamboo or clumping bamboo either
planted or caused to be planted or existing on the effective date
of this regulation may not be replanted or replaced once such bamboo
is or has become dead, destroyed, uprooted, or otherwise removed.
E. Enforcement authority. The provisions of this section shall be enforceable
by the Chester Borough Code Enforcement Officer, the Zoning Officer,
Borough Administrator, or any employee designated by the Borough Administrator.
Reference in this section to the Code Enforcement Officer of Chester
Borough shall include all granted enforcement authority in this subsection.
No person shall operate or cause to be operated,
or shall attempt to operate or cause to be operated any automatic
vending machine, slot machine, coin box, telephone or other receptacle
designed to receive lawful coin of the United States of America in
connection with the sale, use or enjoyment of property or service,
by means of a slug or any false, counterfeited, mutilated, sweated
or foreign coin, or by any means, method, trick or device not lawfully
authorized by the owner, lessee or licensee of such machine, coin
box telephone or receptacle; and no person shall take, obtain or receive
from or in connection with any such automatic vending machine, slot
machine, coin box telephone or other such receptacle, any goods, wares,
merchandise, gas, electric current, article of value, or the use or
enjoyment of any telephone or telegraph facilities or service, of
any musical instrument, phonograph or other property or service without
depositing in and surrendering to such machine, coin box telephone
or receptacle lawful coin of the United States of America to the amount
required therefor by the owner, lessee or licensee of such machine,
coin box telephone or receptacle.
No person shall conduct himself or herself in
or about the Borough having concealed upon him or her any picklock,
key, crow, jack, bit or other implement with an intent to break or
enter into any building or shall have upon him or her any pistol,
hanger, cutlass, bludgeon or other offensive or dangerous weapon,
nor shall any person be apprehended having upon him or her, whether
concealed or not, any of the foregoing articles or things with the
intent of committing any unlawful act, nor shall any person be found
in or near any dwelling, house, warehouse, stable, barn, coachhouse,
garage, smoke house or any place of public resort or assemblage for
business, worship or amusement or other lawful purpose with intent
to steal any goods or chattels; provided, however, that this section
shall not apply to law officers and other persons duly authorized
under certain statutes of this state to carry proper weapons of defense.
Possession of any of the foregoing articles on public thoroughfares
shall be prima facie evidence of such intent.
No person shall directly or indirectly, acting
as agent or otherwise, sell, give or furnish to a minor under the
age of 16 years, any cigarette made of tobacco or of any other matter
or substance which can be smoked, or any cigarette paper or tobacco
in any form. Any person violating this section shall be punished by
a fine of not more than $100.
No person owning, keeping or having the management
or control of any public dance hall where alcoholic beverages are
sold or any tavern, whether licensed as such or not, or any agent
or servant of such person, shall admit thereto or permit or suffer
to be or remain therein any child under the age of 16 years unaccompanied
by a parent, guardian or adult friend.
No person shall, by word, act or other means,
willfully and maliciously give or cause to be given a false fire alarm
or false police alarm.
No person shall fail to relinquish a telephone
party line, consisting of a subscriber line telephone circuit with
two or more main telephone stations connected therewith each having
a distinctive ring or telephone number after he has been requested
to do so to permit another to place a call, in an emergency in which
property or human life are in jeopardy and the prompt summoning of
aid is essential, to a fire or police department or for medical aid
or ambulance services, and no person shall request the use of such
a party line by falsely stating that the same is needed for any of
said purposes knowing said statement to be false; provided such party
line at the time of the request is not being used for any other emergency
call.
No person shall have in his possession or custody
any illegal lottery slips, books or records pertaining to a lottery,
nor shall any person have in his possession or have in his automobile
in his custody any ticket or tickets, slip or slips of paper, document
or memoranda in any way pertaining to the business of a number game.
"Number game" as used in this section means any betting on any number
or numbers, or sets or arrangements of numbers; on or according to
any plan or method whatsoever.
No person shall willfully or maliciously remove,
deface or alter any notice posted pursuant to law and forbidding trespassing,
with intent to destroy such notice. Any person violating this section
shall be punished by a fine of not more than $50 or by imprisonment
for not more than 30 days, or both.
