[HISTORY: Adopted by the Borough Council of the Borough of
East Greenville 8-3-2020 by Ord. No. 2020-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 42,
Disorderly Conduct, comprised of Art. I, Noise, adopted 3-1-2010 by Ord. No.
2010-03.
A.
Disorderly conduct, as defined in the Pennsylvania Crime Code, 18
Pa.C.S.A. § 5503, is hereby prohibited within the Borough.
B.
As used in enforcing this chapter, 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.
A person is guilty of disorderly conduct if they:
Any person, firm or corporation who shall violate any provision
of this article, except as specifically set forth, 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 article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.
A.
Specifically prohibited unreasonable noise, within the meaning of
this chapter, is hereby defined to include the following:
(1)
For any person at any time to use a horn or other warning device
otherwise than as a reasonable warning, or to make any unnecessary
or unreasonable loud or harsh sound by means of a horn or other warning
device.
(2)
The playing of any radio, phonograph or any musical instrument in
such a manner or with such volume as to annoy or disturb the quiet,
comfort or repose of persons in any office, hospital or any dwelling,
hotel or other type of residence or of any persons in the vicinity
thereof.
(3)
Yelling, shouting, hooting, whistling or singing on the public streets
and/or public property so as to annoy or disturb the quiet, comfort
or repose of any persons in any hospital, dwelling, hotel or other
type of residence or of any persons in the vicinity thereof.
(4)
Permitting any animal, bird or fowl in one's possession or under
one's control to make any frequent or long-continued noise of such
character or intensity as to disturb the comfort or repose of any
person.
(5)
The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work or as a warning
of fire or danger.
(6)
The erection (including excavating), demolition, alteration or repair
of any building in any residential district or section, the excavation
of streets or highways in any residential district or section other
than between the hours of 7:00 a.m. and 10:00 p.m. on Monday through
Saturday, except in the case of urgent necessity in the interest of
public health and safety, and then only with a permit from the Borough
Secretary, which permit may be granted for a period not to exceed
30 days while the emergency continues. If the Borough Council should
determine that the public health and safety will not be impaired by
the erection, demolition, alteration or repair of any building or
the excavation of streets and highways between the hours of 10:00
p.m. and 7:00 a.m., and if they shall further determine that loss
or inconvenience would result to any party in interest, they may grant
permission for such work to be done between the hours of 10:00 p.m.
and 7:00 a.m., upon application being made at the time the permit
for the work is awarded or during the progress of the work.
(7)
The creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court, while the same are
in session, which unreasonably interferes with the workings of sessions
thereof and the making of any other noise so as to annoy the users
and/or occupants of such places or buildings as are herein defined.
(8)
The use of any drum, loud speaker or other instrument or device for
the purpose of attracting attention to the sale or display of merchandise
of a commercial character.
(9)
Refuse-compacting vehicles. Operating of or permitting to be operated
the compact cycle of the motor vehicle which can compact refuse between
the hours of 6:00 p.m. and 6:00 a.m. the following day in residential
areas.
(10)
For any person or persons to make any unreasonable noise continuously
and/or incessantly for a period in excess of 10 minutes, or make such
noise intermittently for 30 minutes or more which results in a disturbance
to any person at any time of the day or night, regardless of whether
the noise disturbance is physically situated in or upon private property.
None of the terms or prohibitions hereof shall apply to or be
enforced against:
A.
Any vehicle or personnel of the Borough while engaged upon necessary
public business, and/or emergency vehicles such as police, ambulance
and fire companies.
B.
Excavations or repairs of bridges, streets or highways by or on behalf
of the Borough during the nighttime, when the public welfare and convenience
renders it impossible to perform such work during the daytime.
C.
Parades with band music on holidays or by civic organizations or
by the public schools or divisions of the public schools.
D.
School sports events which may or may not be accompanied by cheering
and/or music.
E.
The reasonable use of amplifiers or loud speakers in the course of
public addresses which are noncommercial in character.
F.
Fireworks exhibits held under permit by the Borough.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punishable by a fine of not more than
$300 and costs of such proceedings or, upon default of payment of
such fine and costs, by imprisonment in the county jail for a term
of not more than 30 days; provided, however, that if the District
Justice determines that the defendant is without financial means to
pay the fines and costs immediately or in a single remittance, such
defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the District Justice deems to be
just.
