Township of Whitpain, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 6-21-1982 as Ord. No. 126. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 78.
Hunting and firearms — See Ch. 101.
[Amended 3-18-2003 by Ord. No. 126-1; 8-7-2007 by Ord. No. 307; 3-19-2019 by Ord. No. 371]
A. 
"Disturbing the peace" within the meaning of this chapter shall constitute the making, causing or permitting to be made or caused to be made anywhere within the Township of Whitpain of any loud, boisterous or unseemly noise or unnecessary noises, clamor, din or other sounds tending to disturb the peace and quiet of the community, and the carrying on of any business, trade, transportation, recreation or amusement at any time, in any place or in any manner which causes any unnecessary noise or disturbances, and all such noises and disturbances are hereby prohibited. All noises or other sounds shall be considered to be unnecessary and to constitute disturbing the peace even though they are not louder than customary and are unavoidable sounds or noises attendant upon the operation or performance of business, trade, transportation, recreation or amusement if they are made in such a manner as to be plainly audible at a distance of 50 yards from the building, structure, vehicle or area from which the sound or sounds are emanating during the following times, prevailing local time:
(1) 
On Sunday before 8:00 a.m. or after 9:00 p.m.;
(2) 
On Monday through Thursday before 6:00 a.m. or after 9:00 p.m.;
(3) 
On Friday before 6:00 a.m. or after 11:00 p.m.; and
(4) 
On Saturday before 8:00 a.m. and after 11:00 p.m.
B. 
On New Year's Eve, the day before Memorial Day, Memorial Day, the day before Independence Day, Independence Day, the day before Labor Day, and Labor Day, the evening quiet hours begin at 11:00 p.m., regardless of the day of the week.
C. 
Notwithstanding the remainder of this chapter, except in cases of emergency, no person shall carry on an activity at any time or in any manner which causes unnecessary annoyance or disturbs the peace and quiet of the immediate neighborhood.
Without in any manner intending to limit or restrict the generality of the above definition of and prohibition against disturbing the peace, the following are hereby declared to constitute disturbing the peace:
A. 
The unnecessary sounding of automobile horns, sirens, bells, whistles or other warning devices. The operators of motor vehicles shall at all times exercise due care and foresight in their operation and shall not substitute the sounding of warnings for careful driving and the maintenance of proper control over their respective vehicles. It is not intended hereby to prohibit the use of such warning devices in emergencies or at times when, in the exercise of good judgment, a prudent operator would use such devices.
B. 
The unnecessary noise created by minibikes, dirt bikes, cycles and go-carts which is considered excessive and is causing a disturbance of the peace within the immediate neighborhood.
C. 
The keeping of dogs or other animals under such conditions or in such a manner that by barking or otherwise they disturb the peace and quiet of the immediate neighborhood.
D. 
The operation of any radios, televisions, stereo equipment, amplification equipment, public address systems, electronic microphone or electronic amplification system or other electronic or mechanical equipment, or the singing, shouting or playing of musical instruments between the hours of 11:00 p.m. and 6:00 a.m. prevailing local time, in such a manner as to be plainly audible at a distance of 50 yards from the building, structure, vehicle or area from which the sound or sounds are emanating.
[Amended 3-18-2003 by Ord. No. 126-1]
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, regarding loafing, loitering, lounging or congregating on street corners, was repealed 9-18-2012 by Ord. No. 126-2.
F. 
Acting in and about the streets or other public places in the Township in a noisy, loud, boisterous and unseemly manner or in such a manner as to disturb the peace and quiet of the community.
G. 
Permitting or giving one's consent to any person to violate the terms of this chapter as above set forth upon his property or elsewhere.
[Added 9-18-2012 by Ord. No. 126-2]
A. 
Loitering prohibited. It shall be unlawful for any person to loiter within the limits of the Township.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
LOITERING
Any act, word or conduct causing or tending to cause any danger, annoyance, inconvenience or alarm, or the reckless creating of a risk thereof, to the inhabitants of the Township or users of any of the public streets, alleys, sidewalks or public places in the Township by any person or persons who shall idle, linger aimlessly or congregate in or upon any street, alley, sidewalk or other public way or public place or in any public gathering or assembly or in or around any store, shop, business or commercial establishment or on any private property or place without lawful business.
C. 
Obstruction on public street or sidewalk. Whenever any group of three or more persons shall be idling, lingering aimlessly or congregating upon any of the public streets, sidewalks or public ways of the Township, whereby the pedestrian traffic upon such sidewalk, street or public way is obstructed from free passage thereon, all persons in such groups shall be prima facie guilty of loitering.
[Amended 5-19-1986 by Ord. No. 165; 3-18-2003 by Ord. No. 126-1; 9-18-2012 by Ord. No. 126-2]
Any person or persons violating any of the provisions of this chapter shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.