No person shall discard or abandon in any public
or private place accessible to children, whether or not such children
are trespassers, any refrigerator or icebox, having a capacity of
11/2 cubic feet or more, with an attached lid or door which may be
opened and fastened shut by means of an attached latch, or being the
owner, lessee or manager of such place, shall knowingly permit such
abandoned or discarded refrigerator, icebox or chest to remain there
in such condition. Any person violating this section shall be punished
by a fine of not more than $50 or by imprisonment in the county jail
for not more than five days, or by both.
All acts constituting lewd, immoral or indecent
conduct, unlawful destruction of property, willful injuries to or
unlawful interference with persons, hazards to the public health and
breaches or disturbances of the peace not expressly hereinbefore mentioned
are severally prohibited.
No person shall, in or about the Borough, play
for money or other valuable thing at cards, dice or other game with
one or more dice, or with any other instrument, engine or device in
the nature of dice, having one or more figures or numbers, or at billiards,
pool, tennis, bowls or shuffleboard, or A.B.C. or E.O. table, or other
tables, or at faro bank, or other bank of a like nature by whatever
name known, or with any slot machine or device in the nature of a
slot machine, or with any other instrument, engine, apparatus or device
having one or more figures or numbers thereon.
No person shall trespass upon the property of
another without the permission of the owner, occupant or lessee of
the property.
[Amended by Ord. No. 82-23; Ord. No. 88-19]
Nuisances, et al, on private property, quasi-public
property or adjacent public property, snow removal. No person owning,
leasing, occupying or operating any premises or any employee, servant
or agent of such owner, lessor, occupier or operator shall:
A. Maintain or keep or allow to be kept a nuisance thereon
or on adjacent private property, quasi-public property or public property.
For the purposes of this section, the term "nuisance" is defined to
mean any condition or use of premises or adjacent private, quasi-public
or public property which is detrimental to the property of others,
which causes or tends to cause an unreasonable interference with the
use and enjoyment of other property in the neighborhood in which such
premises are located or interferes with the use of adjacent public
property, including but not limited to the keeping or the depositing
on, over, or within premises or adjacent private quasi-public or public
property of lumber, junk, trash, debris, water, snow or ice or abandoning
or discarding same.
B. Maintain or keep or allow to be kept any compost pile which
is of such a nature as to spread or harbor disease, or attract rodents,
vermin, or other disease carrying pests, animals or insects.
C. Maintain or keep or allow to be kept refuse, garbage,
septic or other deleterious material, unless such material is contained
in containers or vessels which deny access to humans, flies, insects,
rodents and animals and in no event for longer than 10 days.
D. Upon premises abutting or bordering upon the sidewalk
and gutters in the public streets of the Borough, fail to remove all
weeds and other impediments therefrom for a distance of three feet
laterally on both sides of said sidewalks within seven days after
written notice to remove the same.
(1) Written notice directing the removal of weeds and
other impediments shall be given by or under the direction of the
Borough Clerk, the head of the Police Department or the Health Officer,
and shall identify the lands abutting or bordering upon the sidewalks
and curbs as hereinbefore provided, and shall contain a short statement
relating in detail and identifying the weeds or other impediments
which are directed to be removed. The notice shall also contain a
statement that the violation of the terms of this section is punishable
by fine or imprisonment, or both.
(2) The notice may be served upon the owner or resident
in the Borough in person or by leaving the same at their house or
place of residence with a member of their family above the age of
14 years. In case any such owner shall not reside in the Borough,
such notice may be served upon him personally or mailed to his last
known post office address, or it may be served upon the occupant of
the property, or upon the agent of the owner in charge thereof.
E. Upon premises abutting upon sidewalks in the public
streets of the Borough, failure to remove all snow and ice from such
sidewalks within 12 hours of daylight after the snow shall have stopped
falling or after the ice shall have formed thereon.
[Added by Ord. No. 88-18]
A. Upon a declaration of a water emergency no persons
shall willfully use water for nonessential purposes.
B. Nonessential purposes shall include lawn watering,
car washing, garden watering, washing of exterior surfaces of buildings,
filling or supplementing swimming pools and other outdoor water uses.
