[HISTORY: Adopted by the Borough Council of the Borough of Parkside as Ch. 86 of the 1979 Code; amended in its entirety 8-21-1991 by Ord. No. 362. Amendments noted where applicable.]
A. 
The following are hereby declared by the Council of the Borough of Parkside to be against the public health, welfare and good order. It shall be illegal for any person, persons, company or corporation to act, permit or allow any of the actions in the sections of this chapter.
B. 
The term "person" in this chapter shall include the plural as well as the singular, and shall also apply to any company or corporation wherever appropriate.
No person shall damage, injure, break or destroy any streetlight or streetlight fixture or any personal property owned or leased by the Borough of Parkside within the municipal limits of the Borough of Parkside.
No owner of any parcel of ground located within the Borough of Parkside shall permit any excavation or hole with a minimum diameter of two feet and a depth of two feet to remain opened without placing suitable barriers around such hole or excavation and suitable warnings to the public around such hole or excavation.
[Amended 4-23-2003 by Ord. No. 424; 6-23-2004 by Ord. No. 436; 11-15-2023 by Ord. No. 577]
A. 
Policy. Whereas excessive noise is detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Borough of Parkside, it is hereby declared to be the policy of the Borough of Parkside to safeguard the citizens of the Borough from noise pollution.
B. 
Definitions. The following words, terms and phrases, when used in this section, unless the context clearly indicates otherwise, shall have the following meanings respectively ascribed to them:
A-WEIGHTED SOUND LEVEL
The sound pressure in decibels as measured on a sound level meter using the A-weighted network and read as "dBA."
IMPULSIVE SOUND
Sounds of short duration, usually less than one second, with an abrupt onset and rapid decay.
NOISE DISTURBANCE
Any sound which:
(1) 
Endangers or injures the safety or health of humans;
(2) 
Annoys or disturbs a reasonable person of normal sensitivities;
(3) 
Endangers or injures personal property; or
(4) 
Exceeds the maximum permissible sound levels set forth in the regulations.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation or other entity recognized by law as the subject of rights and duties, including any governmental agency.
REAL PROPERTY BOUNDARY
Am imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
SOUND LEVEL
The weighted sound pressure level obtained by the use of a sound-level meter with an A-weighting frequency network as specified in American National Standards Institute specifications for sound-level meters (ANSI S1. 4-1971 or the latest approved revision thereof). All terminology not defined here shall be in conformance with applicable publications of the American National Standards Institute or its successor body.
C. 
Noise Control Officer.
(1) 
Authorized position. The Code Enforcement Officer, police officers and other persons as may be designated by the Borough Council, shall serve as Noise Control Officers.
(2) 
Duties. Noise Control Officers shall have the powers and duties to:
(a) 
Enforce the provisions of this section and the rules and regulations contained herein.
(b) 
Receive and initiate complaints of violations of the regulations of this section.
(c) 
Upon presentation of proper credentials, enter and inspect any private property or place and inspect any report or records at any reasonable time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this section may exist. Such inspection may include administration of any necessary tests.
(d) 
Send written notice of any violation of this section to the person responsible for the violation.
(e) 
Institute prosecution for violation of the regulations of this section.
D. 
Regulations.
(1) 
No person shall unreasonably make, continue or cause to be made or continued any noise disturbance:
(a) 
Across a real property boundary or between adjacent units of a multiple-family dwelling, except for activities open to the public for which a permit has been issued by a Noise Control Officer.
(b) 
At a distance extending more than 50 feet from a noise-producing device, when operated in or on a motor vehicle on a public right-of-way or public space.
(2) 
No person shall make, continue or cause to be made or continued any noise disturbance between the hours of 10:00 p.m. and 7:00 a.m. the following day when the noise produced is associated with:
(a) 
The operation of an instrument, sound amplifier or similar device which reproduces, produces or amplifies sound.
(b) 
The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects.
(c) 
Operating or permitting the operation of any tools or equipment used in construction, drilling, demolition work or home maintenance.
(d) 
The operation of powered model vehicles, motorboats, domestic power tools and other motor-driven apparatus; repairing, rebuilding, modifying or testing any motor-operated vehicle, motorcycle, powered model vehicle, motor-driven apparatus or power tool.
(e) 
The operation of an electronic insect device which emits unreasonable noises.
(3) 
No person shall operate or cause to be operated on private property any source of sound in such a manner that creates a sound level greater than the limits set forth for the receiving land use category specified below when measured at the real property boundary of the property on which the source of the sound is located.
(a) 
Table.
Maximum Cumulative Time Allowed at Sound Level Limit in Any 24-Hour Period
Sound Level Limit
(dBA)
Day
(7:00 a.m. to 10:00 p.m.)
Night
(10:00 p.m. to 7:00 a.m.)
Less than or equal to 50
14 hrs.
8 hrs.
55
14 hrs.
4 hrs. 30 min.
60
7 hrs. 30 min.
1 hr. 0 min.
65
1 hr. 30 min.
30 min.
70
45 min.
5 min.