C. The Mayor and Council may declare a water emergency
upon adoption of a resolution finding that rainfall in the preceding
thirty-day period is less than 50% of the average rainfall for said
period, or that there is evidence of a generalized reduction in available
ground water throughout the Borough of Chester, or that other governmental
authorities have determined that a water emergency exists, and upon
publication of notice of adoption of said resolution in the official
newspaper of the Borough of Chester.
D. Said declaration of emergency shall be effective 10
days after publication.
[Added by Ord. No. 97-10]
A. No person shall paint, mark or write on, or post or
otherwise affix, any handbill or sign to any property owned by the
Borough of Chester or upon the sidewalk, crosswalk, curb, curbstone,
street lamppost, hydrant, tree, shrub, tree stake or guard, railroad
trestle, electric light or power or telephone or telegraph or wire
pole or wire appurtenance, or upon any fixture of the firm alarm or
telegraph system, or upon any lighting system, public bridge, drinking
fountain, street sign or traffic sign.
B. Any handbill or sign found posted, or otherwise affixed
upon any public property contrary to the provisions of this section,
may be removed by the Police Department, the Department of Public
Works, or the Zoning Officer. The person responsible for any such
illegal posting shall be liable for the cost incurred in its removal,
and the Department of Public Works is authorized to collect the cost.
C. Nothing in this section shall apply to the installation
of a metal plaque or plate, or individual letters or figures, in a
sidewalk commemorating a historical, cultural, or artistic event,
location or personality for which the Borough has granted a written
permit.
D. Special occasion decorations. Nothing herein shall
be construed to prevent the Mayor and Council of the Borough of Chester
from placing special occasion decorations and/or seasonal secular
decorations, or authorizing the same by nonprofit organizations, on
and along the public streets of the Borough of Chester, subject to
standards to be established by resolution of the governing body from
time to time.
[Added 11-15-1999 by Ord. No. 99-10]
[Added by Ord. No. 2000-10]
A. No person shall conduct excavation, demolition, construction,
repair or alteration work other than between the hours of 7:00 a.m.
and 6:00 p.m., and not on Sundays, except that a homeowner may conduct
construction, repair or alteration work on his/her own dwelling or
property between the hours of 7:00 a.m. and 9:00 p.m.
B. In the case of urgent necessity or in the interest
of public health or safety, the Superintendent of Public Works, the
Superintendent’s duly designated representative, or the Borough
Administrator may grant a permit for excavation, demolition, construction,
repair or alteration work for a period not to exceed three days, by
the terms of which permit such work may be carried on specified hours
between 6:00 p.m. and 7:00 a.m. Nothing herein shall alleviate a person
from also obtaining all required permits from the Construction Department
of the Borough of Chester for the work to be undertaken.
[Amended 11-20-2007 by Ord. No. 2007-21]
[Added 10-16-2007 by Ord. No. 2007-17; amended 7-18-2017 by Ord. No.
2017-05]
No person other than the homeowner shall conduct
landscaping or lawn maintenance activities with engine-powered equipment
other than between the hours of 8:00 a.m. and 8:00 p.m. (Mondays through
Fridays); 9:00 a.m. and 6:00 p.m. (Saturdays); and 1:00 p.m. and 6:00
p.m. (Sundays).
[Added 11-20-2007 by Ord. No. 2007-21]
The day and hour restrictions set forth in §§
116-37 and
116-38 of this chapter may be relaxed upon written request of a property owner to the governing body upon a finding that the waiver is in the best interests of the Borough. The property owner must set forth the specific nature of the regulated activity; the manner in which the activity is to be conducted; the specific dates and times of the proposed activity; those efforts to be undertaken to avoid or minimize public disturbances and inconveniences, including but not limited to noise, traffic, sidewalk obstruction, lights, and the like; and demonstrate that relaxation of the day and hour restrictions are in the best interests of the Borough. Decision by the governing body upon requests for waivers shall be made by resolution which may set forth terms and conditions of any waivers granted.
Except as otherwise provided herein, any person violating any of the provisions of this chapter shall, upon conviction thereof be liable to the penalty stated in Chapter
1, General Provisions, Article
III, General Penalty.
All fines imposed and collected under and by
virtue of this chapter shall be paid into the treasury of the Borough.