75
9 min.
3 min.
80
5 min.
1 min.
85
1 min.
0 min.
Greater than or equal to 90
0 min.
0 min.
(4) 
For any source which emits a pure tone sound, the maximum time of operation will be for the next lower sound (dBA) level in the above table.
E. 
Violations and penalties. Any person, persons, company or corporation violating the provisions of this section shall, upon arrest and conviction thereof, pay a fine of not less than $300, plus costs, for the first offense; not less than $600 for the second offense committed within a period of one year; not less than $1,000 for the third offense committed within a period of one year; and not less than $1,000 for subsequent offenses committed within a period of one year, plus court costs in all cases.
No person being the owner of any real estate within the limits of the Borough of Parkside shall permit the growth of any weeds or grass thereon to a height in excess of 12 inches. Within 48 hours after notice of a violation of this section, the Borough of Parkside may enter upon the property and cause the weeds or grass to be cut, charging the property owner for the costs of such cutting in addition to any fine or costs imposed by this chapter. Every 48 hours that this section shall be violated after the issuance of the first citation shall constitute a new and separate offense.
[1]
Editor's Note: See also Ch. 52, Brush, Grass and Weeds.
[Amended 4-15-1992 by Ord. No. 365]
No person shall paint any word, symbol, sign, trademark, initial or inscription whatsoever on or upon any property, public or private, located within the Borough of Parkside without first having obtained the permission of the owner of such property. In the case of a juvenile, the payment of any fines and/or costs shall be charged against the parent or guardian of such juvenile.
In the event that an alarm within a vehicle or building shall be triggered falsely more than three times within any thirty-day period, the owner of the vehicle or building shall be subject to the penalties as set forth in § 116-10B.
[Amended 1-24-2001 by Ord. No. 403]
No person or persons, partnership, corporation or firm shall toss, throw, drop, deposit or leave any trash, refuse, garbage, debris or other waste material of any kind upon any property, public or private, within the Borough of Parkside. The depositing or leaving of any liquid wastewater or oil on a public street by a parked or standing motor vehicle shall be considered littering and a violation of this chapter.
[Amended 4-23-2003 by Ord. No. 424]
No person shall discharge leaves or grass into the street. No person shall discharge snow and/or ice, by shoveling, sweeping or mechanical means, into a public street or road. No private party will move snow and/or ice that is on a public street or road without the prior permission of the Parkside Police Department.
[Added 4-23-2003 by Ord. No. 424[1]]
A. 
No person, persons, company or corporation shall repair on public or private land, or on any public or private street, road or parking area in the Commercial Zone of the Borough of Parkside, any motor vehicle unless such repair is conducted in a closed, permanent building. Repair shall include any reconstruction, rebuilding, alteration, addition, subtraction, removal or installation of any part or device, in whole or in part, on or in a motor vehicle.
B. 
Spray-painting of a motor vehicle shall only be done in a closed spray booth previously approved by the Borough Fire Marshal. All other spray-painting is prohibited.
[1]
Editor's Note: This ordinance also renumbered former § 116-10 as 116-11.
A. 
Any person, persons, company or corporation violating the provisions of §§ 116-2 to 116-6, inclusive, or § 116-8 or 116-9 shall, upon arrest and conviction thereof, pay a fine of not less than $30 nor more than $1,000, plus costs, for the first offense; not less than $75 nor more than $1,000 for the second offense committed within a period of one year; not less than $150 nor more than $1,000 for the third offense committed within a period of one year; and not less than $300 nor more than $1,000 for subsequent offenses committed within a period of one year, plus court costs, in all cases.
B. 
Any person, persons, company or corporation violating the provisions of §§ 116-7 and 116-10 shall, upon arrest and conviction, pay a fine of not less than $30 nor more than $1,000 for the first two offenses committed within a period of one year, and not less than $75 nor more than $1,000 for subsequent offenses committed within a period of one year, plus court costs.
[Amended 4-23-2003 by Ord. No. 424]
C. 
In default of the fine or costs, a jail sentence of not fewer than 10 days shall be imposed.
[Added 7-28-2004 by Ord. No. 437]
A. 
It shall be unlawful for any person or persons, corporation, company, partnership or firm, or any agent thereof, to construct, erect, or attach to any building, garage, fence, pole or otherwise any device, structure, or extension which shall protrude onto any Borough street, road, highway, sidewalk or walkway within the Borough of Parkside, excepting approved recreational and/or athletic equipment in active use by one or more Borough residents.
B. 
Upon the suspension, termination, abandonment or cessation of use of such recreational or athletic equipment, such structure or equipment shall be immediately moved onto private property so as to not protrude onto any Borough street, road, highway, sidewalk or walkway within the Borough of Parkside.
C. 
Any person, persons, company or corporation violating the provisions of § 116-12 shall, upon arrest and conviction, pay a fine of not less than $100 nor more than $1,000 for the first two offenses committed within a period of one year, and not less than $300 nor more than $1,000 for subsequent offenses committed within a period of one year, plus court costs.